An Act to amend the Aeronautics Act and to make consequential amendments to other Acts

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Lawrence Cannon  Conservative

Status

Third reading (House), as of June 16, 2008
(This bill did not become law.)

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.

Aeronautics ActGovernment Orders

November 2nd, 2007 / 10:05 a.m.
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NDP

Catherine Bell NDP Vancouver Island North, BC

Mr. Speaker, I would like to acknowledge the work done by my colleague from Burnaby—New Westminster on this file. His work and advocacy in opposing this bill is something that needs to be considered because of the people who have come to him and have approached our NDP caucus to tell us their stories about why it is important to make sure that the airline industry is safe, that the workers are kept safe, and that the travelling public can travel with certainty about their safety.

I want to tell a story this morning about my riding of Vancouver Island North where we do not have the ability to get from one town to another without the use of airplanes or water taxis. We have remote areas, a lot of places where our first nations live, up and down the coast, that are only accessible by air or water. There are no roads into these communities, so we rely heavily on small airlines to transport us.

I have had the opportunity on many occasions to travel in the riding. Even before I was an elected member I would travel on small airlines. My family lived in one of those remote communities for a time and I appreciated very much the fact that the pilots got us there safely. But sometimes it was not a fun experience. There has been nasty weather and one has to travel in the winter. As I have tried to let people know in the past, it is not all glorious out there.

Just this past year, in the spring, I was travelling to one of our small communities in one of our small airlines and the plane had to stop at many little places and pick up passengers coming in and out of the small logging camps. We had our earphones on so we could hear each other talk and I heard the pilot say: “Can you guys keep your eyes open, there's heli-logging in this area and if one of those helicopters comes out of the clouds with a log, we need to get out of the way quick”, because we were flying fairly low.

It was a little disconcerting to think that we had to be the eyes and ears for the pilot in his small plane while he was wiping his window off with a cloth because the air system was not working properly and we could see little cracks through the doors on the plane because they did not close properly. There are little things that make us concerned for our safety, but we get in those planes and we travel, and we trust those pilots. They do a great job for us. I really want to acknowledge that they are the ones responsible for the maintenance and upkeep of their aircraft because most of them are owner/operators.

It is disconcerting that this bill would take away government oversight and put the responsibility into the hands of a corporation where profit is the bottom line, and where shareholders expect to see a return on their investment by the corporation. So quite often we see these companies cut corners to make ends meet or to make sure that they get a return on their investment. That does not help the travelling public. It makes us a little more uncomfortable when we have to get into these airplanes.

I hope that the story I am going to tell about an incident that happened in my riding a few years ago will help people understand the importance of safety for the travelling public.

Before I get to that, I also want to acknowledge that at least half, maybe more, of the members of the House do not even live in Ontario where they are able to drive to Ottawa. Instead, we have to take airplanes weekly or sometimes daily in the cases of some members who have to travel back and forth, such as ministers who are always travelling. We want to make sure we are safe. We also want to make sure that the workers, whose jobs are to make sure we are safe, are safe as well. It is for them that we are speaking about this issue and raising concerns as well.

As my colleague, the member for Burnaby—New Westminster, also mentioned, we have seen what has happened with rail safety in this country. We have seen more derailments and the industry is basically inspecting and regulating itself, and it has not done our environment any good. We have seen spills of huge proportions.

The devastation of the Cheakamus River in British Columbia on the coast will have repercussions for years to come on the ability to fish in that river. First nations are very concerned about their ability to harvest any of the fish that they would have had from that river. The communities that are along that river have to worry about their water supply. So many things have happened because of a train wreck and yet the industry seems to get away with it, basically. The trains are still travelling. It is still happening and nothing has been done.

To go back to my riding, the story that I want to tell is about Kirsten Stevens who is a young woman from Campbell River. Her husband worked in the forest industry. That is another reason that we use these small planes as I mentioned earlier. Loggers and people who work in the bush take these planes to get out to their camps.

The plane filled up with the workers one morning, took off and crashed into the ocean just off one of our small islands. It took a couple of years for Ms. Stevens to have the plane recovered from the ocean. She has been working diligently trying to get answers as to why this plane went down. There were questions of pilot error or malfunction of the engine. The authorities could not do an inspection because they did not have the wreckage. It took a long time for the wreckage to be brought up and it was only brought up because of the families of the people who were killed in that terrible accident. The accident left a woman without her husband and children without their father. I also knew one family fairly well who lost their son. It was a devastating accident and it touched a lot of families, and a lot of lives.

However, there was stalling and finger pointing from all sides of the government and from the Transportation Safety Board. It took several years for them to bring up that wreckage to carry out an investigation into what really happened. I find that quite sad because those families needed some closure into the death of their loved ones and also because they had to work so hard. Here they were in the grieving process and they were out there trying to get answers and nothing was forthcoming.

It just points to, I hate to say, a lack of caring but that is how these people felt when they were ignored or they were let down. There was a lot of back and forth. It was just sad. I really have to commend Ms. Stevens for her diligence and for not letting this go when she was under so much stress. So, in a lot of ways, it is for her that we also want to make sure this bill is opposed.

