Bill C-52

Enhancing Transparency and Accountability in the Transportation System Act

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

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

Enhancing Transparency and Accountability in the Transportation System Act

[Rachel Blaney, NDP, North Island—Powell River, BC]

Madam Speaker, in 2018-19, the Standing Committee on Transport, Infrastructure and Communities undertook a study on the impact of aircraft noise within the vicinity of major Canadian airports.

One of the recommendations was to implement public noise consultation committees, which this bill would implement. We know that community groups have expressed concerns that these committees would be a hollow gesture. There is nothing that would guarantee their ability to be heard or that public input would be implemented moving forward.

Could the member talk about why this is important? How important is it for us to look at this bill at committee to change some of those things so the people's voices can be heard?

[Ted Falk, Conservative, Provencher, MB]

Madam Speaker, the member's question is a great question. “Noise abatement” is the term commonly used in the aviation industry. I have first-hand experience in that industry, being a pilot myself.

Just this past summer, I completed my instrument rating. I can talk a bit about Nav Canada and how great the folks were at the Nav Canada office in Winnipeg while I took my flight test. They were a little short-staffed, and they allowed me to complete the approaches necessary to fulfill my licence requirements. I want to thank the good folks at Nav Canada in Winnipeg.

In answer to her question, for those of us who are not necessarily fascinated with aviation, other than it being an opportunity to travel from one destination to the next, some people may wonder why, when a jet aircraft in particular takes off, it does certain things. It will change course, climb to a certain altitude and reduce power. I know some people think that is an engine problem, but it is not. It is noise abatement. They are flying over a built-up or residential area and want to reduce the noise level for the folks on the ground.

I think the aviation industry is very conscious of that. Perhaps it needs to dig further into that subject. It is something I think it is addressing, but we can always do better.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Madam Speaker, we know that this bill deals with standards for air carriers and airport authorities. The bill also provides for the production of reports to the minister or the department. There is also an accountability objective. The bill gives the minister a lot of latitude.

This bill may be worthwhile, but what about airport maintenance? Take the Val‑d'Or airport for example. For a year now there have been calls to resurface the 10,000-foot runway and replace the runway lights. What is happening?

The government is not helping the airports, including the one in Val‑d'Or.

I would like my colleague's thoughts on that.

[Ted Falk, Conservative, Provencher, MB]

Madam Speaker, I think we need to have a Canadian airport strategy. We need to be working, through our infrastructure department, to have a trade corridor that would include upgrading our airports to facilitate international trade.

We talked about a free trade agreement with Ukraine yesterday. We have around 50 active trade agreements with other countries, and we need to build on those. We can do that by investing money in our airports to accommodate that.

[John McKay, Liberal, Scarborough—Guildwood, ON]

Madam Speaker, I will say at the outset that I will be splitting my time with the member for Vaughan—Woodbridge, who has some expertise in this subject.

I make no claim to expertise. I am a mere consumer of transportation services, just like pretty well everyone else in the chamber. I would say a lot of us consume a lot of transportation services on a weekly basis because of the requirements of this particular job. I am coming at it from that standpoint.

Before I get to that point, I just want to make a distinction between the passage of a bill and the creation of regulations. When we pass a bill in this chamber, we are essentially setting up the legal framework to be able to promulgate regulations. If we do not have that legal framework, then we will not be able to proclaim any regulations. It is not as if anyone in this chamber actually has any expertise on, say, noise abatement, which was discussed earlier; when baggage should arrive; what the proper standard is for flights to be on time, or not, as the case may be; or the various other irritants that go with travel in this country, which is quite frustrating at times.

This legislation would set up the authority, and the regulations would put meat on the bones. After some period of time, members could initiate inquiries into the quality of the regulations through the scrutiny of regulations committee, which is a jointly chaired committee of the Senate and the House. It is not a very popular committee because it deals with exceedingly boring stuff, but there are certain members who are keen on exceedingly boring stuff.

I want to talk about three things, if I may: service standards, security and competition. I have been switching airlines. I have the good fortune of living in the GTA. Therefore, I do have some choice, which is unlike some members who have no choice. I have a strange idea in how I should make my choice.

