An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

Lawrence Cannon  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Canada Transportation Act. Certain amendments apply to all modes of transportation, including amendments that clarify the national transportation policy and the operation of the Competition Act in the transportation sector, change the number of members of the Canadian Transportation Agency, create a mediation process for transportation matters, modify requirements regarding the provision of information to the Minister of Transport and modify and extend provisions regarding mergers and acquisitions of air transportation undertakings to all transportation undertakings.
It amends the Act with respect to the air transportation sector, in particular, in relation to complaints processes, the advertising of prices for air services and the disclosure of terms and conditions of carriage.
The enactment also makes several amendments with respect to the railway transportation sector. It creates a mechanism for dealing with complaints concerning noise and vibration resulting from the construction or operation of railways and provisions for dealing with the transfer and discontinuance of operation of railway lines. It also establishes a mechanism for resolving disputes between public passenger service providers and railway companies regarding the use of railway company equipment and facilities.
The enactment also amends the Railway Safety Act to create provisions for the appointment of police constables with respect to railway companies and procedures for dealing with complaints concerning them.
In addition, it contains transitional provisions and consequential amendments.

Similar bills

C-44 (38th Parliament, 1st session) Transportation Amendment Act
C-26 (37th Parliament, 2nd session) Transportation Amendment Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-11s:

C-11 (2025) Military Justice System Modernization Act
C-11 (2022) Law Online Streaming Act
C-11 (2020) Digital Charter Implementation Act, 2020
C-11 (2020) Law Appropriation Act No. 1, 2020-21

Votes

June 14, 2007 Passed That the amendments made by the Senate to Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts, be now read a second time and concurred in.
Feb. 21, 2007 Failed That Bill C-11 be amended by deleting Clause 5.
Feb. 21, 2007 Failed That Bill C-11 be amended by deleting Clause 3.

Air Passengers’ Bill of RightsPrivate Members' Business

March 22nd, 2013 / 1:30 p.m.


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Conservative

Joe Daniel Conservative Don Valley East, ON

Mr. Speaker, I am pleased to address the House of Commons on private member's Bill C-459, an act respecting the rights of air passengers, which was introduced in this chamber in November of last year. Our government strongly supports consumer protection measures, however, the bill is fundamentally flawed and would likely have impacts contrary to what it seeks to achieve. Furthermore, it is redundant given the passenger protection approach that already exists in Canada and this government's effort to strengthen it in recent years.

Let me start by noting that the bill calls for all-in advertising. I am pleased to remind the House that our Conservative government has already put in place these measures by way of regulations that were brought into force in December 2012, following extensive consultation with industry, consumers and other stakeholders.

Beyond that, Bill C-459 proposes a prescriptive regime that would increase the regulatory burden on air carriers and on travellers. It would introduce additional costs into our air transport system and it would not improve the passenger protection approach that already exists in this country. In Canada today, airline passengers are protected through provisions in the Canada Transportation Act. All carriers operating in Canada, or arriving or departing from Canada, are required to develop terms and conditions of carriage that they must respect. They must make those terms and conditions readily accessible to passengers.

The Air Transportation Regulations under the act specify the items that must be included in the terms and conditions of carriage, such as the carrier's policies regarding cancelled or delayed flights, lost or damaged luggage, and denied boarding due to overbooking. This establishes a clear basis on which passengers can raise concerns if they feel they have not been treated appropriately.

The Canadian Transportation Agency is mandated to resolve travellers' complaints by examining whether the carriers are acting in compliance with their terms and conditions of carriage and by assessing the reasonableness of the terms and conditions. The act also includes significant provisions to ensure accessibility for persons with disabilities.

If a traveller is not able to resolve his or her issues directly with the carrier and submits a formal complaint to the agency, the agency would begin by seeking a mutually satisfactory solution to the problem by way of alternative dispute resolution. If this is not successful, arbitration is an option. We know that in fact most complaints are resolved by way of mediation. In some instances, the agency has found that a carrier's terms and conditions of carriage are not reasonable, resulting in significant changes to the benefit of passengers. Recent such decisions have addressed questions such as lost baggage and denied boarding.

In short, our current system works. Furthermore, it does so because of the proactive stance that our Conservative government has taken on passenger rights.

In 2007, we took action to strengthen the consumer protection regime for air travellers by introducing measures as part of Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts. These amendments improved the transparency of carriers' terms and conditions of carriage and made the complaint process under the Canadian Transportation Agency permanent.

In 2008, we introduced Flight Rights Canada, an initiative to inform Canadians of their rights under the act. This also resulted in the creation of a plain language voluntary code of practice, which our major carriers adopted into their terms and conditions of carriage. I have already mentioned the airfare advertising regulations brought into force last year.

The prescriptive regulatory regime proposed in C-459 is not consistent with Canada's approach to consumer protection in transport. As written, the bill raises a number of questions and creates systems that would ultimately increase the burden on all parties.

To begin with, the proposed bill would only empower the agency to enforce provisions relating to duty to disclose pricing, announcements at airports and obligations to inform passengers of their rights at check-in. With respect to other matters such as cancellations, delays and denied boarding, consumers would seemingly have to seek redress through the courts if they are not satisfied with a carrier's response. This would be costly, time-consuming and a burden on the passengers as well as on the Canadian court system.

Bill C-459 seeks to address concerns that were identified with previous private members' bills on this subject, which made air carriers responsible for problems that are the fault of other parties, such as airports or navigation providers.

However, the current bill would introduce a new regulatory burden, namely that carriers would need to make a submission to the Canadian Transportation Agency proving the third party's responsibility. This would result in more red tape for the carriers and more work for the agency. The additional costs, obviously, would likely be borne by travellers and taxpayers.

Furthermore, the bill would recognize that carriers would not be made responsible for cancellations arising as a result of force majeure, particularly weather. The carriers would remain responsible for the situation resulting from force majeure, such as airport or tarmac delays, and we all know that weather is a major factor in this country.

The bill would create confusion between its provisions and the current provisions of the Canada Transportation Act. There is also potential conflict between Bill C-459 and the Carriage by Air Act, which brings into force passengers' rights provisions enshrined in the Montreal convention, an international treaty to which Canada is a party.

In conclusion, we are committed to promoting passengers' rights by way of an approach that minimizes costs and regulatory burden on all travellers in the air industry.

Bill C-459 would add nothing to this, but it does have the potential to significantly increase the regulatory burden and cost to Canada's air transportation sector and to create confusion within the regulatory regime without further addressing passenger needs.

For this reason, we cannot support Bill C-459.

Air Passengers’ Bill of RightsPrivate Members’ Business

February 7th, 2013 / 6 p.m.


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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, thank you for giving me the opportunity to address the House regarding Bill C-459, the air passengers' bill of rights, which would establish terms and conditions including compensation and rerouting for the treatment of air passengers under various circumstances when air travel is cancelled, delayed, or baggage is misplaced.

This is a big country and as a result Canadians travel more by air than most people elsewhere. Many of us have experienced situations where our flight was delayed or cancelled due to weather conditions, mechanical issues or other reasons that we may not understand. Occasionally the delivery of luggage may be delayed due to tight connections, mishandling, malfunctions and various human factors. That is the key part.

People make mistakes every now and then. We do not like them, but they are a fact of life. Sometimes as passengers we feel we have not been treated fairly. We all find these situations frustrating. I have been there and I am sure all members have. One thing should be noted though. We are fortunate that in Canada there is a mechanism that provides passengers with a means to address these situations efficiently without engaging in onerous or costly legal wrangling.

Consumers have the right to expect to be treated fairly by airlines and therefore a process is in place for the impartial investigation of concerns. In particular, this means that a passenger, who has been inconvenienced and feels that his or her concerns have not been addressed adequately by the airline, can choose to file a formal complaint with the Canadian Transportation Agency. The agency is an independent, quasi-judicial tribunal that has a mandate to review unresolved consumer complaints against air carriers and to assist consumers to the extent possible.

Please allow me now to describe the regime that exists in Canada for the protection of air passengers' rights. As I have noted, Canada's policy for airline passenger consumer protection is based on a complaints-driven process. The carriers are expected to comply with their terms and conditions of carriage, which must be made readily available to the passenger. The terms and conditions of carriage are set out in carriers' policies with respect to important consumer protection matters including, but not restricted to, acceptance, loss and damage of baggage, taxes and fees, reimbursement, claims, flight cancellations, et cetera.

Air carriers are required to publish their terms and conditions of carriage on their websites and to live by these terms and conditions. This is enshrined in legislation through specific provisions in the Canada Transportation Act. If a passenger feels that a carrier is not respecting its terms and conditions of carriage, he or she should begin by bringing a complaint first to the airline. As I mentioned earlier, if not satisfied with the airline's response, passengers may then take their complaint to the Canadian Transportation Agency, which is empowered to provide recourse.

In 2007, our government took action to strengthen Canada's consumer protection regime for air travellers by introducing measures as part of Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act, which improved the transparency of carriers' terms and conditions of carriage and made the complaints process under the Canadian Transportation Agency permanent.

During the same period, our government introduced Flight Rights Canada, an initiative to inform the travelling public of the consumer protection approach that we have in place in Canada, their rights under this approach and how they can seek redress if something goes wrong when they are travelling by air. Flight Rights Canada included a six-point, plain language code of conduct defining service standards.

Canada's largest airlines have adopted these standards into their terms and conditions of carriage. They are now accountable for them as they are for all their terms and conditions of carriage. As my colleagues have no doubt noticed, Bill C-459 also includes provisions that regulate full fare advertising. On this issue, I am pleased to remind hon. members that this government has already taken action with the recently announced all-inclusive airfare advertising regulations.

On December 14, 2012, new air services price advertising regulations came into force that required any person who advertised the price of an air service to display the total price, inclusive of all taxes, fees and charges when selling flights within or originating in Canada. That is something I have experienced. Individuals book a flight, they think they have a price and all of a sudden all the other little things get added to it and it is not what they thought it was at the start. That is no more, thanks to this government.

The two key objectives of this new regulation are to enable consumers to readily determine the total price of an advertised air service and to promote fair competition between all advertisers in the air travel industry. When Canadians are travelling by air, they expect to be treated fairly by their carrier, as well as to be able to readily determine the full price of the air services they are purchasing.

Hon. colleagues must consider this private member's bill with prudence, as we cannot overturn the current policy by implementing a prescriptive and more burdensome framework. The bill could result in consumers having to take their cases to court in certain situations, as well as changes to the mandate of the Canadian Transportation Agency. It could translate into more red tape and costs to the taxpayer. That is the last thing we need.

Furthermore, elements of the bill could potentially have significant financial implications for airlines, which would translate into higher costs for travellers. This is not what we want. For example, while the bill recognizes that airlines should not be held responsible for incidents that are caused by third parties, such as air navigation service providers or airports, the onus could be on the carriers to prove that this is the case in a submission to the Canadian Transportation Agency.