She has written to me on several occasions and one of the things that she has stated with regard to getting some answers is:

The standards, regulations and oversight are very different between these classifications, [meaning air taxi and airline], and when you add to that the lack of union, professional association, lobby group or any form of real OH&S protection for the air taxi worker, then the situation is quite frightening.

When she says it is frightening, I know exactly what she means. At least once a year small planes go down in the various areas of my riding. Quite often, those planes are recovered and the people may be injured but not seriously hurt and can go back to work, but every once in a while we have the devastation that happened with Ms. Stevens' husband and the others in that crash.

My colleague from Burnaby—New Westminster and others who have spoken on Bill C-7 are quite right to be concerned and to raise those concerns. We went through this back in the spring and here we are again in November raising the same concerns, so I hope the government is listening and will do the right thing and make sure the industry is kept safe.

The travelling public needs to know that and we all need to know that as we use airplanes more and more. Smaller airlines are popping up all over the place. We need to make sure that those airlines are strictly regulated, that there is oversight and that there are investigations when there are any signs of something going wrong. We do not want to see another Jetsgo fiasco in this country, with an airline that had a multitude of problems over several years and yet was deemed to be safe. We all know what happened with that.

We want to make sure the travelling public is safe and can travel with the certainty that they do not have to worry every time they get on an airplane. We also do not want to have another instance of what Ms. Stevens had to endure.

I thank my colleague again for raising these concerns so that we have an opportunity to speak to this legislation. I could go on for another half an hour and talk about the small airplanes and the commuters in my riding, but suffice it to say that the workers who travel on them and the communities that rely on them need to know that they are reliable and safe for the future.

The House resumed from October 31 consideration of the motion that Bill C-7, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts, be read the third time and passed, and of the amendment.

Business of the HouseRoutine Proceedings

November 1st, 2007 / 3:40 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, because the official opposition was in disarray or whatever, it was unprepared to stand in the House and ask the Thursday question last week. As a result, I was unable to inform the House that this week's theme is “Effective Economic Leadership”.

I am proud to say that to date, we have been very successful.

Yesterday, the House approved the government's budgetary and economic plan to provide tax relief to Canadians by reducing the GST to 5% and cutting personal and business income taxes.

Tomorrow, we will continue to provide effective economic leadership by debating Bill C-7, which would amend the Aeronautics Act; Bill C-15, which would assist in developing natural resources, in Nova Scotia in particular; Bill C-4, which would amend the Pilotage Act; and C-14, which would amend the Canada Post Act.

If time permits, we will also continue with our plan to tackle crime and strengthen security by debating Bill C-3, which would improve the security certificate process.

Next week will be “Honouring our Veterans Week”, allowing members to be in their ridings during this important time.

Today, I would like to recognize the member for Bruce—Grey—Owen Sound who worked hard to make it a reality.

When the House resumes, we will carry on with our very full legislative agenda for democratic reform.

Therefore, I am proud to inform the House that the theme for that week will be “Strengthening our Federation through Democratic Reform Week”.

On Wednesday, November 14, the government will discuss Bill C-6 concerning the visual identification of voters.

We will also be debating legislation that we put on notice last night to address the issue of verification of residence for rural voters.

We hope that the opposition parties will work with the government to pass these two bills quickly before a general election or byelections take place.

We will continue to work toward increasing voter turnout by debating our expanded voting opportunities bill in committee, which would increase the number of advance polling days.

We will also move forward with other parts of our agenda to modernize Canadian democracy.

By debating and passing these legislative initiatives, we will strengthen Canada's political institutions and enhance public confidence in the integrity and accountability of those institutions.

Finally, Tuesday, November 13, will be a supply day, and today we will resume debate on the opposition motion.

Aeronautics ActGovernment Orders

October 31st, 2007 / 5:30 p.m.
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Conservative

The Acting Speaker Conservative Royal Galipeau

It being 5:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

When Bill C-7 returns to the House, there will be eight minutes left for the hon. member for Nanaimo—Cowichan.

Aeronautics ActGovernment Orders

October 31st, 2007 / 5:15 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I want to thank the member for Burnaby—New Westminster for his tireless work on behalf of the safety of Canadians who use our air services and certainly the workers in the industry as well.

Too many times in this House we have seen legislation pass that we later had regrets about or legislation that had unintended consequences. Similar to Bill C-7, there is another piece of legislation that had some drastic unintended consequences and no government to date, either Conservative or Liberal, has seen fit to bring forward the changes that are required. I am talking specifically about Bill C-31 in 1985, a bill that attempted to recognize discrimination against first nations women in this country who married non-first nations men and lost their status and reinstate their status. That bill, in effect, has a second generation cutoff. This means that many first nations children, male and female, will lose their status. In fact, we are seeing grave inequities in families where some grandchildren have status and some do not.

There is a reserve in Canada where the last status first nation person has been born. That is a bill with unintended consequences. I cannot believe that in 1985 the legislators of the day actually developed a bill that ensured that first nations would lose their status after a couple of generations.

