moved that Bill C-459, An Act respecting the rights of air passengers, be read the second time and referred to a committee.
Mr. Speaker, I am very pleased to commence debate on my private member’s bill—Bill C-459, An Act respecting the rights of air passengers.
The important thing to mention is that there is nothing new here. This is not the first time that a private member’s bill of this kind has been introduced. In the second session of the 40th Parliament, there was an attempt to pass a bill that was somewhat similar to this one in certain respects.
At the time, the bill had been aborted clumsily following the release of the fourth report of the Standing Committee on Transport, Infrastructure and Communities. Most of the Conservative members made the patently irresponsible mistake of deciding not to pursue study of the bill, for a reason that made no sense. They had understood that the act was an attempt to assign air carriers a nonexistent responsibility.
I must admit that I was surprised to learn why the study was abandoned and the process leading up to it. I was dumbfounded and could simply not understand it. I asked myself how members of the committee that is basically responsible for adding certain details or simply some clarity to a number of sections could possibly have failed in their duty by ruling so arbitrarily on the matter without any further justifications.
On the one hand, I am convinced that the House will view this bill as a second opportunity to correct a past mistake and to rapidly approve a good, more exhaustive and more precise act. On the other hand, if it should prove necessary to refer it to a committee, then the committee should at least do a serious and non-partisan analysis of it. This committee strikes me as far better prepared and more aware of issues surrounding respect for consumers.
My view is that the improvements made to this bill emphasize passenger rights and create conditions favourable to an approach that makes everyone in the relationship a winner, both passengers and carriers. We have placed a clear emphasis on eliminating poor business practices, such as deliberate overbooking.
We are trying to make the Government of Canada understand that it can no longer remain so isolated and insensitive to responsible business practices. Such practices often result in customer loyalty. Customers appreciate being shown respect, and treated fairly and transparently.
An approach in which everyone wins is clearly a better idea. The improvements and added clarity in this new version of the bill eliminate any ambiguity in situations where it is obvious that responsibility ought to rest with the air carriers. The bill specifically states that weather events are not the fault of the carrier.
That is also the case when one of the government agencies decides to ground a plane and prevent it from taking off because there is an identifiable danger to passenger safety.
These agencies also have improved operational processes and adhere strictly to a set of regulations they are required to follow by law. What we want to tackle is the dishonesty on the part of a carrier that deliberately, for its own benefit, exploits the practice of overbooking or invents false weather conditions.
Overbooking often results from poor risk assessments. To put it clearly, this is what happens when a carrier sells seats it does not have, and charges its customers for them, over a period of several weeks. To put it even more clearly, after assigning a plane with a capacity of 200 seats to a particular route, it sells 210 tickets. After assessing the risk of no shows, as they are called in the business, it can expect that a maximum of 195 passengers will ultimately come to the counter. In that case, it can be said to have assessed its risk properly, and so it is not in danger of any constraint under this bill.
This practice has become so common that mistakes and miscalculations by managers are in fact commonplace. The situation then becomes unacceptable when all 210 passengers do show.
Disinformation is rare, but it does happen; the goal is to conceal the real cause of a delay or cancellation. The carrier does not want to admit that a mistake was made and uses every means necessary to try not to look like it is at fault.
What the bill seeks to do is hold the carrier accountable so that it will deal with the situation transparently and offer to refund the value of the ticket to passengers who are adversely affected, in addition to compensation for the inconvenience, and do so proactively and with full acknowledgement of its mistake. The carrier must formally undertake to offer rerouting at no extra cost, and with compensation, if it knows that another flight has seats available for the same destination.
Offering rerouting often involves a lengthy wait. Depending on how long the passenger will have to wait, refreshments, meals, accommodation, transportation and calling cards are provided for as additional compensation.
This bill is also a step forward toward international standardization. It will put Canada in the vanguard, or at least enable it to catch up in comparison to existing legislation in this area.
In Europe, there has been similar legislation since 2004 and some Canadian carriers are required to abide by it. There is legislation in Asia, particularly in the Philippines. And more recently, in December, our American neighbours enacted an equivalent law.
If the previous version of this bill had been passed in 2009, Canada would not be lagging behind and would not be seen as a follower, even though the headquarters of the International Civil Aviation Organization is in Canada.
Right now, we have the opportunity to quickly pass this good bill and to give our hon. colleagues a chance to fix their past mistakes. We can be sure that this initiative will have tangible benefits for passengers and will also have a positive economic impact on the air carriers.
In closing, I ask all members in the House to consider this bill. I urge them to support this initiative that is widely supported by the public.