Similarly, under the bill, carriers would not be responsible for cancellations caused by weather, which is a major factor in our country. However, again, they could be placed in a situation where they would have to prove this by way of submissions to the agency. All of this would result in additional work and cost for both the airline and the agency. I need not remind members that higher costs to carriers would definitely translate into higher fares for air travel.

Let me underscore that this government is, as always, firmly committed to promoting a healthy Canadian air industry, without compromising the protection of the rights of Canadians. We have a robust system for protecting air passengers' rights and this government is proud to reiterate that it has taken steps to reinforce this and will continue to do so.

We do not have a perfect system, but it is a pretty good one. The bill would definitely make it worse, not better.

Railway Noise and Vibration Control ActRoutine Proceedings

February 9th, 2012 / 10:05 a.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

moved for leave to introduce Bill C-393, An Act to amend the Canada Transportation Act (railway noise and vibration control).

Mr. Speaker, I thank my seconder from Laval—Les Îles who is one of the new bright young lights in the NDP caucus.

In many parts of the country, we have rail yards in urban areas where there are excessive, noisy activities in the evening. We are talking about idling of diesel engines, shunting and extended whistle blowing. This interrupts the sleep of constituents in my riding and, of course, Canadians right across the country.

The amendments to Bill C-11 simply have not dealt with the problem. Mediation has not worked. We have many examples where mediation has not been respected by the railway companies.

I am bringing forward this legislation to give very clear guidelines about what rail companies can do in the middle of the night in urban areas. They cannot do the shunting, idling and excessive whistle blowing that interrupts the sleep of so many Canadians.

I hope to get all party support on a problem that many urban areas experience. I am sure all members would agree that every Canadian has the right to a good night's sleep.

(Motions deemed adopted, bill read the first time and printed)

Air Passengers' Bill of Rights.Private Members' Business

March 5th, 2009 / 5:35 p.m.


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Fort McMurray—Athabasca Alberta

Conservative

Brian Jean ConservativeParliamentary Secretary to the Minister of Transport

Mr. Speaker, I am very glad to have the opportunity to contribute to the debate on Bill C-310 brought forward by the member for Elmwood—Transcona.

Over the past Christmas season, severe weather wreaked tremendous havoc at airports across the country. I know that because I travel quite frequently. Being a member of Parliament from northern Alberta, I have the opportunity to travel on planes. I can assure the member and others in the House that if anyone knows what it is like to travel in Canada and enjoy the diverse weather across this country, it is members from the west because they have to do more travelling. I remember that bad weather forced many cancellations and delays, which obviously were beyond the control of the airlines. Unfortunately, too many people spent hours in airports lying across plastic chairs and getting snacks from vending machines. Some members in the House probably had that unfortunate experience.

Let me be clear. Protecting Canadian travellers is a priority for this Conservative government and will remain a priority for this government. We are committed to consumer protection and have taken measures to strengthen that protection.

In 2007, for instance, we brought forward Bill C-11, which improved transparency by requiring air carriers to publish their terms and conditions of carriage on their websites, a good step to put forward for consumers to understand what their rights are. The Canadian Transportation Agency was also mandated to continue its complaints process as a permanent program.

In 2008 our government introduced the flight rights program as a result of, in part, Parliament's wish to protect consumers more thoroughly. This is a campaign to inform air travellers of the rights and options available to them should they encounter difficulties when travelling.

In budget 2009, again we introduced measures to modernize the Competition Act and to better protect Canadians from price fixing and misleading advertising, things which are simply not acceptable. The changes that this government made will instill greater confidence in advertising and more meaningful penalties to deter misleading advertising and mass marketing fraud, again things which are unacceptable.

I would like to highlight a few key components of the consumer protection measures we as a government have put in place for air travellers.

Under the Canada Transportation Act, all carriers operating within Canada are required to have written terms and conditions of carriage readily accessible to passengers. These are often printed on the back of the ticket or agreed to when reservations are made online so that consumers will know their rights at the time they purchase their tickets.

These terms and conditions must reflect the carrier's policy regarding persons with disabilities, the acceptance of children, cancelled or delayed flights, lost or damaged baggage, denied boarding due to overbooking, and ticket reservations. These currently exist. They reflect the passenger's rights as a consumer and the carrier's obligation.

Carriers are actually obliged to live up to these terms and conditions and if they fail to do so, consumers can turn to the Canadian Transportation Agency for recourse. The agency can impose different measures, including corrective measures, such as a refund of expenses incurred by the passenger, and can also direct a carrier to change or suspend its terms and conditions of carriage.

It should be noted that in the United States consumers must actually turn to the courts instead of an agency like the Canadian Transportation Agency when carriers fail to live up to their commitments. We all know that turning to the courts is very expensive and time consuming and, quite frankly, not acceptable to Canadians.

Countries in the European Union are required to have a complaints process, but the complaints processes in the European Union actually vary in their effectiveness and are more limited in scope to what we currently have in Canada. In Canada we have a consumer protection regime that ensures that the terms and conditions offered by carriers in Canada are not only reasonable but that carriers actually stand by them and stand up for consumers.

These terms and conditions are determined by international norms of practice, normal travel practice and healthy competition, which is so very important in today's global economic crisis. They are the carrier's commitments to its clients.

It is easy to understand the frustrations of passengers because, let us face it, many in the House are very frustrated by travel from time to time. The people who experienced the frustration of flights being delayed or cancelled over the Christmas season were, quite frankly, unhappy. Everyone travels hoping to arrive at their destinations on time. However, we live in a winter country. We live in a huge country, approximately 1.2 people per square mile, the lowest population density in the world. Given our climate, inevitably there will be unfortunate delays and inconveniences in travel, particularly in our harsh winters, our large snowfall and our dispersal of population.

Over the last couple of weeks I have heard from many industry representatives. I have had an opportunity to meet with representatives from WestJet, Air Canada and from other airline carriers that service our country. Let us talk about what they think. The Tourism Industry Association of Canada stated that it shares the concerns raised by the NACC, the National Airlines Council of Canada, regarding many aspects of the proposed legislation and does not believe that the highly prescriptive and punitive measures such as Bill C-310.

This sentiment was echoed by the Canadian Airports Council and the International Air Transportation Association. It represents 230 international carriers around the world, including all major airlines in Canada. The National Airlines Council of Canada said that while Bill C-310 claims to safeguard consumer interest, the proposed measures would in fact exacerbate delays and add a new layer of traveller inconveniences and costs.

It is also important for us to try to understand the operational realities of running an airline in today's competitive environment. For instance, bad weather in Vancouver will cause delays in Toronto. It will cause ripple effects across the country, especially during the busiest time of travel and especially during the harshest part of winter. We must also be mindful that safety must be the primary concern for our transportation system.

The Air Transportation Association of Canada in a letter dated March 4, 2009, states that it will lower passenger safety in Canada by encouraging more risk taking.

Yes, it will lower passenger safety in Canada by encouraging more risk taking. There is nothing more important to this Conservative government than the safety of Canadians and we are going to make sure that they remain safe while they travel. Safety must come first.

We can and must learn from other countries. We must review the United States' legislation, the European legislation and look at other options. We must also be mindful that Canada's weather and geography are truly unique and these realities must be taken into consideration when we think about what must be done to enhance consumer protection legislation and ultimately serve those whom we all serve in this place, Canadians.

I look forward to working with the member who introduced this bill and all members of the House and the committee cooperatively to find solutions that will protect Canadian consumers without punishing Canadian carriers for factors beyond their control.

We must ensure during this time of economic global downturn that we protect Canadians' interests and at the same time make sure that airlines remain competitive. It is a balancing act and we as a government will do the best job for Canadians.

Airline Passenger Bill of RightsPrivate Members' Business

June 4th, 2008 / 6:40 p.m.


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Conservative

Fabian Manning Conservative Avalon, NL

Mr. Speaker, I am pleased to speak in favour of Motion No. 465, put forward by the member for Humber—St. Barbe—Baie Verte. This motion deals with protecting the travelling public and is something that many people have been waiting for. The story of how this all came about is interesting.

During Christmas 2007 some major storms were experienced in Newfoundland and Labrador and throughout Atlantic Canada. Many flights were cancelled or delayed which created major havoc especially for people in Newfoundland and Labrador, and among them, people in my own riding of Avalon.

Many people in Conception Bay South, a town in my riding and one of the fastest growing communities in Newfoundland and Labrador, have the opportunity to travel back and forth to other parts of Canada.

A movement was started at that time by Woodrow French, the mayor of Conception Bay South. I met with Mayor French on a couple of occasions to discuss this issue and other issues. Mayor French involved many families and people who travelled. He sought and received the support of the Municipalities Newfoundland and Labrador association. He also sought and received the support of the Federation of Canadian Municipalities. With that combination of support, Mayor French found a need and a want for a passenger bill of rights in Canada.

I am certainly delighted that the member for Humber—St. Barbe—Baie Verte brought his motion forward because it gives us an opportunity to protect the travelling public. We hope we can do that through this process.

A lot of people are not aware that there is protection already in place in Canada. Canada's complaints process has been in place since 2000 and was made permanent by Bill C-11. It is one of the strongest features of Canada's consumer protection regime. However, like many other things, the regime and its strengths are not well understood by Canadians. We have not done enough to inform travellers of the consumer protections that exist and the redress available to them through this process. If passengers do not know their rights, they are unlikely to take steps to protect those rights.

There is no way that we can bring forward in this House, or any government can bring anywhere for that matter, a bill of rights that would dictate what the weather was going to be on a Friday or Saturday night, or whatever the case may be. Therefore, we have to work within the existing system. A bill or a motion will not dictate what the weather will be on any given night.

How passengers are treated when their carefully laid out plans are suddenly disrupted because of the weather or because of some other situation that might arise is what we are trying to deal with through this motion. Common courtesy is not something that we can legislate.

Because of the Christmas panic that ensued in Newfoundland and Labrador, we have a regime in place that we hope can provide some protection. Hopefully, by enhancing that and working with all members in the House we can bring forward something that would at least give people some kind of protection.

I heard many stories from people in my riding who contacted my office. Some had been in Halifax on December 22 and were told that due to flight cancellations, the next flight they could get to go home would be on January 2. Some people were in Toronto on Christmas Eve and were told that the first opportunity for them to get home would be on New Year's Day. Some people had to return to work on January 2 or January 3. That is totally unacceptable to the government and it is totally unacceptable to the travelling public.

I was delighted to hear the member for Fort McMurray—Athabasca state earlier that we are not only supporting this motion, but we are going to make a concerted effort to inform Canadians of the rights and protections that are already in place.

I was delighted to hear the member for Fort McMurray—Athabasca, because if there is any area or town in this country that knows the importance of the travelling public, especially from Newfoundland and Labrador, it is Fort McMurray. A direct flight was brought in sometime in 2007. Every single day there is a direct flight from St. John's, Newfoundland to Fort McMurray, Alberta. There are in excess of 60,000 people travelling back and forth between Fort McMurray and St. John's, people who either live in Fort McMurray permanently and visit family in Newfoundland, or who travel back and forth on turnovers. This is a major concern for all those people. Many times we refer to the member for Fort McMurray—Athabasca as the eighth member from Newfoundland and Labrador because there is no doubt that his constituency is made up of many Newfoundlanders and Labradorians.