That is why it is extremely important for the House to consider all of the ramifications of Bill C-7. We are talking about a piece of legislation that will have far-reaching consequences. My understanding is that it will set the future of safety practices in this country, until another government sees fit to change the legislation.

Part of this bill specifically deals with the fact that we are, in effect, going to hand over safety oversight to the industry itself. That is similar to putting the fox in charge of the chicken coop.

It is extremely important that the federal government maintain its responsibility to Canadians so that Canadians have confidence in the safety of this industry. The federal government has a responsibility in terms of federal oversight.

The member for Burnaby—New Westminster mentioned that a number of expert witnesses have raised this issue. I want to refer to some of the very good words that he stated earlier this week in the House.

He said that despite the fact that the NDP brought forward very clear objections in this House, the Conservatives decided to push the bill through. He went on to talk about the fact that at the committee stage, major concerns and worries were brought forward by people who know the business better than anyone else.

Justice Virgil Moshansky, who ran the Dryden crash inquiry, brought forward major concerns with this bill. The inspectors from the Canadian Federal Pilots Association attended. Who knows safety better than the inspectors themselves? They talked about the attrition and downgrading of the key inspectors' roles in Canadian aviation.

One thing we know that can affect an outcome, even though one may not be forthcoming about that outcome, is to starve the system. When one does not invest in the human resources component of a government department and one does not have recruitment, training and retention strategies, one ensures there is a shortage. One of the arguments has been that because there is attrition among the inspectors, we need to offload inspection to the industry itself. That is a very shortsighted policy.

We have seen policy with unintended consequences in other government departments and in other areas where the government has a responsibility. A number of years ago, in the early 1990s I believe, there was a report that talked about the number of physicians who were graduating from universities. Half of that report was implemented, which has had some link to the serious shortage of physicians in today's world in health care, but the other half of the report, which talked about some of the other practices that were in place, was not implemented.

With respect to the aviation industry, the government has been starving the department in terms of investing in its human resources. We see this in fisheries as well. In my riding of Nanaimo—Cowichan, this year we have had historically the lowest return of chinook salmon ever, some 600 chinook, in the Cowichan River. Part of this is because of lack of investment in on the ground resources, in scientific and technical resources. It is an example of another department where the government is shirking its responsibility around federal oversight. We are seeing very direct effects in our community.

Aviation safety is not something that should be taken lightly. It is a life and death situation. Surely with any legislation that came forward that could impact on the safety of Canadians who are flying or on the workers, we would want to ensure that the appropriate resources were put in place so that the federal government could perform its responsibility in terms of federal oversight.

We are talking about transportation and the rail industry is another example of the consequences where the federal government is not involved in the way it should be. In British Columbia we have seen a number of derailments. There was a derailment about two kilometres from Golden in Kicking Horse Canyon where five cars went off the rail and spilled hydrochloric acid. My understanding is that one of the others cars contained sodium hydroxide. It was such a serious situation that one of the nearby schools had to be closed as a precautionary measure.

That is just one example in a long line of problems with railway safety in Canada. Part of that problem is directly related to the bill before us, in that the railway system has been self-managed. So we have an example in the transportation sector where we have abandoned our federal responsibility to a large extent and we are seeing the impact of self-management.

There has been a cutback in the very important role the public sector plays in watching over the transportation sector, a role which Canadians expect their government to play. When they fly or when they travel on the railway or live in a community where a rail line passes through, they expect that they and their community will be safe.

The member for Burnaby—New Westminster said in a speech:

In 2005 we saw the highest number of railway accidents in nearly a decade, much higher than the 10 year rolling average that existed before.

We have seen an increase in railway accidents. We have seen, tragically, deaths in the Fraser Canyon this summer. We have seen environmental damage such as the Cheakamus Lake in the Squamish Estuary and Lake Wabamun in Alberta. We have seen consistently a greater number of railway accidents over the last few years. This is a matter of some concern.

The New Democratic Party pushed hard for the release of the CN safety audit. It is important that Canadians have access to those kinds of audits so that there is transparency and accountability, particularly when oversight has been offloaded to the industry.

Canadians value their railway system and their aviation system and they want to make sure that those systems are safe. They do not want to see the kinds of situations we have seen in British Columbia. There have been spills that have killed the fish in the rivers in British Columbia. Certainly from coast to coast we value the health of our rivers. I just talked about fish and those kinds of spills impact on a valuable natural resource.

Another thing we talked about was shipbuilding, where we are again seeing the erosion of another piece of the transportation sector in this country.

We just saw a mini-budget update that threw around tax cuts. When we talk about small and medium sized businesses, those tax cuts are valuable, but when we are talking about investment in infrastructure and about the health, safety and viability of our transportation sector, we are not seeing the kinds of investments that would ensure those transportation sectors remain safe and viable and continue to move toward meeting the needs of the 21st century and our economy.

On Vancouver Island, we have a very good example of a railway that the federal government is ignoring. We have tried, on a number of occasions, to get the transport minister to take a look at the E&N Railway and at how it can impact on our community, but to date we have had very little success. Once again, we in British Columbia, on Vancouver Island in particular, feel that we do not seem to count in this federation.

