Transport committee  It could be.

Transport committee  Yes, I remember that discussion, Mr. Bélanger. We said it would be appropriate to put that in the assessment protocol that Transport Canada has with respect to SMS, to allow inspectors to sit with the employees and the employer as part of the assessment for SMS.

Transport committee  Yes. Merlin.

Transport committee  I think we could. This is the way Justice gave it to us. But I understand your concern, Mr. Laframboise, and it's logical. It's really that the operator of the aircraft referred to in proposed subsection 5.392(1) cannot use it against those people.

Transport committee  Yes.

Transport committee  No. A contravention of the act is the minister not taking action against a person because of a contravention of the act. But the employer is required not to take disciplinary procedures against its own employees there. The employee is protected by proposed subsection (3), which we're putting there.

Transport committee  Mr. Bell, they have collective agreements in which they have conditions by which disciplinary procedures can be taken or not taken according to their collective agreements. And the union wanted this to be reflected. So here, where it says, “except in accordance with any conditions that are established” in relation to that process, those are the conditions.

Transport committee  That's correct.

Transport committee  That's correct.

Transport committee  I can verify the exact page, page 16.

Transport committee  That's correct. It does state: “a holder of a Canadian aviation document.” In fact, we are referring to the operator.

Transport committee  We're talking about flight data recorders. Subsection 5.393(1) begins as follows in English: If an operator of aircraft has a management system with a process for the collection, analysis and use of information derived from a flight data recorder In French, it states: “utilisateur d'aéronefs”.

Transport committee  There's no person reporting here, Mr. Julian, because it's a FDR. A flight data recording is from IT equipment recording parameters, so there's no person reporting per se. So what we're saying is that when the employer reviews the information and sees that some crew members have not performed up to par, they cannot take disciplinary measures against the individual.

Transport committee  Actually, most of the boxes are orange, but they are called black boxes. It's an old media--

Transport committee  There are cockpit voice recorders and those are a continuous...well, they used to be 30-minute loops, but now they're a bit longer. Some are longer. Flight data recorders...but that's not what we're talking about. Cockpit voice recorders are completely protected under the Canadian Transportation Accident Investigation and Safety Board Act.