My choices should be, number one, for the airplane to fly on time. I know that is a novel ideal to fly the airplane on time, but that is probably going to get me to choose that airline. The second standard I have is to not lose my baggage. Lately I have noticed that people do not put their baggage in. They carry it on, and I dare say that is largely driven by the fact that a lot of baggage is getting lost. I have a third rule, and that is to not treat me badly. Those are the three rules that I have for any airline I use: fly the airplane on time, do not lose my bag and do not treat me badly. I think that is pretty fair. After all, I am paying, or somebody else is paying, a pretty significant sum of money for me to fly to my destination.

In that vein, BillC-52 would bring in an accountability mechanism by permitting the creation of regulations requiring airports and other operators within airports to create service standards for their part of the passenger journey. I do not see what is so complicated about that. Over the course of today's debate, hon. members have shared their experiences, many of which are actually quite negative, so this is a timely bill. We could make the argument that it should have been put forward earlier, and so should a lot of things have been done earlier

However, here we are trying to deal with the creation of a legal framework so that the complaints I just enumerated can be dealt with in an organized fashion. That is the point of this bill. Examples include how long it should typically take for a bag to arrive on the carousel. I have no expertise on that. Maybe other members do, but I do not know how long it should take for a bag to get off the airplane and onto the carousel. This bill, through its regulations, would create some standards. When a bag is lost, and we have all been in airports where there are stacks and stacks of bags, there should be some standards to which the airline is held.

The second part of the standards would create an enforcement mechanism. Currently, enforcement mechanisms are pretty grim. My family was flying to Europe and their connecting flight was through Montreal. That flight was late, they missed the connected flight and they had to do a day in Montreal. It was not a burden, really, but the application just to get compensation required the services of a Bay Street lawyer. Anything to make that process a little easier would be good.

Part of what the bill could do, which I hope to see in the course of its review before committee, is look at the security arrangements at the entry into the airport. There is a delusion, I would say, that redundancy creates security. However, all redundancy creates is redundancy and time wasting.

It was exemplified to me that there was no risk analysis when the former minister of public safety, Ralph Goodale, was taken out of the line for a special security examination. I do not know what Mr. Goodale's security clearance was at the time, but I daresay it was about as high as high gets in this country. Why would someone looking at the passport of a minister of the Crown who has the highest security clearance want to take him out of the line for a special security clearance? That is the height of absurdity, and I daresay it is the height of absurdity for many of us. Why are NEXUS cardholders put through checks that are similar to those of the people who do not have a NEXUS card? After all, we have been checked by the RCMP and checked by the CIA. It just seems to me that no thinking goes on with security.

Finally, I want to deal with the issue of competition. My hon. friend from Winnipeg North, who members seem to be quite fond of listening to, made the comment that competition would start to eliminate some of these absurdities and get better service standards. Interestingly, WestJet has pulled back from eastern Canada, for reasons I do not really know. Porter, on the other hand, has expanded into international flights and many other locations outside of Toronto.

It is an interesting area. I encourage members to give the committee a chance to do its work and to pass this piece of legislation so that the frustrations that I and other members have enumerated can be dealt with.

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

Madam Speaker, I appreciate my colleague's explanation of how the framework of the legislation allows the committee to have other potential amendments brought forward to improve it.

I have a concern with respect to the members of the opposition party across the way. They seem to be critical of the legislation for not being specific enough and falling short, and even though they seem to support many aspects of it, they are still going to vote against it as opposed to allowing it to go to committee at some point.

Given the very serious nature of what the member talked about, could he provide his thoughts as to why it is so important to pass the legislation?

[John McKay, Liberal, Scarborough—Guildwood, ON]

Madam Speaker, let me put it this way. If we do not pass this legislation, the complaints we already have, which are in abundance in this chamber alone, will only multiply and the frustration will go forward.

Frankly, I do not know whether the analysis we hear particularly from our Conservative friends is a failure to understand the process or there is something else to it. I would never want to attribute improper motives to colleagues across the way who might have different political agendas than that of the government.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I emphasize the importance of the fact that we are not just talking about airlines such as Air Canada, WestJet and Porter. The legislation also incorporates airports and airport authorities, and, as one example, the diversity of boards.