I again applaud the member for Burnaby—New Westminster for raising these important issues in the House. He has suggested an amendment that would ensure that the aviation management system will meet the needs of all Canadians. He has made some suggestions around amendments. He has done a tremendous amount of work in bringing amendments forward to the committee. I would suggest that if we do not want to have those unintended consequences, we should go forward with those amendments as suggested.

Aeronautics ActGovernment Orders

October 31st, 2007 / 5:10 p.m.
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NDP

Judy Wasylycia-Leis NDP Winnipeg North, MB

Mr. Speaker, I am not sure there was a question there except the defence of the Liberals' actions today and this historical development of the second whipped abstention in the history of our country.

The member suggested that the Liberals had some positive feelings and some negative feelings about the government's mini budget, but they chose to sit on the fence. They chose to sit on their hands, and by that silence, they gave their approval to the Conservative budget, which in fact reduces the GST by another percentage point, which the member says they are so concerned about.

The cut to the GST will cost us about $6 billion, money which could have been used to help deal with airline safety, which is part of Bill C-7, money that could have been used to put in place a child care program, money that could have been used to help housing conditions on reserves, money that could have been used to do all the things the Liberals like to talk about, but never do anything about.

With respect to Bill C-7, I suggest that perhaps today would be a good day for Liberals to break this pattern of acquiescence and start to stand up for some principles and agree with us that the bill ought to be sent back for another six months of study.

Aeronautics ActGovernment Orders

October 31st, 2007 / 5:05 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, I rise on a point of order. Today we are debating Bill C-7, the Aeronautics Act, and the amendment to it by the NDP today. All I am hearing is throne speech type discourse in here. We need to get everybody back on track and debate the Aeronautics Act and the motion before us. We do not need to be going off on little tangents.

I ask, Mr. Speaker, that you do your job, as you always do so well, and hold everybody on topic.

Aeronautics ActGovernment Orders

October 31st, 2007 / 5:05 p.m.
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Liberal

Don Bell Liberal North Vancouver, BC

Mr. Speaker, in response to the comments made by the member for Winnipeg North with respect to Bill C-7 and the fiscal update today, all members in the House were elected to serve Canadians and to make government work, and in the case of Bill C-7, not delay improvements that will, in the opinion of the joint transportation committee, improve air safety. We Liberals clearly understand our role as the official opposition.

With respect to the fiscal update today, many of the financial update items were previously suggested by Liberals, such as corporate and personal income tax reductions. The fiscal update again reversed egregious previous increases to income tax at the lowest levels from 15% to 15.5%. The Conservatives are now taking it back to where it was previously. We are supportive of that.

Liberal members chose not to vote in support the update because of the GST reduction, which virtually all economists in the country says is wrong and is not the way to transfer the benefits that come from the surpluses back to Canadians. We do not want tax cuts and reversals to the original lower income tax rate of 15% to be lost.

I remind the NDP that it voted with the then opposition Conservatives, which ultimately resulted in the present Conservative government and the loss of many innovative and progressive Liberal government initiatives that contained important and positive social, environmental and economic legislation.

Aeronautics ActGovernment Orders

October 31st, 2007 / 4:50 p.m.
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NDP

Judy Wasylycia-Leis NDP Winnipeg North, MB

Absolutely, Mr. Speaker. I certainly am speaking to Bill C-7, reflecting on the phenomenon in this place where the Liberals and the Conservatives are in such close cahoots, appearing to be almost a quasi-coalition government. Nowhere is this more apparent than when it comes to Bill C-7, a bill that is supposed to be about protecting passengers when they fly across this land or around the world.

One cannot help but comment on the repeated occurrence of this phenomenon and question what we are here for and what the Liberals are doing if they are prepared to abdicate their responsibilities and not stand up for their principles. Maybe it is about political survival for the Liberals. Maybe it is about cowardice. In words that may sound familiar to members, the question that really needs to be asked is, is it cowardice or is it ideological symmetry?

With Bill C-7 we have evidence and proof that in fact those two parties are very close in their ideological perspectives, very similar in terms of how they address fundamental public issues of the day, because we are talking about an issue of fundamental importance in terms of public policy in the public interest.

Our job here is to ensure the safety of Canadians wherever they fly in this country, yet we have identified with this bill some serious flaws, some very serious problems that need to be addressed.

My colleague, the member for Burnaby—New Westminster, has been working on this legislation constantly for many months. He knows this bill inside and out and is prepared to recommend to this House that we send it back for further study and amendment.

That does not demean the work that has been done on the bill to date. That does not suggest that the whole committee was wrong in its approach, but it does indicate that just because Liberals and Conservatives voted together on this bill, does it make it right? Does it make it good public policy? No.

I can think of all kinds of examples where the Liberals and the Conservatives have colluded. I can think of the finance committee last session when in fact we tried to get the government to address the question of banks gouging consumers through ATM fees. We tried to pass a simple motion to have the banks at least come clean with their records and account to Canadians how they charged fees, on what basis they charged fees, and how much profit they were making.

A motion was put before the finance committee demanding that the banks simply provide that information, nothing more. That was after we had tried to get the government to take some firm action with respect to bank fees, but the government refused. The Minister of Finance did his big song and dance and ended up wimping out after a discussion with the big banks.