I was delighted to see the member for Fort McMurray—Athabasca on his feet here today announcing that our government is supporting this private member's motion. We are taking the concerns of the travelling public of Canada very seriously. We have a situation here where, as I said earlier, we cannot regulate the weather or how things happen, but we can provide protection. We can provide at least an opportunity for the travelling public to be treated fairly in a situation where people cannot have their concerns addressed in an airport at 2 o'clock in the morning.

I want to congratulate Mayor Woodrow French of Conception Bay South, who on February 13, I believe it was, sent a letter off to the Prime Minister, asking him to look at bringing in a passenger bill of rights similar to ones in other parts of the world. When we did some research on that, we found that the passenger bills of rights in other parts of the world do not exactly fit everything that we have here in Canada.

Hopefully, we can enhance what we already have in place to protect consumers and the travelling public. We want to ensure that the concerns that are being brought forward to members of Parliament are addressed and that we can have something in place so that at least people travelling do not have to worry that they are not being treated fairly.

We have a large geographic region. I mentioned the daily flight between St. John's and Fort McMurray. We travel long distances. Sometimes people arrive in one town but their luggage is in another city. Some people do not find their luggage at all. The attitude sometimes of the airlines is well, too bad. That is not an attitude Canadians should have to put up with. It is absolutely unacceptable that the travelling public of Canada have to put up with anything less than the service they pay for and deserve.

We as a government are here today to make sure that the protections that are in place are enhanced for the travelling public. of Newfoundland and Labrador in our case. I am delighted that a member from Newfoundland and Labrador brought this motion forward. In that way, every one who travels can know that if something goes wrong, if something does not work out, there is protection and that those who are responsible have to step up to the plate and say, “We are responsible for what happened”. They are not responsible for the fog, they are not responsible for the snow, they are not responsible for the wind, but they are responsible for the paying customers who deserve a service that sometimes we find is lacking.

I am delighted that we are here today to support the motion. I look forward to enhancing the protections that are in place now so that members of the travelling public of Canada feel that they are protected in some ways and feel more comfortable when they sit on a plane. After all, it is a major mode of travel now.

Airline Passenger Bill of RightsPrivate Members' Business

June 4th, 2008 / 6:25 p.m.


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NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, I am pleased to have the opportunity to speak in this debate on Motion No. 465.

I want to read the text of the motion so the folks who are watching will have some understanding of what we are actually considering tonight. The motion reads:

That the House call upon the government to bring forward an airline passenger bill of rights similar in scope and effect to legal instruments being either proposed or enacted by jurisdictions within Europe and the United States for the purpose of protecting passenger interests in a consistent and rules-based way and to provide a means of ensuring adequate compensation being offered by the airline industry to airline passengers who experience inconveniences such as flight interruptions, delays, cancellations, issues with checked baggage and other inconveniences incurred while travelling on commercial passenger airline services originating from anywhere in Canada.

I appreciate that we have the opportunity to discuss this this evening and have had another occasion to do so. At that time, the NDP transport critic, the member for Windsor West, indicated that this motion had his support, and it is something that has my support as well. It is an important initiative.

Over the years, consumer protection has been an area where we have fallen short in Canada. There was a time in Canada when we actually had a minister of consumer affairs and that was an integral part of our government. It was seen as an important post in government, someone who had the specific responsibility to look out for Canadian consumers in all manner of ways to protect consumers. That was specifically on the agenda.

Unfortunately, over the years that capacity of government has kind of dwindled down and is not what it once was. It might be a desk in a department someplace now rather than a full-fledged department in its own right. There has been something significant lost with those changes over the years.

Recently, in many ways we have seen concerns around consumer protection come to the fore again, whether that be with regard to food products, with regard to toys imported from overseas or with regard to the concerns with pet foods that were very much on the minds of many Canadian pet owners in recent months. There have been many places where we seem to have fallen short of offering appropriate protection to Canadian consumers and where our government has been slow to take initiatives to offer that kind of protection.

That is an appropriate role for government. It certainly seems to me that Canadians, as we come together collectively, as our government, would want us to take that kind of responsibility to ensure that our fellow citizens are safe and secure, and that they get value for the products that they consume and the services that they purchase. It seems to me that is an entirely appropriate role for our federal government, especially so in the area of transportation, which is clearly something that is a direct responsibility of the federal Government of Canada.

This is an important initiative to be discussing. There is a lot of room for improvement in how we ensure that consumers of airline services are protected in Canada. It is very important that we have clear, accessible information about what the protections available to passengers are,. The clearer, more accessible and better organized that information is the better off we will all be.

I was glad to hear the Parliamentary Secretary to the Minister of Transport say that Canada would be taking measures to publicize the protections that are available now to Canadians. That is a good initiative but I wish it had happened sooner. I wish we could have seen some tangible result of that commitment by now, but perhaps organizing that in some way that makes sense to consumers, with information that they can use easily and readily, will be an important step to take.

However, that commitment should not deter us from pursuing the motion that is before us today. It seems to me that we have not had that commitment, that we have not seen the government move in that direction.

Since we do not have that kind of information readily available, the House should put pressure on the government to organize an airline passenger bill of rights and organize it in that kind of format so people will know what the airlines' responsibilities are and what their rights as passengers are.

We know there have been very serious issues related to airline passengers. We had the 10-hour incident where people were kept on a plane on the tarmac and were denied access to appropriate hygiene and food. It took a 911 call to get the kind of help those folks needed. I am sure we all believe that it should never happen again and that it should never have happened in the first place.

We also have seen situations arise, especially at times of mergers or bankruptcies of airlines, where many passengers are inconvenienced or right out of luck when it comes to their travel plans. I think all of us would agree that it is not an appropriate time either.

We have seen weather delays but we know we cannot always control that. However, we do want to ensure that the response to those kinds of delays is done appropriately and with the consumer and passenger in mind.

There is also the issue of pricing of airline tickets and the advertising of those airline tickets. We have seen a significant concern around the hidden costs in airline advertising about ticket prices. This is something that we thought we had taken some initiative on in the House. There were proposals in Bill C-11, which was passed almost a year ago, that would have had some effect on that had the government taken the necessary action to implement it. We are still waiting on that and I think it is very important.

The member for Windsor West has asked in the House, as recently as April, when we would be seeing the implementation of that policy that was passed in the House.

We need to ensure the airlines are not hiding fees and not misleading consumers about the actual cost of flying in Canada. We want to ensure that what is called all-in pricing is the standard for airline advertising here in Canada. The mechanism to do it is in the legislation but, unfortunately, the government has not acted to actually put that into practice yet in Canada. It needs to do that without delay because that would be a significant improvement in consumer protection for Canadians.

There are a number of proposals already. We have heard that the European Union has such a consumer airline passenger bill of rights in place. We have seen attempts to do it in the United States and we know there are ongoing discussions in the United States.

The Canadian Association of Airline Passengers and the Public Interest Advocacy Centre have a proposal around an airline passenger bill of rights that includes things like public participation to ensure the public is consulted and is part of the process of developing such a code and developing awareness around issues of safety, pricing and service quality; that safety principles are important; that the importance of public safety and decision making is emphasized; that normal and emergency levels of service are clearly elucidated; that there is a culture of safety in the airline industry; that additional risks arising from mergers and restructuring that would affect passengers are addressed; that there is access to public safety information for passengers; and that in the event of accidents that passengers are entitled to rescue and firefighting services that are equal to or better than international standards.

Those are all some of the things that would be part of that kind of passenger bill of rights. There is also the whole category of service quality, that there needs to be full passenger information disclosure, that there are certain standards of onboard quality and that there are general service standards available to the public, just basic common courtesy needs to be one of those. The whole area of fair pricing rules is one that is very important.

The regulation of the airline industry is another key area that is part of this proposal from the Canadian Association of Airline Passengers for an airline passenger bill of rights. I think this motion gets us going in the right direction and I am happy to have been able to speak in favour of it this evening.

Airline Passenger Bill of RightsPrivate Members' Business

June 4th, 2008 / 6:15 p.m.


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Bloc

Robert Carrier Bloc Alfred-Pellan, QC

Mr. Speaker, I am pleased to speak today to Motion No. 465 from the member for Humber—St. Barbe—Baie Verte, concerning rights for airline passengers.

The spirit of my colleague's motion is not unique to Canada. Similar regulations already exist in other countries, and could even serve as models for an airline passenger bill of rights.

In 2004, the European Union adopted Regulation No. 261/2004 of the European Parliament and Council of the European Union. This regulation came into force on February 17, 2005, in the 25 member states of the European Union. The United States has a similar regulation established by the Air Transport Association.

In general, these regulations set out the rights of airline passengers and the responsibilities of carriers, for example: to provide compensation for passengers who are denied boarding by the carrier; to reduce any problems and inconveniences to passengers whose flights are cancelled, by encouraging carriers to inform passengers of cancellations and propose an alternative; to see to the needs of passengers with reduced mobility and their attendants; to inform passengers of their rights if they are denied boarding or if their flight is cancelled or significantly delayed, so that the passengers can properly exercise those rights.

The Bloc Québécois is in favour of adopting such a bill of rights, although it recognizes that airlines cannot be held responsible for any mistakes made by other industry players such as NavCanada, the Canadian Air Transport Security Authority or the Canada Border Services Agency.

It is important to answer two distinct questions regarding the motion we are discussing today. First, what are the responsibilities of all the service providers in the airline industry with respect to this issue? Second, what exactly are airline passengers' rights? The Bloc Québécois recommends that Parliament take decisive measures on a matter that is of vital importance to Canadians: creating guaranteed protection for the rights of airline passengers.

These measures will apply to all industry players involved in serving passengers. The industry as a whole will be responsible for implementing these measures.

I would now like to talk about the Standing Committee on Transport, Infrastructure and Communities, of which I am a member. In 2007, the committee heard a number of witnesses when it examined Bill C-11 concerning complaints about air travel.

The witnesses included Marie-Hélène Beaulieu and Christiane Théberge of Option consommateurs, a Montreal-based consumer advocacy group, Michael Janigan and Michael Pepper of the Travellers' Protection Initiative, and Fred Gaspar, Vice-President, Air Transport Association of Canada, all of whom appeared before us on October 5, 2006.

I would like to read part of Ms. Théberge's testimony:

The second concern we would like to address is with respect to [much-needed] airfare advertising transparency.

[Travellers' Protection Initiative] does not believe that the airlines will willingly change their advertising practices. We see every indication that they increasingly tend to break up their airfares and announce one way fares when these are not even available. We have seen cases where consumers, upon completing the transaction, had paid 25%, 50% or even 90% more the amount initially advertised by the airline.