I wonder if the member could provide his thoughts on the changes to compel more diversity among airport authorities and on the benefits to the consumer.

[John McKay, Liberal, Scarborough—Guildwood, ON]

Madam Speaker, it should be an operating principle that the board reflects the travelling public. How we achieve that I am not quite sure. My preference would be a less onerous way of going about it, but there is no doubt the principle should be that the board looks like the travelling public so that all perspectives can be brought to bear when decisions need to be made.

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

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

Before I begin my question, I want to give a shout-out to Antonio and Seraphina Spada, who will be celebrating their 70th anniversary in Kamloops—Thompson—Cariboo. They are key members of the Italian community. I wish them all the best. I wish they were here to tell us their secret for making it to 70 years. Happy anniversary to Antonio and Seraphina.

My question for my hon. colleague is this. The Liberals have bungled transport from day one, it feels like, with delay after delay, whether at Pearson or in transport in general. Why now should we be relying on them to do anything good, when at the end of the day, they have messed up this portfolio so markedly?

[John McKay, Liberal, Scarborough—Guildwood, ON]

Madam Speaker, first of all, I congratulate those folks who made it to 70 years. That is quite impressive.

The hon. member has a contradiction in his question. Here is legislation that would deal with the so-called bungling, which I disagree with profoundly, and he is going to vote against it. He apparently prefers that the current state of affairs in Canada's airports continues. I assume that he, as I do, consumes a lot of travelling services and knows that the state of Canada's airports is not the best. Here he has a chance to do something about it and he is blowing it.

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Madam Speaker, it is always an honour and a pleasure to rise in this House.

As my hon. colleague, the member for Scarborough—Guildwood, said, I have the privilege of chairing the Liberal caucus that addresses our relationship with the Greater Toronto Airports Authority, the GTAA. We call it the airline caucus or the airports caucus. I am very happy to speak to Bill C-52, an act to enact the air transportation accountability act and to amend the CTA and the CMA.

As many of us who live in the greater Toronto area know, whether we live in Mississauga, Vaughan, northwest Toronto, the Etobicoke area or High Park, there is an immense amount of airline traffic. That applies to Brampton, Caledon, Kleinburg and other areas. We hear quite significantly from our constituents about aircraft noise, aircraft routes, changes in aircraft routes brought on by Nav Canada and the subsequent refurbishment of runways at the GTAA and the Toronto Pearson airport, which impact people's daily lives.

It is really great to see that in Bill C-52, we would establish “requirements in respect of noise management committees” and would set out “notice and consultation requirements relating to aircraft noise”. We would provide “a process by which to make complaints respecting notice and consultation requirements in relation to aircraft noise”. That means for constituents who go to the Pearson airport or other airports across Canada, we would have a formalized process for complaints respecting notice and consultation requirements in relation to aircraft noise. We would also provide for “an administration and enforcement mechanism that includes an administrative monetary penalty framework”. This is just another way we are responding to consumers.

Before I make my formal remarks, I will say that it is so great to go back to our constituents and say that we have listened to them, we want a consultative process that works and we are going to have a consultative process. The bill would create a formal process for notifying and consulting the public on changes to airspace designs that affect aircraft noise near airports to ensure that communities that would potentially be affected by such changes can be engaged. That engagement and the consultation process are so important.

Now I will get to my formal remarks.

I am pleased to have the opportunity to speak to Bill C‑52, the enhancing transparency and accountability in the transportation system act, which offers concrete measures to address a number of concerns that were raised about the accountability and transparency of operators across the sector.

I think we can all agree on the importance of having the efficient, accessible, accountable transportation system Canadians deserve. That includes making sure that Canadians have access to a system in which operators are transparent and accountable to stakeholders, users and passengers.

As we all know, air travel has reopened to Canadians since the pandemic. However, as an ecosystem, it is lacking clear terms of service between operators and passengers. As a result, passengers are often unaware of who is responsible for which activities and who they should talk to if a trip does not go as planned. This bill will help address those concerns.

We all dislike when our flights are delayed or cancelled.