What did the Liberals do when we asked for information, when we put forward a motion simply asking that the banks give us the information? They voted against that motion. They sided with the Conservatives. We could not tell the difference between the two parties. They were standing up for big banks. They were not standing up for ordinary consumers. They did nothing for all the students, seniors and low income people of this land who are being gouged daily by the fees that are set by banks. They did nothing.

That is an abdication of responsibility and we witnessed that again today. On black Wednesday, if you will, on October 31, 2007, the Liberals sat in their places and allowed the Conservatives' mini-budget to go through, which in fact eliminates the possibility of narrowing the prosperity gap in this country, of providing some supports to working families, and helping ordinary Canadians deal with the growing economic pressures in their lives.

That is the issue we are dealing with today. Bill C-7 is the perfect example of that kind of abdication of responsibility and collusion between the Liberals and the Conservatives.

The bill is still flawed. If the members across the way do not accept that, then maybe Canadians need to be reminded just who is speaking out on their behalf. The New Democrats are not about to sit down and let a bill go through that could be potentially dangerous to Canadians. We cannot not live with that kind of scenario and we will do everything we can to slow down the bill.

The Conservatives had a chance. When they prorogued the House, all bills died. They had a chance this time around to think twice, to reflect on what they had done and to decide not to bring back this old bill with a new number without any changes. They could have addressed the concerns of many organizations, and I want to just reference a few of them.

Let me start with the Canadian Federal Pilots Association. I would think that pilots, of any group in our society, should be taken seriously when we talk about airline safety. In fact, the Canadian Federal Pilots Association still is very concerned about the bill. Should we not take that seriously? Surely pilots know safety better than the inspectors themselves.

Should we not look at the fact that there has been a downgrading of the role of independent inspection? Should we not look at the self-regulating aspects of the legislation? Is that not enough to cause worry? If in fact we delegate authority that belongs in this place and with the Government of Canada to the industry itself, are we not asking for trouble? Are we not creating the potential for danger and harm to our citizens?

Surely it is incumbent upon us to practise the do no harm principle in every way we can. Every piece of legislation that deals with human safety and with the public interest should have that principle at its core. Whether we talk about food and regulation of safety of the food from an independent source, or about drugs and medications that people need, or about toys and other products, should our government of the day not stand up and say there must be an independent inspection force because we want to ensure that every product on the market and every public transportation means available to Canadians must be safe beyond a reasonable doubt?

However, the bill continues to move in the direction of a safety management system, or SMS as has been used repeatedly through this debate, where we have delegated responsibility away from government and to the industry itself. That on its own should be enough reason to send the bill back for further study and some changes.

It is not only the pilots association that has expressed concern about the bill. I want to reference, as my Liberal colleagues have, the labour movement.

The labour movement has been one of the most outspoken opponents of the bill. I think specifically of the Canadian Union of Public Employees, which represents many of the workers on our airlines who know the issues first-hand. We know in fact that CUPE has continued to raise concerns about the bill. It is raising those concerns as we speak.

My colleague, the member for Burnaby—New Westminster, has informed us of meetings that took place as recent as a week ago between CUPE and a senator around this issue and this bill.

Therefore, the concerns are alive and well. They are not a figment of our imagination. This is not a distortion for political purposes. This is a group of MPs in the House of Commons trying to get the best legislation possible. When it is as flawed as we believe it is, and that is verified by numerous sources and objective analysts from all walks of life in our society, then we have to do something about it.

There is not only concern about the whole question of regulation. Let us put this in the context of the last decade or so where we have seen, first Liberals and then Conservatives do everything possible to deregulate, privatize, outsource, offload and cutback every possible area in terms of the public interest, all in the interest of making profits more lucrative for the private sector.

This is precisely what is being questioned here today. Are we putting people's safety at risk in order to ensure greater profits for a private airline industry? If we cannot answer that and say there is no way people's lives will be put at risk in the name of bigger profit, then we cannot support the bill. No one in this place should support a bill if they cannot answer that question and know for certain that no one's life, health and safety will be put at risk.

There have been too many incidents in the last while around airline safety to not ask that question. Look at Jetsgo. My colleague from Burnaby—New Westminster has raised this issue on numerous occasions. Look at the recent issue of planes almost colliding at Heathrow Airport recently.

This is an issue of paramount importance. Airline travel happens on such a regular basis in our country and around the world. We must ensure every possible means of safety are at hand when it comes to regulation in this whole field.

We are asking Parliament, and everyone in the House does not have to agree that the bill is bad, to agree with us that there are enough concerns that we ought to send the bill back for one more look and possible further amendments. This is all we are asking today.

Surely a six month delay is worth it. Surely we have that much time to ensure we have taken every measure against some future disastrous happening, some awful aviation disaster. Surely we owe that much to the citizens of this land. After all, is that not the purpose of us being here? Is it not our role to apply the do no harm principle at every step of the way, to not allow products on to the market or airline regulations to be put in place that forsake that principle? This is truly an abdication of responsibility and a dereliction of duty.

