Madam Speaker, I do not wish to take up an extraordinary amount of the House's time, but I would like to speak on behalf of our transportation critic for Cumberland—Colchester.
I would like to take a moment to express our support for Bill S-23. The bill not only receives our support but the support of the Air Transport Association of Canada, a body representing the major airlines and many cargo operators as well. The industry regards this legislation as long overdue and essential for the modernization and commercial viability of Canadian commercial aviation.
I would be remiss if I did not respond briefly to the member from the Reform Party who suggested that because the bill is an S-bill that came from the Senate that perhaps it does not provide a good service for Canadians. Nothing could be further from the truth. Not everybody has a lock on all the ideas. The Reform members should certainly recognize that because, quite frankly, I do not believe they have a lock on any good ideas.
The Senate, in its wisdom, decided to bring forward a piece of legislation that is needed and necessary in the industry. The bill amends the Carriage by Air Act by implementing two international agreements respecting air flights, the Montreal Protocol No. 4 and the Guadalajara Supplementary Convention.
These multilateral agreements modernize the rules regarding airline liability for passengers and cargo, and also simplify documentation for the international carriage of that cargo. They were originally established under the Warsaw Convention of 1929 and its amendment, the Hague Protocol of 1955.
The Montreal Protocol No. 4 deals exclusively with cargo. It provides that a carrier is liable for damages to cargo to the limits of the liability, but only after those damages have been estimated. As a result, the carrier cannot escape liability by taking all necessary precautions and cannot be assessed damages beyond the maximum limit, even in the event of gross negligence.
Another important feature of Protocol No. 4 is that it changes airline liability for damage to cargo on board an aircraft by removing the requirement that a plaintiff prove that the airline was at fault. Together, these changes will reduce the litigation and contribution to controlling costs associated with insurance and cargo rates.
The Montreal Protocol No. 4 came into effect in the United States in March of this year and thus puts U.S. carriers at a competitive advantage over Canadian carriers.
The Guadalajara Convention clarifies the relationship between passengers and shippers on the one hand and air carriers on the other. It is also widely in force and clarifies the application of the Warsaw Convention to situations where the contract of carriage was made by a carrier that did not actually perform some or all of the carriage by air.
Bill S-23 has received unanimous support. I say that again. Bill S-23 has received unanimous support. All potentially affected parties, including carriers and their associations, the Air Transport Association of Canada, manufacturers, shippers, tour operators, consumers and the legal profession were consulted.
As I have stated, the legislation is long overdue. All aspects of the bill are already in practice worldwide. Canadian carriers and airlines realize it is good business, so does the PC Party. We support the bill and urge quick passage.
Because it came from the Senate does not mean that it is an inferior piece of legislation. What it means is that it was brought forward by a group of individuals who saw a need, reacted to that need and brought it forward to this House.
The Reform Party will never accept that. It never has, it never will and it never can accept that principle. Quite frankly, it is very frustrating for not only myself but most Canadians.
We will support the bill regardless of the letter on it because it is the right thing to do.