In the past, the airline industry has promised to take voluntary measures but they never delivered the goods. We are therefore skeptical of arguments put forward by the airlines, in other words that the airline industry can be self-regulating with respect to consumers' interests. Despite years of discussions with the airline industry and a series of false starts, the airline industry has not moved voluntary on this issue.

We believe that the requirement to full disclosure, with details, should be firmly entrenched in the legislation and apply to all airlines which advertise in Canada. After all, air carriers providing services in United States are already subject to these requirements.

As I said earlier, many of the issues we are discussing today were addressed during the committee's study of Bill C-11. That bill was passed here at third reading, was passed by the Senate, and received royal assent on June 22, 2007.

This legislation provides enhanced consumer protection for air travellers. These enhancements were in addition to existing consumer laws. Under this legislation, airlines are now required to prominently display and post their terms and conditions of carriage at their business offices. This legislation also made permanent the informal and flexible complaints resolution process within the Canadian Transportation Agency. It integrated the role and functions of the Air Travel Complaints Commissioner with the authority and day to day operations of the agency.

In order for these new measures to be officially adopted following royal assent to Bill C-11, the Minister of Transport, Infrastructure and Communities has to approve them by order in council. Almost a year after the new legislation was passed—it has been just about a year now—these measures still have not been ordered by the minister.

This week, in the Standing Committee on Transport, Infrastructure and Communities, we passed a motion calling on the minister to appear before our committee in order to give us some follow up on his discussions with the industry, which might explain the delay in adopting the order in council regarding the provisions of Bill C-11.

Despite the passage of Bill C-11 nearly a year ago, it is clear that consumers are still not benefiting from the provisions of that legislation. This is why the Bloc Québécois will support the motion being debated here today: in order to do something about the Conservative government's failure to act when it comes to the rights of air travellers.

My colleague has had to move Motion M-465 in order to do something about the unwillingness demonstrated by the Minister of Transport, Infrastructure and Communities regarding the bill introduced by his own government.

If the motion were adopted and enforced, consumers would receive a good deal of publicly available, government sanctioned information.

My Bloc Québécois colleagues and I support the motion before us, in order to ensure that air travellers get the real protection they deserve and in order to strongly urge the minister to take action on this issue, which greatly concerns consumers.

Airline Passenger Bill of RightsPrivate Members' Business

June 4th, 2008 / 6:05 p.m.


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Fort McMurray—Athabasca Alberta

Conservative

Brian Jean ConservativeParliamentary Secretary to the Minister of Transport

Mr. Speaker, I rise to speak in favour of Motion No. 465, moved by the member for Humber—St. Barbe—Baie Verte.

Members of the House should realize that this motion is actually motivated by events that happened in Newfoundland during Christmas, 2007 and again in central Canada during reading week in 2008. In both cases Canada's airlines were flying full airplanes during a peak travel period. Indeed, in both cases severe storms closed major airports and resulted in hundreds and hundreds of flight cancellations. Because of the huge numbers of people travelling, the airlines had real trouble finding empty seats on other flights in order to accommodate the passengers from the cancelled flights. In some cases the airlines actually removed luggage from their airplanes in order to be able to carry as many extra passengers as possible. In another case one of the airlines actually added three extra wide-body jets for flights to one destination in a desperate effort to clear the backlog.

No jurisdiction anywhere has passed legislation that would force airlines to operate in a storm, or to bump paying passengers in order to accommodate other paying passengers from a weather cancelled flight.

This motion proposes a Canadian airline passenger bill of rights based either on the European model or U.S. legislation that has been proposed.

European regulation No. 261/2004 establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and deals with the very concerns raised in this particular motion, and it has the force of law. I will refer to it as the European charter. It deals with denied boarding, delays and cancellations.

Curiously though, the European charter does not deal with luggage at all. In that sense it does not address one of the most significant complaints of the Newfoundlanders whose Christmas nightmares prompted Mayor Woodrow French and Mayor Graham Letto to call for this motion.

Furthermore, article 5(3) of the European charter takes away a passenger's right to compensation if the airline is forced to cancel a flight due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Extraordinary circumstances clearly include weather conditions that are incompatible with the operation of the flight.

The European Directorate-General for Energy and Transport stresses the importance of flight safety in evaluating weather as an extraordinary circumstance. It states:

Weather conditions are by their nature unpredictable and it is not therefore possible to create an exhaustive list of the circumstances that may lead to weather related disruption. In evaluating an incident, [one] has to bear in mind that the safety of flight operations has to be the overarching priority and should therefore consider each incident on its own merits.

The Canadian approach is similar in that it recognizes, for this government especially, that safe operation of the aircraft is absolutely paramount. In fact, Canada's air transportation regulations specifically excuse “delays due to weather conditions affecting safety or abnormal operating conditions”.

However, the motion also refers to legal instruments being either proposed or enacted by jurisdictions within the United States for the purpose of protecting passenger rights.

The major advocate of airline passenger rights in the United States is Kate Hanni, president of the Coalition for an Airline Passengers' Bill of Rights. She is very familiar with existing airline passenger rights in the U.S. and understands that a European style bill of rights is not what North America needs. Her 11 point bill of rights focuses almost entirely on providing relief to people stranded for hours on an airplane. The only other major new idea is to compensate bumped passengers, or passengers delayed due to flight cancellations or postponements of over 12 hours, by refund of 150% of the ticket price.

Although there are various legislative proposals in the United States, none at this time have the force of law. I repeat: none. The only one ever to be passed by a legislature, specifically New York state, dealt almost exclusively with rights for passengers detained on an aircraft prior to takeoff or after landing.

Before members of Parliament spend a lot of time examining legislation in other countries, it would probably be very helpful to look at the current Canadian situation.

First, after researching this, I will note that it is important to understand that Canadian air travellers have more legislated rights than travellers in any other country in the world. That is right: currently we have more legislated rights than anywhere else in the world.

Further, through the passage of Bill C-11 just recently, the government has strengthened the complaints provisions in the Canada Transportation Act and requires airlines to publish their tariffs or the terms and conditions of carriage for both domestic and international travel. The Canada Transportation Act requires Canadian airlines to actually file their tariffs with the Canadian Transportation Agency. This makes those tariffs legally binding.

The United States does not have a realm of legally binding passenger rights at this time. The European realm has inconsistent enforcement and, as I said, does not cover baggage claims. In practical terms, Canadian travellers already have far more rights, with better enforcement, than travellers in either the United States or Europe.

Canadian travellers currently have the following rights. I would like to go through them. First, there is compensation for denied boarding. Second, there is compensation for flight cancellations. Third, there is care during delays. Fourth, there is compensation for lost or delayed baggage.

First, on compensation for denied boarding, in order to be eligible for denied boarding compensation a passenger has to meet the airline's minimum check-in time. In a situation where an aircraft is oversold or a smaller aircraft is substituted at the last minute, it is the practice of Canada's airlines to call for volunteers to take a later flight. Indeed, typically a volunteer will be offered a credit for future travel of $100 or more as well as transport on a later flight.

If there are not enough volunteers, though, passengers may be denied boarding on an involuntary basis. Here, the passenger is typically offered free transport on another flight or a refund of the fare paid. In cases where the airline's next flight is not relatively soon, the carrier will often try to get the passenger a seat on another airline flight, even if that seat costs more than the passenger paid.

Where a passenger must wait another day to take the airline's next flight, the carrier will pay for meals, hotel accommodation and airport transfers as necessary. I know this because it recently happened to me. The carrier was very accommodating.

Second is compensation for flight cancellations. If a Canadian airline cancels a flight, the airline will undertake to ensure that the passenger is routed or transported to his or her ultimate destination as per the contract of carriage, within a reasonable period of time and at no extra cost to the traveller. If this cannot be done, the passenger is actually offered credit for a future flight or a full refund.

Third is care during delays. If the delay is within the carrier's control, such as a mechanical problem, the carrier will pay for meals as well as a hotel stay and airport transfers if appropriate.

Finally, there is compensation for lost or delayed baggage. If an airline loses a passenger's baggage, it will pay provable damages or a minimum financial compensation. The actual amounts vary by airline, but in each case the full legal details are contained in the airline's tariffs. They have the force of law in Canada and they are enforced by the Canadian Transportation Agency.

In conclusion, even though Bill C-11 received royal assent a year ago, most Canadians do not know what the rights of air passengers are or how to go about enforcing those rights. Thus, as a result of the passage of this motion and the support by this Conservative government, Canada will take steps to publicize passenger rights of Canadians and the ways to enforce those rights. This is good news for Canadians.

Airline Passenger Bill of RightsPrivate Members' Business

April 17th, 2008 / 6:20 p.m.


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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, I hope that I will be equal to the task of demonstrating the degree of respect you have observed.

I want to compliment my colleague from Humber—St. Barbe—Baie Verte because I think he presented his motion in a most precise, persuasive and, I might say, compelling fashion.

I note that in part of our discussion we highlighted some of the points by focusing on what happened in the beginning of March. However, I remind all colleagues who have made some very thorough and thoughtful presentations that the motion was actually presented before the events of the beginning of March which underscored the need for this motion.

I think that the motion has stimulated good debate. I want to focus on a couple of points, if I might, first, before I carry on.

This is a debate that has been long overdue. We have, from Canada's four major airports, at least 60 million passengers utilizing plane service every year. That is twice the population of Canada. So, as my colleague in his motion indicated this is not a service for the elite; it is for everybody. We have come to point where we need to address the specifics about good service. It is time, as my colleague from Windsor West said, that Canada got with the program.

The Europeans have gone through this kind of turmoil. They continue to go through turmoil, but they have recognized that what needs to be put in place is a rules-based system to which both the service provider and the client can point to for an appropriate level of service.

My colleague from Argenteuil—Papineau—Mirabel says more or less the same thing. He says what we need to do is point the finger at all of those who have a responsibility but the responsibility, first and foremost, rests with the regulator.

My colleague from Abbotsford pointed out that perhaps we might be moving a little too quickly on this, and perhaps unnecessarily so, because we have already passed Bill C-11 in this House after some thorough discussion in committee and that provides the bases for a bill of rights, that is, a series of services to be provided by the carrier to its clients whether they be passengers or material that needs to be transported. So, we are dealing with a system that is not only a transport system but it is a transportation system.

I dare say, if I might, that we can add that this is no longer just a service; it is in fact an experience with real live individuals. Roughly 60 million of them a year in Canada are engaged in just those four major airports.

Back to what my hon. colleague from Abbotsford indicated in Bill C-11. There is a clause, clause 27, that calls on the government to help put in place what we might refer to in this motion as a bill of rights, to work with the industry, to consult with all the stakeholders, and to come forward with a basic standard of service criteria to which everybody can point. The government has not acted on that, yet.

Furthermore, there is another clause in Bill C-11, and I know my colleague knows this for sure because he, along with me and the member for Windsor West and the member for Argenteuil—Papineau—Mirabel worked on this in committee, clause 64, that imposes on the cabinet an obligation to ensure that clause 27 is enacted. In other words, that those consultations take place and that the criteria, the regulatory framework, be put in place.