On this fateful day, we seem to have lost the minority government that Canadians elected. Gone is the Conservative minority government because of the Liberals, who decided to sit on their hands and allow the Conservative government to put through a ways and means motion, which in effect takes billions of dollars out of the future of this land and puts it into the pockets of big corporations and big business interests in this country.

We had a golden opportunity today with respect to the budget and with respect to Bill C-7, the bill on airline safety, to put the interests of Canadians first, and Parliament blew it. The Liberals sided with the Conservatives and allowed this to happen. They allowed $190 billion in fiscal capacity to be lost, money that could have been spent to ensure proper airline safety, money that could have been spent to ensure a quality child care program, money that could have been spent to address environmental concerns, money that could have dealt with the absolutely embarrassing conditions in first nations communities, money that could have been used to help ensure proper housing for the homeless and those people who live in despicable living quarters, money that could have been used to address $100 billion infrastructure deficit and money that could have been used to build a future for our country.

Aeronautics ActGovernment Orders

October 31st, 2007 / 4:50 p.m.
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NDP

Judy Wasylycia-Leis NDP Winnipeg North, MB

Mr. Speaker, I am on topic because, in fact, we are talking about another scary proposition, a bill going through that puts at risk the safety of airline passengers. This is another example of just how much those two parties have in common. It is interesting. We are discussing a bill that had its origins with the Liberals when they were in power in 2005, a bill that has been reintroduced by the Conservatives with a few changes.

I want to acknowledge for the members opposite, especially the Liberals who have risen in their places in such a defensive manner, to say yes, some amendments were made to this bill that were important, but those were not enough. The bill is still flawed. We still have serious reservations with this bill. That is why the New Democrats introduced the hoist motion today.

For those who are just tuning in to this moment in the history of this place, let us be clear about what has happened. My colleagues, the member for Windsor West and the critic, the member for Burnaby—New Westminster, have moved a hoist motion. If that motion passes, and I hope the Liberals are thinking about this carefully, we can delay this bill for six months. This which would give us an opportunity to address the bill's weaknesses, to hear from the organizations that are still very concerned about this bill, to take a moment to pause and reflect on our role in this place to ensure that the public interest is protected above all else. Otherwise, what are we doing here?

We have an opportunity to ensure that the House of Commons reflects the concerns of Canadians and does its job, where we all do our jobs, where we stand in our places and try to come up with the best legislation possible.

It just so happens, by many objective accounts, that this bill is flawed. Bill C-7 is flawed. In fact, it can truthfully be described as the unsafe skies act. There is no question that there are problems with this legislation. It is incumbent upon each and every one of us to do our jobs in this place. We must not sit on our hands and let something happen because we do not have the courage of our convictions.

My goodness, what did the Liberals really do today? They say they believe in defending the environment and putting money into programs to stop greenhouse gas emissions and global warming. What did they do? They sat in their places today and allowed a budget to go through that does not offer a single penny to deal with the problems that are facing our planet.

There is a party that likes to talk about standing up for the children of this land and for parents who need good quality child care, but there was not a penny in the mini-budget for child care. What did the Liberals do? They sat in their places and allowed the Conservative government's ways and means motion to go through. It actually wastes billions of dollars of fiscal capacity in tax breaks for corporations and does nothing--

Aeronautics ActGovernment Orders

October 31st, 2007 / 4:40 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I am pleased to have an opportunity just to question the member and make a comment. I appreciate actually that the former member who spoke pointed out that there is only one member from the NDP on the committee, and in fact on any committee.

I think it shows really what a remarkable job one member from the NDP does, stacked up against all the others, in bringing forward the real public interest on a bill such as this, Bill C-7.

I thank the member for pointing that out because I must say that our member on that committee at the time, the member for Burnaby—New Westminster, has really done an incredible job of going through the bill with a fine-tooth comb and highlighting the significant concerns.

It is very interesting to me to hear the Liberal members say that they think that the public interest has been met around safety concerns and that all of these arguments have been taken into account. When we read the bill with its amendments, we see what is still lacking in terms of, for example, immunity from prosecution for airlines that violate safety rules under certain conditions, and one has to be very alarmed.

Frankly, I am very surprised that members of the Liberal Party would now be supporting the bill. We know that they were the ones who actually brought it forward in the first place when they were the government. I think there is a huge concern about how we are chipping away at public safety. This is part of a political environment adopted by the Liberals and now by the Conservative government of deregulation, of privatization, and this has been very evident in the airline industry.

I have to ask the member, why does he believe that there is a rationalization and acceptability that there would be immunity from prosecution from airlines and that there would be greater power conferred on the minister? This clearly is not in the public interest, so how does he explain his position on this?

Aeronautics ActGovernment Orders

October 31st, 2007 / 4:35 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, I want to thank the member for North Vancouver for giving us a balanced view of what happened in this committee because the integrity of committee members was assailed by members of the NDP. They had one member present who went along with every single issue and amendment. We brought in witnesses, experts, union representatives, and employer and employee groups. The member for North Vancouver was there to listen to all of this and to formulate his own views about what happened.