I want to take a second to talk about the part of the bill that enables the creation of regulations requiring flight operators and anyone delivering flight-related services to set service standards. These standards would apply not only to airport operators, but also to other companies that deliver a range of flight-related services in airports. The plan would be for the airport operator to coordinate the development of standards at their airport. They would work with airlines, the Canadian Air Transport Security Authority, Nav Canada and others.

Service levels are an important issue of concern to all Canadian travellers. As we saw when airports were congested in the summer of 2022 and the holiday period that followed, passengers did not really know who was responsible for what, who could provide information, or who they could contact to fix their situation. This kind of uncertainty can be frustrating, causing disruptions and inconvenience.

That is why the new proposed regulatory authorities aim to improve the overall delivery of service in our transportation system. Once the regulations are adopted, the service standards will provide clear guidelines on a variety of services that affect passengers’ experiences. The specific services requiring standards will be defined in the regulations, and the standards themselves will be negotiated among the parties concerned, but examples may include the time allotted for luggage to reach the carousel after the flight lands and the expected waiting time for security screening.

That is not all. To ensure accountability and transparency, the service standards will be published and specify how they are to be enforced. The various operators in the airline industry will be responsible to one another and to the travelling public throughout the trip.

Even though the regulations will describe the types of services requiring standards and include services that affect the passengers’ flight experience, the intention is to make airport operators responsible for ensuring and coordinating the development of these standards.

The specific target parameters, for example, luggage delivered within x minutes after landing, will be more suitably worked out by the parties having business relationships and operational expertise, and they may vary from one airport to the next. We want to make sure that the service standards will be adapted to the specific circumstances of the airport in question.

The regulations could establish another procedure for dispute resolution if the various parties do not manage to come to an agreement on the appropriate service standards.

For the moment, the initial focus will likely be on major airports. Details concerning airline sector participants, services, and other issues will be defined in the regulations.

If Bill C-52 receives royal assent, the development of regulations on service standards will follow the normal regulatory process and consultations will be held with all parties concerned.

The government will remain open-minded throughout the regulatory process and support the industry in implementing these standards, which should support the industry’s actions.

Our objective is to encourage better collaboration among all the entities involved in our travel system and make our airline industry more efficient. By working together, we think that we can improve travellers' overall experience and enhance service quality.

This approach focuses primarily on travellers' needs and on measures that benefit them directly. It also encourages information sharing with the public so that passengers can make more informed decisions while travelling.

In conclusion, the advance creation of service standards and the obligation to publish them, along with a collaborative approach, should result in positive changes for our air transportation system. We look forward to a future of smoother and more efficient travel, centred on passenger needs.

[John McKay, Liberal, Scarborough—Guildwood, ON]

Madam Speaker, I would be interested in the hon. member's comments with respect to the ease with which passengers are getting through security, particularly at Pearson airport.

I had the experience on the break week of travelling to Washington and, frankly, the experience was as it should be. I would like to think it would have something to do with my colleague and his group's advocacy. I would be interested in his comments on the security situation there, and indeed at the Ottawa airport, for those who have a NEXUS card.

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Madam Speaker, the hon. member for Scarborough—Guildwood is a very learned member of the House.

As the GTAA caucus chair, we meet with the officials regularly on a monthly basis. We inform them and we have a kit for our travellers and our residents. As the member for Scarborough—Guildwood said, the process of going through security at Toronto Pearson airport, at the Ottawa airport, at the Vancouver airport or other airports across the country has vastly improved over the last year or two.

We have put in process improvements and have provided funds, but there is also ongoing collaboration between CATSA, the airport authorities, Transport Canada and the Minister of Transport's office. That type of collaboration is what Canadians want and expect us to do it. They are seeing the results of that in a very streamlined, efficient and effective process when they go through security to get on a plane to go home or to go on vacation.

[John McKay, Liberal, Scarborough—Guildwood, ON]

Madam Speaker, I also want to call on the expertise of the hon. member with respect to competition in the airlines. We have seen WestJet pull back. We have seen Porter expand. We see the Billy Bishop airport wishing to expand and being able to accept jets. We have seen quite a number of new airlines start up in the last little while. It seems to run contrary to the narrative that we hear. Therefore, I would be interested in the member's observations.