Not only has been clause 27 not been acted upon, clause 64 has virtually been ignored and so, one should not be surprised that my colleague would present Motion No. 465 in order to address these issues.

It is important for us to get a handle on that relationship between carriers, for example, one of them, Air Canada, who last year reported operating revenues in excess of $10.5 billion, and its vast clientele. There has to be a relationship where the clients, the passengers, can accede to a rules-based system that says this is what we contract to receive. I pointed out Air Canada perhaps unfairly. It is all carriers.

I point to Air Canada because my colleague from Windsor West and I both were part of the panel. I see that he pointed to it again today, that in response to the activities to the events of last March, instead of looking at how to enact some of these rules voluntarily, Air Canada came forward with a package that said “pay $25 or $35 and you can enhance your service”.

Now we are talking about increasing prices for a level of service that everyone expected would be part of the ticket price initially. I do not know whether that was good public relations or not. The people who we deal with at Air Canada are always wonderful people, but certainly the company in this instance made an error.

However, this motion is not in response to that error. It is in response to a genuine need, a get with the program need for Canada to join such other countries like those in the EU and the United States in coming forward with a bill of rights that says that passengers are entitled to this kind of service.

It cannot simply be case of caveat emptor. It has to be a case where there is a reciprocal obligation implied, understood and accepted by the carrier that receives the money as its part of the contract.

My colleague from Argenteuil—Papineau—Mirabel says we should include as well all the other service providers. He points to the fact that the Air Transport Association of Canada says it accepts this concept in principle. It does accept it, but we should bring into the equation all those other associations, many of which operate thanks to the regulator's authority, for example, Transport Canada, and that is fine.

However, my colleague's motion is very specific about what should be included. It does not necessarily point to what CBSA and CATSA and what anyone else might do. They have their responsibilities under a different set of regulations and they are held accountable for them. They should be held accountable for the service that they must provide not only to the airport authorities or to the carriers but to the passengers as well.

The most important thing is for this House to be seized with the thrust of the motion. The thrust of the motion says there are already models for us to follow. People have already gone to court to ensure that some of these be enacted, witness the example in the United States that my colleague so rightly pointed out.

However, there are also examples in Europe and 27 European countries are getting together and accepting it. All 27 countries and jurisdictions are in a position to adopt a bill of rights that addresses specific items. My colleague from Abbotsford said yes, but there are three specific areas. Three specific areas no doubt, but there are an addition 12 others that indicate the kinds of elements that must be addressed in this bill of rights.

We have models. We have American models and we have European models. There is no reason why we cannot adopt both. As the mover says, if everyone else can provide that service and constrain our carriers to provide that service when they fly over foreign airspace, why can those same carriers not be constrained, compelled and encouraged to provide a bill of rights for those same passengers over Canadian airspace?

That is the essence of this motion. Let Canadian passengers be treated on a par with Canadian passengers flying other carriers in other jurisdictions. We should offer no less and I encourage this House to adopt my colleague's motion.

Airline Passenger Bill of RightsPrivate Members' Business

April 17th, 2008 / 6:10 p.m.


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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, it is a pleasure to speak to Motion No. 465 this evening. The NDP supports this motion.

About a month ago, I issued a challenge to the government to bring forward a passenger bill of rights. Motion No. 465 is very complementary to that. I would like to read the motion for those who are joining the debate tonight.

The motion is very open and also provides a mode of flexibility and has been crafted in a very good way. The member should be recognized for that because it provides an opportunity to have a good debate about airline passenger service in this country and the way in which problems and issues are dealt with and whether or not we are satisfied with the status quo.

Most people across the country are not satisfied. Most people recognize that, not only in the European Union but also in the United States.

The motion addresses a few of the concerns. I am concerned that members of the Conservative Party do not want to participate in this type of process. This process would be helpful and would also get to other airline issues that need to be debated in this country.

The motion states:

That the House call upon the government to bring forward an airline passenger bill of rights similar in scope and effect to legal instruments being either proposed or enacted by jurisdictions within Europe and the Unites States...

I will halt there for a second, because what the member has done, and this is what I was concerned with in regard to the government's presentation, is clearly outlined that other jurisdictions have enacted legislation, for example in the European Union. The Bloc member went through some of the details of that legislation which was to deal with very difficult problems that the EU had and the EU felt that it had to enshrine something.

The member also recognizes the fact that the United States is going through a process. There is a bill in the house and a bill in the senate in the United States with respect to a passenger bill of rights. There has been a significant change in the U.S. airline industry and it has rocked the nation in many respects. There are going to be continued issues around passengers and their ability to get value because there is going to be another potential merger. There has been a lot of change, a lot of bankruptcies and many other issues. We have seen all too often footage not just in terms of weather delays but also cancellations related to aircraft being grounded and airlines that have gone bankrupt. A lot of travelling Americans and Canadians have been left high and dry.

These are very important issues. The member has acknowledged that those are the ones to be looked at.

When we look at this issue we cannot put our heads in the sand and say that the European Union has not solved everything and the United States has not quite done it yet so we should just forget about it and wait and see what happens.

There is an opportunity in the House to actually engage in this. Airline travel involves everything. We travel on personal visits with our families and our friends but airline travel is also very important for business and economic development across the country, especially as we are looking at competing in larger markets.

These issues are very important. When a person purchases a ticket, it should come with some basic rights. That is what we are really getting at.

The motion continues:

...for the purpose of protecting passenger interests in a consistent and rules-based way...

I want to stop there. When we talk to airline passengers and when we talk to people who work in the industry itself, the rules based approach is very important. People do not understand all these aspects. There are hidden charges. I know the industry is very concerned with a number of different fees that have been added on by the government. One example is the airline security tax. There have also been increased costs for landing fees. Also Nav Canada has been allowed to accumulate over a $60 million surplus. All these costs have to be passed on to the passenger.

There is concern from the industry that there has not been a real review of those types of things and those costs get passed on to the consumer. Similarly, there has to be a rules based approach when it comes to expectations when a person buys a ticket.

Bill C-11 was mentioned, but the fact of the matter is even when there is legislation the government has failed to live up to some of the principles of the legislation. In particular on Bill C-11 there was supposed to be consultation with different groups of Canadians about how to bring in a ticket pricing element that was fair and transparent.

CBC's Marketplace had very good program that outlined how some ticket prices have increased 50% because of fuel charges. People see a flight advertised at a certain price, but when they go to purchase their ticket, they are in for a big shock. We should have a rules based approach on issues like that so consumers know when an advertised price includes that charge, when it does not and all the airlines would have to follow that.

Having that element specifically mentioned in the motion gives some good ground to create fairness. This would create expectations not only with regard to when passengers should arrive, but what they should do to prepare themselves for air travel and what they should do in their conduct in air travel. Also, there would be an understanding of the company's obligations so that passengers can meet those types of conditions.

I have talked to representatives of some of the companies. They have expressed a bit of concern around issues related to checking in and so forth. For example, if there are not enough security officers to screen people, there is a problem. If people arrive too late, there is a problem.

In this debate, we can look at that context. We can look at the issue of whether the security charge that has been applied and continued by the government is going to be one that has value in terms of making sure that air travel is safe, but also making sure that we are going to reduce wait times and meet a mandate within a passenger bill of rights. Those issues can now come to the forefront.

The end of the motion is important as well. It talks about:

...adequate compensation being offered by the airline industry to airline passengers who experience inconveniences such as flight interruptions, delays, cancellations, issues with checked baggage and other inconveniences incurred while travelling on commercial passenger airline services originating from anywhere in Canada.

It refers to “such as”, and therefore, it does not have to be exclusively those items. The items can be looked at to determine whether they are appropriate or not, but at least it opens up that opportunity.

It is important to note that some airlines are actually moving on some of these items right now but they are charging extra fees for them. One airline has introduced a new service where for $25 or $35 passengers rise up a level and are able to bump other passengers. There are also emails and other services with regard to food and hotel accommodation.

Some of those things should be included in the price of the ticket right now but they are going to offer those services, the costs of which are going to be passed on to the customer. It is going to create another class of individuals who will be able to afford that $25 or $35, depending upon the fee, who will then purchase better tickets than other people who did not want to put that money on the table or could not afford to put out that money. That is important, because if we do not set some minimum standards and expectations with regard to airline passenger travel, then the companies are probably going to take advantage of customers. That is not right.

I only have a couple of minutes left, but I want to touch on a couple of issues. The issue of the Cuba to Montreal flight was mentioned. It is really important to acknowledge that those people were stuck on a plane for over 10 hours without the proper hygiene, nourishment or supports. They were having to sit in those seats for a long period of time. The basic health and sanitation systems had failed on the plane, and it took a 911 call to get some action.

That is enough to say if this extreme situation is going to happen in our country, in our nation's capital, there needs to be a change. We cannot simply leave things to the courts and other types of operations where there are no expectations or rules. We need to establish a bill of rights.

I will conclude by pointing out that we are going to once again have an opportunity to move forward on this or we will fall behind and watch our competition move ahead. It is important to point out that we will lose out on this.

In my area, many people choose to fly from Detroit, Michigan as opposed to going from Windsor on another air carrier to Toronto. That is because of the extra rights they are granted. The airlines and groups that are involved want to develop something right now. They want to clear the air. This motion is a start.

Airline Passenger Bill of RightsPrivate Members' Business

April 17th, 2008 / 5:50 p.m.


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Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I want to thank the member for bringing this motion forward. In principle, I do support the motion. Whatever we can do to strengthen consumer rights in Canada is welcomed.

I am also an air traveller. I travel every week to and from my riding, and I know what it means to be delayed, to sit on the tarmac waiting for a plane to take off.

I want to start by unequivocally stating that our government is committed to consumer protection for Canadians. Our country has a solid, effective and constantly improving consumer protection regime, and that applies to those Canadians who travel by air.

Canada's approach to air travel has always been to put the safety of the travelling public first. That is non-negotiable. That is why Canada is a world leader in aviation safety, as the member mentioned. Canada has even been cited by the International Civil Aviation Organization as having among the best safety standards in the world. Safe operation of our aircraft is our paramount consideration.

What about some of the other aspects of air travel? What about the comfort, safety and convenience of the travelling public?

The motion before us asks us to do a number of things. It calls upon our government to protect air passengers' consumer interests in a consistent and rules based way. It also asks us to provide adequate compensation to air travellers who experience inconveniences and delays on commercial flights originating in Canada.

The motion seeks to address those concerns by formally calling upon our government to implement a passenger bill of rights similar to the one in Europe and the one in the United States. Let us look at those models. Let us first review the situation in the United States.

As it turns out, the United States actually has no national passenger bill of rights. Although the state of New York tried to adopt a law which would have addressed health and safety concerns related to long delays on the tarmac, the U.S. Court of Appeals actually struck down the law. Despite past efforts, the United States has never been able to implement a broad passenger bill of rights to date.