Is it his opinion that all of the amendments that are now incorporated in Bill C-7 are part and parcel of the public input in a bill that is supposed to and does reflect the public interest? If his answer to that is positive, is he not shocked that members of the NDP, none of whom were actually present at this hearing, would characterize this as something completely different and alien from what transpired? Does he not think that that is an insult and contemptuous of the House of Commons and the members who worked diligently to achieve such legislation?

Aeronautics ActGovernment Orders

October 31st, 2007 / 4:35 p.m.
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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, I used to work for CN 30-some years ago and I have seen quite a change in what I would consider the level of rail safety that has been deemed acceptable, and I am not quite as excited about those changes.

In fact, just removing the cabooses for the electronic light that was put on the back has taken people out of that particular venue of safety of watching what are known as hot boxes, and I am sure the member understands what that is.

However, coming back to Bill C-7, SMS is something like the fox watching the chickens because the hon. member is saying that the industry will be able to monitor itself and decide what risk is acceptable. I spoke on Bill C-6 in this House and every time members of this place get on board a plane they had better start thinking twice because this is a significant degradation of the safety of our airlines.

Aeronautics ActGovernment Orders

October 31st, 2007 / 4:25 p.m.
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Liberal

Don Bell Liberal North Vancouver, BC

Mr. Speaker, the common theme with all the witnesses who appeared before the standing committee was the concern that the safety management systems, the SMS, would be replacing regulatory oversight. Liberal members on the committee shared the concerns of the witnesses on the SMS and worked with members of the committee to ensure that management systems would not replace regulatory oversight and that the management systems would be just an extra layer of protection.

In addition, the Liberals listened to the witnesses' concerns on the possible reduction of aviation inspectors with the implementation of this management system. If Transport Canada was going to essentially diminish the role of the inspectorate or eliminate it altogether, Liberals would not support the bill.

Judge Virgil Moshansky, commissioner of the inquiry into the Air Ontario jetliner crash at Dryden, stressed the importance of the role of the inspectorate and the consequences that could occur if regulatory oversight is replaced.

Presently, it is my understanding from department officials and going through the bill clause by clause and adding amendments that the management systems, the SMS, will not replace the role of the inspectorate or eliminate it altogether.

Clearly, the committee had a sufficient airing of issues surrounding what was in Bill C-6, now Bill C-7. We did our work.

As the official opposition transport critic, the member for Eglinton—Lawrence, offered yesterday in the House, we would be pleased to see a motion from the government requesting unanimous consent to have Bill C-7 passed at third reading today and such a motion would have my support.

As the opposition critic for the Pacific Gateway, which incidentally was also a Liberal idea that has been rebranded in blue by the current government, it has even used the same minister, I can speak to the urgency with which we as legislators must act when we commit to making such sweeping regulatory changes to any part of Canada's vast transportation modes and network, be they rail, port systems, or aeronautics, as found in Bill C-7.

While the benefits of robust measures to ensure public safety in all modes of transportation are obvious, the economic benefits that can be reaped by a streamlined and effective transportation system, with public safety as an absolutely essential component, cannot be ignored.

In the case of the Pacific Gateway, our competitors in the U.S. and Mexico are not waiting for Canada to get our house in order on transportation safety and infrastructure issues before expanding operations.

Embracing the unprecedented economic opportunities for Canada and the Asia-Pacific are not served by a prorogation of Parliament, which effectively slams the brakes on important transportation initiatives such as Bill C-7.

To repeat a point I made earlier, Bill C-7 sought to establish safety management systems that, generally speaking, establish voluntary reporting measures for employees and front line workers to report safety concerns to superiors in upper management.

Following the hearings, those witnesses expressed concerns that a system such as SMS should not completely replace ministerial oversight but instead serve as an additional layer of accountability, and amendments to this effect were accepted and became part of what is today Bill C-7.

This is an example of why I was insistent on such changes because they relate similarly to an issue that I have embraced, rail safety in Canada. The issues and concerns that have arisen in my home province in recent years following the sale of B.C. Rail to CN have brought to light many rail safety concerns.

Following a motion that I tabled at committee that was coincidentally passed exactly one year ago today, our committee began an extensive study on rail safety in Canada. It led to the minister announcing a special panel review of the Railway Safety Act. I testified before that panel in Vancouver. Unfortunately, prorogation of Parliament has delayed, but hopefully not stopped, our committee's report on rail safety.

In regard to rail safety, the Conservatives have not been open and accountable to Canadians. The Conservative Minister of Transport sat on results from a Transport Canada audit of CN for over a year. Previous Liberal transport minister Jean Lapierre, who had ordered the audits, had promised to make the findings public once the audits were completed. Under the Conservative government it was not until access to information requests and pressure from the committee compelled the government to quietly release the audit findings on its website with no fanfare, media advisory, or press releases.

Amending Bill C-7, the Aeronautics Act, relates to the rail safety issue. As in the case of rail, there is clear evidence of the need for an additional layer of safety reporting that ministerial oversight provides. In the case of rail safety, some examples of needed ministerial oversight include safety audits at CN which were ordered by the minister and conducted by Transport Canada, which brought to light many important concerns and section 31 ministerial orders that compel operators to comply.