Not only does the United States not have a passenger bill of rights, but it does not even have a complaints mechanism available to passengers. A discontented passenger is left to deal directly with the airline and has no other recourse for resolution aside from the courts.

Only Europe has a passenger bill of rights at this time, and it is appropriate for us to reflect on the particular circumstances of that bill of rights.

The fact that the European Union has some 20 different member states, many with their own air carriers, explains why the EU was so anxious to have a consistent set of rules and approaches to consumer complaints.

What was worse was that in Europe there were persistent challenges with congestion and overbooking, challenges which existed as early as the 1990s, which is approximately when the European passenger bill of rights was originally introduced. The European aviation industry was known to regularly overbook passengers, cancel undersold flights and make refunds very difficult.

Europe also faced serious challenges when its airline industry saw over 35 low cost carriers exit the market between 2003 and 2006. That in itself would have been a huge blow to consumer confidence in the European airline industry.

The European Union passenger bill of rights addresses specific situations where either boarding is denied by the carrier or flights are cancelled or delayed for a long period of time.

That bill of rights also requires each member state to have an enforcement body to deal with consumer complaints. Surprisingly, its enforcement process has many similarities to our Canadian approach. Just as in Canada, enforcement bodies in the EU provide recourse to passengers for complaints not resolved by the carrier.

However, European Union resolution of complaints is limited to the very issues I have already articulated: denied boarding, cancellations and delays. This is different from our system where our complaints enforcement body, the Canadian Transportation Agency, has a much wider mandate. The agency has the power to address a wide variety of air traveller complaints as reflected in the broad range of carriers' terms and conditions.

The EU passenger bill of rights does not address the concerns raised by the United States regarding lengthy delays on the tarmac, nor does it address the issue of lost baggage.

Let me elaborate further on the situation right here in Canada.

I would first like to address the unfortunate circumstances that have probably triggered the motion before us. Let us not beat around the bush. This last winter was a tough one for Canadians. It is easy for me to sympathize with those people who were victims of delayed and cancelled flights during the 2007 Christmas holiday season as a result of the winter storms in eastern and Atlantic Canada. I happened to be one of those passengers. Indeed, some Canadians rely on air transportation as their only means of travel. It is also regrettable that vacationers had their reading week and spring break trips cancelled or significantly delayed as a result of the massive storms that hit Toronto, Ottawa and Montreal on March 8 and 9. These were very unfortunate events that are a product of our northern climate.

I began my comments with the statement that we in Canada are fortunate to have strong consumer protection laws. Let me take a few minutes to remind members of what that regime actually entails.

In Canada, as in most other countries, the terms and conditions of carriage are set by carriers that compete aggressively with each other. They are not set by government. This approach is consistent with our privatized air industry framework which relies heavily on the competitiveness of the marketplace to ensure that terms and conditions of carriage are reasonable and fair.

In Canada, airline passenger rights are protected through the provisions in the Canadian Transportation Act. All carriers operating within Canada or arriving or departing from Canada are required to develop terms and conditions of carriage and to make them readily accessible to the public. The information contained in the carrier's terms and conditions of carriage is important to consumers because it sets out that carrier's obligations and commitments to passengers.

As my colleagues in this House know all too well, the Canadian Transportation Act was recently amended unanimously by the Standing Committee on Transport, Infrastructure and Communities. I am a member of that committee and I was part of that review process.

Bill C-11, an act to amend the Canada Transportation Act, was passed and received royal assent in June of last year. It included enhanced consumer protection for air travel. These enhancements were in addition to existing consumer laws that we already had in place. I would like to list some of those improvements we made under Bill C-11.

Under that bill airlines are now required to prominently display and post their terms and conditions of carriage at the business offices of their domestic airlines. Bill C-11 also made permanent the informal and flexible complaints resolution process within the Canadian Transportation Agency. It integrated the role and functions of the Air Travel Complaints Commissioner with the authority and day to day operations of the agency.

The changes introduced under Bill C-11 are improvements to an already open and transparent reporting process. It is also important to understand how the complaints process in Canada works.

Canadian passengers are first required to address their complaints directly to the airline. To me, that seems reasonable. They then have recourse to the Canadian Transportation Agency if they are not satisfied with the carrier's response. Consumers can also seek redress and file a complaint with the agency if an airline fails to follow its terms and conditions of carriage. As a result of the complaints process, the agency can then assess monetary damages, if appropriate.

When considering whether to introduce our own passenger bill of rights, we have to consider many of the elements that are already in place in Canada. These are terms such as those that lay out the obligations of a carrier when flights are cancelled or delayed, conditions that determine how lost baggage is dealt with, which does not happen in the European Union, and an existing thorough and comprehensive complaints process.

The bottom line is that Canadian air passenger consumer protection laws are much stronger than those in the United States, and they more than hold their own when compared to the passenger bill of rights in the European Union.

Let us wind up this discussion by simply saying that Canada should not sell itself short. We are doing a good job in the area of consumer protection. What I do not want to do is till soil that has already been thoroughly tilled.

While I do not for a moment question the motives of the mover of this motion, I am not yet certain that a new passenger bill of rights is absolutely necessary, but I am certainly open to hear his remarks and the rest of the debate on this motion. I am certainly open to having my mind changed on this issue.

Airline Passenger Bill of RightsPrivate Members' Business

April 17th, 2008 / 5:45 p.m.


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Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, the member and I share a concern that consumer protection be robust in Canada, especially for those who use the airlines to travel. He made specific reference to a model that I think he would like us to follow, the model used by the European Union, which has a bill of rights for airline passengers.

Given the fact he has quoted that as a model, could he elucidate for us a little further the advantages that model would have over Canada's current system? Perhaps he could also comment on Bill C-11, which was passed in the last Parliament and which seriously enhances consumer protection for airline passengers in Canada?

Air TransportationStatements By Members

April 10th, 2008 / 2:05 p.m.


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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, on February 27, 2007, the House passed Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts. This bill, for one, required airlines to provide details about pricing when tickets are sold.

Amendments from the Senate, supported by the Conservatives and the Liberals, who gave in to pressure from airline industry lobbyists, removed this requirement. The Bloc Québécois was opposed to these amendments, believing that they went against the collective good. One year later, airline companies continue to hide fees from consumers. This is unacceptable.

As it stands, there is no law or regulation requiring airline companies to publicly declare all of the fees included in ticket prices, unlike travel agents and wholesalers in Quebec and Ontario. The Minister of Transport, Infrastructure and Communities must step in immediately and require that airlines publicize all of the fees included in tickets sold to passengers.

Message from the SenateRoyal Assent

June 22nd, 2007 / 12:20 p.m.


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The Speaker Peter Milliken

I have the honour to inform the House that when the House did attend Her Excellency the Governor General in the Senate chamber Her Excellency was pleased to give, in Her Majesty's name, the royal assent to the following bills:

Bill C-12, An Act to provide for emergency management and to amend and repeal certain Acts--Chapter 15;

Bill C-294, An Act to amend the Income Tax Act (sports and recreation programs)--Chapter 16;

Bill S-6, An Act to amend the First Nations Land Management Act--Chapter 17;

Bill C-40, An Act to amend the Excise Tax Act, the Excise Act, 2001 and the Air Travellers Security Charge Act and to make related amendments to other Acts--Chapter 18;

Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts--Chapter 19;

Bill C-277, An Act to amend the Criminal Code (luring a child)--Chapter 20;

Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act--Chapter 21;

Bill C-18, An Act to amend certain Acts in relation to DNA identification--Chapter 22;

Bill C-60, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2008--Chapter 23;

Bill C-14, An Act to amend the Citizenship Act (adoption)--Chapter 24;

Bill C-47, An Act respecting the protection of marks related to the Olympic Games and the Paralympic Games and protection against certain misleading business associations and making a related amendment to the Trade-marks Act--Chapter 25;

Bill C-61, An Act to amend the Geneva Conventions Act, An Act to incorporate the Canadian Red Cross Society and the Trade-marks Act--Chapter 26;

Bill C-42, An Act to amend the Quarantine Act--Chapter 27;

Bill C-59, An Act to amend the Criminal Code (unauthorized recording of a movie)--Chapter 28;

Bill C-52, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007--Chapter 29;

Bill C-288, An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol--Chapter 30.

It being 12:23 p.m., the House stands adjourned until Monday, September 17, 2007, at 11 a.m., pursuant to Standing Orders 28(2) and 24(1).

The first session of the 39th Parliament was prorogued by royal proclamation on September 14, 2007.

Canada Transportation ActStatements By Members

June 19th, 2007 / 2:05 p.m.


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Conservative

Steven Blaney Conservative Lévis—Bellechasse, QC

Mr. Speaker, our government introduced a bold bill to regulate the activities of railway companies, particularly to deal with noise in the vicinity of marshalling yards.

This bill was debated at length and was even improved by members of all parties in committee, after lengthy discussions, in order to protect citizens and to ensure that their rights are respected.

Unfortunately, the Senate diluted the bill by giving in to pressure from the railway companies. Consequently, Bill C-11 will not benefit from the improvements made by the members of this House. It is regrettable that some members of the Senate substantially altered a bill adopted by Parliament and did not respect the will of those elected by the people, even members of their own party.

Rather than playing ping-pong with the Senate and having the bill delayed indefinitely, we will forge ahead in order to provide Canadians with the means to limit unreasonable noise near marshalling years, after years of waiting. Despite the obstacles, our government is doing its job.

Motions in AmendmentAeronautics ActGovernment Orders

June 19th, 2007 / 11:50 a.m.


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Bloc

Robert Carrier Bloc Alfred-Pellan, QC

Mr. Speaker, I am pleased to speak today at the report stage of Bill C-6. After first reading and the debate at second reading, the Bloc Québécois was opposed to the bill. We had a lot of concerns about comprehensive safety management systems, which came with no guarantees that the detailed inspections by federal check pilots could continue. At the same time, there were many signs that the number of check pilots would be reduced in the future.

My colleague from Argenteuil—Papineau—Mirabel and I studied the bill carefully. The committee held 11 meetings to hear witnesses from all the stakeholder groups—pilots, federal officials, lobby groups—and six special meetings to examine the bill clause by clause. After studying all the clauses, we wrote a report, which was recently tabled in the House and proposed 20 amendments to the bill.

The Bloc's concerns have to do with the safety management system and the designated organizations, because we did not have a clear idea of what responsibilities they would have in the overall system.

We heard the different parties, including Justice Moshansky, an aviation expert who even conducted an inquiry into a plane crash. He said that the clause on designated organizations should be kept, but with provision for oversight. This is what we did, as it was clear to us that, in light of all the positive comments we had heard, this safety management system could give good results.

However, we made sure government inspections would continue, in particular by means of the Bloc amendment, which stated:

The Minister shall maintain a program for the oversight and surveillance of aviation safety in order to achieve the highest level of safety established by the Minister.

We proposed this amendment, which was included in our committee report, because we wanted to ensure that the inspections that are already part of the air transportation system would continue, despite the more general implementation of safety management systems.

In this way, we made sure that Transport Canada would not just have audits of the systems themselves done and not carry out its own visual and technical inspections of aircraft. By doing this, we are bringing about what the minister and the department were talking about—a dual safety system—and not just replacing inspections with a safety system. Continuing with the inspections and implementing the systems across the board ensures that, as a basic principle, all companies will be governed by a safety management system. We can at least rest assured, thanks to the continuing inspections, that the system itself will improve safety overall within companies.

However, I am particularly disappointed that 16 last-minute amendments are being introduced at this stage. Of these, 10 or 12 have been moved by the NDP. One amendment asks for the elimination of clause 12. We studied designated organizations together at length and now, all of a sudden, we are told that all that will be eliminated, at the last minute, even though these views were not accepted when the bill was studied in committee.

The most surprising is the government's amendment No. 2, which seeks to eliminate everything pertaining to safety systems. The NDP, the Bloc and the Liberals worked together to come up with a good definition, which was not in the legislation. It is a matter of regulations, establishing regulations for safety management systems.

We went to the trouble of spelling out the definition of these systems. Suddenly, at the last minute, just before the vote, the government wants to eliminate this definition—which is very binding for the government, it is true—that allows us to give our full support to this bill.

My colleague read it earlier, but I think it is important to read it again:

(c.1) safety management systems and programs that provide for

(i) the appointment of an executive

(A) responsible for operations and activities authorized under a certificate issued pursuant to a regulation made under this Act, and

(B) accountable for the extent to which the requirements of the applicable safety management system or program have been met,

(ii) the implementation, as a result of any risk management analysis, of the remedial action required to maintain the highest level of safety,

(iii) continuous monitoring and regular assessment of the level of safety achieved, and

(iv) the involvement of employees and their bargaining agents in the development, implementation and ongoing operation of the applicable safety management system or program;

This is a set of obligations for companies and their staff to ensure real involvement in this safety management program.

We also looked at railway safety, where safety management systems were implemented roughly five years ago.

We heard from a number of witnesses during consideration of safety. Most of the witnesses said they had never heard of a safety management system in their company.

With this legislation, we want employees and bargaining agents to be involved and play an active role in the safety management system. We do not just want to have a nice system that comes from management and is in the company's files, but does filter down to the core to ensure full involvement of the entire company.

Today, the government is proposing to eliminate this entire nice definition that we worked on together. It is not very reassuring as far as any wish they might have to implement a good safety management system, which we subscribed to only after examining it and hearing from all the witnesses.

I noticed earlier that the representatives of the official opposition will not support such an amendment. They took part in this, just as we did. We do not want this amendment to be adopted. They put forward three or four other admissible amendments that simply make corrections to the text.

I hope this amendment will not be adopted. I also hope that after the bill has been considered by the other place, there will not be any surprises, like the ones we had with Bill C-11.

Canada Transportation ActGovernment Orders

June 14th, 2007 / 6:55 p.m.


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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I am pleased to have this opportunity to rise in the House to speak the a bill that has just come to the House for second reading. Therefore, we are debating the bill in principle. It is an act to amend the Canada Transportation Act, railway transportation. I know the NDP transportation critic, the member from Burnaby—New Westminster, has already given a lot of thought to the bill.

In looking over the bill, the NDP is prepared to support Bill C-58 in principle. We will very carefully examine it when it goes to committee. Obviously witnesses need to be heard and we will look at moving amendments that stage of the review. At this point we feel the bill deserves support in principle. It seems to address some of the valid concerns shippers have had for many years over the current conditions of the Canada Transportation Act, which allow for the potential of use of market power by railways.

We believe the intent of the bill is to lower the shipping costs for farmers, and that is very important. Farming in the country has so much Canadian history, culture and heritage. It is increasingly difficult to carry out, in part because of the shipping costs farmers face. It is very important the committee have the opportunity to examine the bill and amend it to deal with the concerns of farmers and shippers.

There is no question that the Canadian Pacific Railway, CP, and the Canadian National Railway, CN, have a virtual duopoly on shipping prices, which is an interesting term. We often talk about a monopoly, but in this context we have a duopoly. There is also no question their financial stranglehold is choking Canadian shippers that rely on the rail system to transfer their products from the farm to the marketplace. Under the current environment, transportation costs are the second or third highest cost of business for bulk shippers. Under this duopolistic regime, these shippers do not have an alternate way to transport their products. This is the reason for the bill.

This is a very serious situation for shippers and the goods they ship from our farming communities. They rely on these railways to get their products across the country or to international market, yet there has been this monopoly stranglehold that has produced a very difficult financial situation.

Although there are over 30 federally regulated railways in Canada, many freight rail customers are captive shippers. That is, only a single railway company offers direct service to their area. For these shippers the railway transportation is not naturally competitive and in the absence of adequate legislative measures, there is a tendency for the railway company to take advantage of its position as a monopolist in a region. Again, that is a very serious situation where local producers and shippers have no competition. They have to rely on a single server, a single railway company, and are held completely captive. I cannot imagine anyone would consider that to be a healthy business environment.

A monopolistic railway would have an incentive to offer lower levels of service at higher prices than it would under competitive market conditions.

Shippers believe this problem must be alleviated with modifications to the Canada Transportation Act that can facilitate real competition.

We heard from the member opposite a while ago. We know that in 2005 the previous government brought in Bill C-26, which allegedly sought to amend the Canada Transportation Act to deal with some of these problems. It needs to be said on the record, that bill was denounced by the Western Canadian Shippers’ Coalition and by other interest groups because they saw it as a half measure. It was not, in any substantive, way dealing with the very real problems these shippers had. In fact, ultimately that bill failed and did not become law.

Now we have a new bill that was introduced by the transport minister on May 30. We believe that this bill has had a more favourable response than the previous bill put forward by the Liberal government. That does not mean it is a perfect bill, but as we are debating it here in principle, we think it merits support and should go to committee.

One of the positive impacts of this bill is that it will remove the requirement for the Canadian Transportation Agency to be satisfied that a shipper would suffer substantial commercial harm before it grants a remedy. I think this is a very key point. The current requirements are so onerous that it becomes very difficult for any mechanism that would grant a relief to any shipper to kick in, so that effect of this bill is very important.

The bill will also extend final offer arbitration to groups of shippers on matters relating to rates or conditions for the movement of goods, provided that the matter submitted for arbitration is common to all and the shippers make a joint offer that applies to them all.

Again, we see that as a positive measure that will allow groups of shippers to act together to take advantage of final offer arbitration in a more flexible way than before. They can have a reasonable expectation there is going to be a settlement when a conflict has occurred.

The bill also allows for the suspension of any final offer arbitration process if both parties consent to pursue mediation. Again, it provides a flexibility, which we think is important.

It also permits the Canadian Transportation Agency, upon receiving a complaint by a shipper, to investigate charges and conditions for incidental services and those related to the movement of traffic contained in a tariff that are of general application, and to establish new charges or terms and conditions if it finds those in the tariff unreasonable.

I am certainly not an expert in this area. The New Democratic Party's agricultural and transport critics are both very well versed in this. Our general opinion is that these provisions will provide a greater sense of certainty and an ability to resolve problems when they arise by ensuring that where there are complaints made they will be investigated. The CTA would have the ability to establish new charges or terms if it finds the current situation is unreasonable.

The bill will also increase the notice period for augmentations in rates for the movement of traffic from 20 to 30 days to ensure that shippers receive adequate notice of rate increases. This is obviously very important. It will require railways to publish a list of rail sidings available for grain producer car loading and give 60 days' notice before removing such sidings from operation.

Again, we believe this is very important. It has been a longstanding problem for the shippers. They do not get adequate notice. One operates a business and understands a certain set of conditions, but then suddenly things change. The list of rail sidings may change and may not be available to the shipper any more. Obviously that would have a very dramatic and unnecessary impact on a local shipper.

This bill also ensures the abandonment and transfer provisions apply to lines that are transferred to provincial short lines and subsequently revert to a federal railway, including the obligation to honour contracts with public passenger service providers.

We do know that at this point the bill has been supported by the Canadian Wheat Board and the Western Canadian Wheat Growers Association. It is important that we note their support.

When this issue was before the agriculture committee just about a month ago in April, Mr. Martin VanderLoo, the president of Huron Commodities Inc., spoke before the committee. His testimony reflected and highlighted very well the current problems for these shippers and producers in dealing with the present environment under the Canadian Transportation Agency.

I will quote for members some of his testimony before the committee:

Huron Commodities moves oats from western Canada to Ontario for processing and further export to the United States. We ship oats from Ontario and Quebec to the U.S. via rail. We ship rye from Ontario and western Canada to major distillers and flour millers in the United States via rail. We ship food-grade soybeans to Japan and Southeast Asia via rail to the west coast and ocean freight further on.

Over the years, we've seen increasing rail transportation costs with severely declining rail service. All the while, Canadian railroads are posting consistent record profits. Although we're not opposed to supporting a profitable railroad, we don't agree that it should be done at the expense of the farmer. For example, as mentioned earlier, we ship oats from western Canada to Ontario for further export to the United States. Unless we are a mainline shipper in western Canada, willing to ship 100-car-unit trains to the west coast, we are just denied service. The same situation is the case with our rye shipments out of western Canada. Unless we can provide 100-car shipments to the railroads for export to the U.S., they are simply not interested.

The railroads have consistently refused to spot cars for any of our shipments, jeopardizing our reliability as a shipper to our customers.

Mr. VanderLoo said to the committee:

We ask you to push for immediate regulatory reform to the Canada Transportation Act before we lose further markets we currently hold.

I wanted to read that into the record because to me it is a very good example of what is at stake here. Here we have companies that are doing their best to operate within the existing system, but they are held captive by these two rail companies. They do not get adequate notice. Provisions can change. They do not get notice of the rail sidings that are changing. It makes their business operations insecure and it makes their operations difficult, with these rail companies racking up huge profits all the while.

Earlier in the debate the member from the Liberal Party was asked a question about whether this bill would deal with rail safety. I do not believe it does. I think it is a bill that deals more with the mechanism of the movement of goods and with ensuring that there is better accessibility for producers and shippers, which is a good thing.

However, I do want to say that certainly from our point of view the issue of rail safety is absolutely huge. We have had horrendous situations just in my province of British Columbia alone. I do not have the list in front of me. I know that our NDP transportation critic in British Columbia, David Chudnovsky, who appeared before the transport committee about six weeks ago, gave a whole list of the derailments and talked about the lack of safety and the increasingly poor environment in operation in our railway system. We are talking about dangerous situations. We are talking about workers whose lives are in jeopardy.

Let us not forget that it was this House, by a majority, that legislated the workers of CN back to work. The NDP was in opposition to that and I believe the Bloc was as well. In case people have forgotten, the issue has not gone away, and the reason why CN workers were out on a legal strike in the first place was their very serious and ongoing concerns about the safety of our railways.