In the case of rail, a system of SMS relying solely on employee reporting would prove problematic, as in the case of CN, because Transport Canada's audits as was revealed, there is a reluctance among employees to speak out on some safety issues for a variety of reasons.

Bill C-7, as reported back to the House last spring by our committee as Bill C-6, represents a balanced compromise, one that took into account a wide array of opinions from key stakeholders and cast partisanship aside in the name of public safety and ensuring a robust and successful aeronautics industry in Canada.

I encourage members to do the work Canadians sent us here to do in this minority Parliament and finally finish the work on this bill, so we can move on to other important issues that require our attention as parliamentarians.

Aeronautics ActGovernment Orders

October 31st, 2007 / 4:20 p.m.
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Liberal

Don Bell Liberal North Vancouver, BC

Mr. Speaker, I rise today as a member of the transport, infrastructure and communities committee to speak in support of Bill C-7, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts.

This was formerly known as Bill C-6 and Bill C-62 before that. It was previously worked on by the transport, infrastructure and communities committee. I am pleased it was brought back to the House and that our extensive efforts at committee were not wasted.

The bill deals with integrated safety management systems, SMS for short. It also authorizes the designation of industry bodies to certified persons undertaking certain aeronautical activities. Other powers are enhanced or added to improve the proper administration of the act, in particular powers granted to certain members of the Canadian Forces to investigate aviation accidents involving both civilians and a military aircraft or aeronautical facility. This enactment is a proactive measure to assist in preventing airplane accidents from occurring.

Bill C-7 is yet another example of Liberal legislation from previous parliaments being brought forward by the Conservatives, albeit with a new name and minor cosmetic changes. Under the previous Liberal government, Bill C-62 began the dialogue on the issues that eventually became Bill C-6 and now Bill C-7.

The transport committee worked well on this bill. I commend our committee chair, the member for Brandon—Souris , for his excellent work as a chair who facilitated an open and generally positive exchange of ideas in the committee. I suspect the member for Brandon—Souris was not one of the Conservative committee chairs given the secret committee guide book on obstructing and controlling committee proceedings, as our committee was an example of how a minority Parliament should work, and that is what Canadians expect of their elected representatives.

The opposition's approach at the committee table was clear from day one. Public safety was and is our number one concern, not partisan politics as we have seen permeate so much of the government's manoeuvring in the 38th and now the 39th Parliament.

In Canada today there are numerous safety issues that require examination in all modes of transportation in Canada, namely the aeronautics safety measures such as those in Bill C-7, rail safety, port security and safety and marine shipping to name a few.

An issue that gets little attention is the manner in which the Conservative government reorganized the committees after forming a minority government last year. Under previous Liberal governments, the House of Commons had a single committee devoted to transport issues, the Standing Committee on Transport, providing a clear and manageable focus for the committee. Following the 2005-06 election and for reasons that have yet to be explained, the government decided to lump several key areas together in one committee, namely what we have now, the Standing Committee on Transport, Infrastructure and Communities.

Clearly there are numerous transport issues today in Canada that should be reviewed by parliamentarians. However, the government decided that transport issues should receive only one-third of the attention of the committee as they ever have before.

Coming from a municipal background, I can also speak to the importance of infrastructure needs in our cities and communities. To suggest that urgent issues such as the looming municipal infrastructure crisis deserves only one-third of parliamentary committee time shows that the government is seriously out of touch with the needs of our cities.

One only needs to look at the comments of the Federation of Canadian Municipalities on this week's economic statement to see the manner in which the Prime Minister has left municipalities and cities in the lurch.

Gordon Steeves, president of the Federation of Canadian Municipalities stated in a press release dated October 30:

The government has so far failed to tackle this [municipal infrastructure] deficit, one of the most critical issues facing Canada's cities and communities, with a long-term plan and commitment.

He said further:

Today's actions by the government leave this [municipal infrastructure] deficit untouched and continuing to grow, and the longer we fail to tackle it, the greater the cost when we finally do.

Despite the cooperative spirit and hard work done by all members of the committee, it was unfortunate that the bill died on the order paper following the Prime Minister's decision to prorogue and hence delay resuming Parliament in order to ultimately force confidence votes on the opposition apparently in the hope of forcing another federal election, which Canadians do not want.

It is a shame that we are double billing Canadian taxpayers for work already completed. Instead, we should be moving on to other new issues, such as the renewal and strengthening of Canada's Railway Safety Act, merely an example.

The transport, infrastructure and communities committee performed due diligence on the bill. We heard from many key witnesses, as stakeholders, such as the Air Line Pilots Association, Transport 2000 Canada, Union of Canadian Transport Employees, Transportation Safety Board of Canada, Aerospace Industries Association of Canada, Air Canada Pilots Association, Canadian Federal Pilots Association, Helicopter Association of Canada, Teamsters Canada, Canadian Business Aviation Association, Air Transport Association of Canada, Canadian Airports Council, International Civil Aviation Organization, DaxAir Inc., Air Canada, Canadian Union of Public Employees, National Defence officials and Transport Canada officials.

The common theme with all of the witnesses who appeared before the committee—