We think of our railways as part of the Canadian dream and Canadian history. Of course they are, but I do not think people understand how seriously diminished these operations have become and how these monopolies have taken over now. There are issues around access, certainty and reliability for the shippers and producers. These things are now at risk.

There is the issue of health and safety conditions for the people who work on the railways and who are very much in jeopardy and at risk. We have seen a recent labour conflict with the CPR workers that involves the same issue. I wanted to bring this forward because it came up in debate. Although this bill does not deal specifically with railway safety, it is a very important matter that should be addressed.

In fact, earlier today we debated another bill that dealt with railways, Bill C-11, which has been approved. We were dealing with a Senate amendment that dealt with the impact of railway noise from the point of view of local residents. It is very interesting that these issues are coming up. It tells us as members of Parliament that these issues have not been addressed adequately in the past. While the previous bill that was brought in by the prior government in 2005 fell far short of what needed to be done, today we are hopeful that this bill, Bill C-58, will do the job.

The NDP will support this bill in principle and we will examine it thoroughly when it goes to committee. We will ensure that witnesses are heard so that we can make sure we really are addressing the legitimate concerns of producers and shippers. I hope there also will be an opportunity to address the equally important issue of safety on the railways. Again, it is not going to disappear. In fact, things are going to get worse.

We will be supporting this bill at second reading and then working in committee to look at what amendments are necessary before it comes back to the House.

Canada Transportation ActGovernment Orders

June 14th, 2007 / 6:45 p.m.


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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am pleased to speak to Bill C-58 on behalf of the Bloc Québécois.

I will summarize this briefly for the benefit of our constituents who are listening. The main purpose of this bill is to clarify the Transportation Act and strengthen the existing provisions that protect shippers against any abuse of the commercial power of the railways. It relates mainly to western Canada and has to do with grain producers and grain transport. Although this has less to do with what goes on in Quebec, the Bloc Québécois stays informed about various situations across Canada. We are always interested in participating in the debate so that we can stand up for anyone who is oppressed by the commercial power of the railways, as an example.

Today, we have two fine examples of this. Earlier, the representative of the government who gave a speech about Bill C-58 said that the bill was one of three pieces of legislation to modernize the Transportation Act. Today, we discussed Bill C-11. The idea was to modernize the Transportation Act in relation to the noise pollution and vibration produced by the railway companies. The Conservative government has caved in to the power of the railway lobby. The lobby had its standard bearer, the Senate, which decided to carry the torch for the interests of the poor little railway companies.

And the end result is that the government supported an amendment to the bill that had been passed unanimously, Bill C-11. In committee, the noise pollution provisions and the bill had been supported unanimously, clause by clause, by all parties.

Today, the Conservatives have caved in to the Liberal position adopted in the Senate. I hope that we will not see the same thing happen with Bill C-58, that we will not see the Conservatives caving in to the Liberal majority in the Senate if the Senate decides to amend the bill.

Bill C-58 is an attempt to strike a better balance between the power of the railway companies and the people who produce and ship products, including grain producers, who do not own the rails and who have to get their hopper cars to destinations all over Canada. They feel oppressed by the railway companies.

The purpose of this bill is to strike a balance. The proposed amendments respond to the concerns of shippers, and particularly western Canadian grain producers, about prices and railway service, while also providing the railways with regulatory stability. The amendments to Bill C-58 will deal with arbitration, charges for incidental services, notices of changes of tariff, sidings for producers' railway cars, leased railway lines and obligations in respect of the level of service. It is time we had some balance, in the interests of those who use the railway system, including grain producers, to get the railway cars that belong to them to their destinations.

The Conservative government and the Liberals have this strong tendency to let the free market do as it wishes. In such conditions producers are over-exploited. That is what this bill seeks to correct. When we refer to the various amendments, we refer, among others, to arbitration. The objectives of the Transportation Act, prior to these amendments, require that the Agency take into account the matter of substantial commercial harm. Bill C-58 proposes that the reference to substantial commercial harm be removed because whenever we hear from the railway companies there is always some substantial commercial harm. In the end, those who do not own the rails lose every time. The railway companies always succeed in proving substantial commercial harm where there is none. That will now be subject to arbitration, which will be a means of settling disputes between a shipper and the railways involving the rates and conditions of transportation service.

If merchandise is shipped by railway under a confidential contract, the matters subject to confidentiality cannot be submitted to arbitration without the consent of all parties. Still, there are some safeguards. It will be possible to make a joint submission for arbitration to settle a dispute concerning the rates and conditions for movement of goods, where the matter submitted to arbitration is common to all the shippers.

Finally, all those who are experiencing the same problem will have recourse to arbitration. They can join in a class action and the Transportation Agency can hear the case and render a decision.

The bill also provides for suspension of any arbitration proceedings if the two parties agree to accept mediation. In fact, this will also encourage use of mediation. That is one reason the Bloc Québécois is in favour of these amendments.

The rates charged for incidental services will be discussed. The railways earn most of their income from the rates charged for transporting goods, such as the carloads of grain from the Prairies to Vancouver, but charges also have to be paid for services that are incidental to the conveyance of goods or that are not directly related. These are known as incidental or associated charges; the cost of parking, additional charges to a shipper who requires more than the scheduled time, the cost of cleaning and or stocking cars and weighing the goods are examples of incidental costs.

In recent years, the rates charged by the railways have become a burden to shippers. However, the means of dealing with this problem are limited, since arbitration does not apply as a distinct remedy for incidental charges or associated conditions. The act will be amended to permit the agency to investigate a complaint from any shipper who is subject to a general application tariff that provides for rates and conditions. Finally, incidental charges invoiced by the railways could be subject to arbitration.

There is also the notice of change of tariff. The act defines the tariff as being a schedule of rates, charges, terms and conditions. At present it requires that the railway publish any changes to this tariff at least 20 days before raising rates. Such notice is not required for rates pertaining to incidental services or related conditions in the section on tariffs. This will be amended. The act will be amended so as to extend the period of notice from 20 to 30 days so that shippers can receive sufficient notice of any increase in the rates for transportation. Notice is therefore extended and incidental charges will be included.

There are also the sidings for producer cars. During the consultations, some parties asked for tighter regulation on abandonment of sidings used for loading grain or loading producer cars on the Prairies. Sidings are not subject to the provisions of the act on discontinuing a line. Complaints about the closing of sidings used for loading cars arise in part from the fact that shippers do not know which sidings are in service, since at present the railways are not required to inform those concerned.

The act will be amended so as to require the railways to publish the list of sidings available for loading grain producer cars and to give 60 days’ notice before putting a siding out of service.

All this means that, on their own lines, the railway companies used to operate as though they were the only ones using them. That was the problem. As far as I am concerned, the federal government failed in its original mission. Over the past 20 years, it has got rid of all the railway tracks that belonged to it and transferred them to private companies: to Canadian Pacific and Canadian National. Today we realize that that has created a problem. The people to whom they were transferred, often for paltry sums, are today making incredible profits. In the end they regard this asset as their own. When the time comes to make the rails available to other users, they know that tracks cannot be laid just anywhere. There needs to be a corridor across Canada and such a thing cannot be created on a whim. The government, as far as I am concerned, made a mistake in this regard. It should have kept them.

There is also the example of the bridge at Quebec City that we are having so much difficulty getting painted. The Quebec bridge belongs to Canadian National and it says it does not have the money to get it painted. That does not matter very much. The Liberals tried legal proceedings to force CN to paint the Quebec bridge, especially in view of the 400th anniversary. It will be great to show visitors Quebec, the oldest city in America, with a rusty bridge. But that is how it is.

When the Liberals were in power, they fell flat on their faces. They could not get anything done and instituted legal proceedings. The Conservatives, thinking themselves more intelligent, said that they would set the legal proceedings aside and change the legislation. But no, the minister had to do the same thing six months ago. He too launched legal proceedings to try to force CN to paint the Quebec bridge. I predict that it still will not be painted in 2008. They will not get it done, unless they pay what CN has been asking since the very beginning. If they want it painted, they should get out their money and pay for it. That is the hard truth.

Today, once again, the federal government has given up. The free flow of goods and services between the provinces is a federal responsibility. This always makes me laugh because we have been trying for decades to get a new bridge built right here between the Quebec Ontario banks of the river. I have always wondered what use a Minister of Transport, Infrastructure and Communities is if we cannot get goods, services and people moving freely between provinces. No new bridge or new infrastructure is being built to join the two banks.

The federal Minister of Transport, Infrastructure and Communities cannot serve as an referee or as anything at all. He dare not get involved because he is powerless. The problem today is that they are trying to give some powers by means of the Canada Transportation Act. It is good that we are here because one day they got rid of the railways and now they are forced to regulate a bit or else the railway owners are going to decide to operate their way and, often, raise rates without warning. That is what we are telling the House now.

In all these regards, it is evident that the Bloc Québécois is very sensitive to the problems of farmers, including western grain growers on the prairies.

We have always been very sensitive to the problems of Quebec farmers. That is why we always defend supply management so staunchly. If the Conservative government defended the supply management interests of Quebec farmers as fiercely as it defends the transportation of grain in hopper cars, they would probably be doing pretty well. The problem is that there is always a double standard in this country. There is one standard now for western farmers and another for eastern farmers, especially those in Quebec.

We in the Bloc Québécois do not make such distinctions and when we feel that our constituents are being exploited by private enterprise, we do not hesitate to take action. That is why the Bloc Québécois will support Bill C-58 in order to help the western grain producers and shippers.

Canada Transportation ActGovernment Orders

June 14th, 2007 / 6:20 p.m.


See context

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I appreciate the opportunity to engage in the debate on Bill C-58, amendments to the Canada Transportation Act.

This is really one of a trilogy of bills. This is the third of the three bills which address various issues within transportation. The first bill, Bill C-3, actually addressed the whole issue of bridges and tunnels, making sure government was able to protect the interests of Canadians in ensuring that our bridges and tunnels on our international borders are protected and maintained properly. The second one, Bill C-11, addressed the whole issue of railway noise, making sure that we had grain caps in place, making sure that communities had a say in what happens when there are disputes with railways. This bill, Bill C-58, addresses the issue of freight across our country.

The railways are what Canada was built around. The railways were a driving force in making sure that Canada became the country it is today. Railway freight is really the object of Bill C-58.

Canadians rely on our railways for their livelihood. Our economy depends on the timely delivery of freight across our country. Not only is freight delivered to the various areas and communities of our country by rail, but our railways are also used to deliver freight to the gateways of our country, the Pacific gateway, the Atlantic gateway, even our border with the United States, a critical gateway to make sure that we protect the ongoing prosperity of our country.

This bill addresses a number of concerns that have been raised over the last five to ten years. The existing Canada Transportation Act is some 10 years old. Shippers in particular have been raising a number of issues with how our railways are administered. They have had beefs with some of the pricing of the services that are delivered. They have had beefs about how railway siding abandonment has been addressed. They have been worried about advance notice for a number of the issues that are dealt with under the Canada Transportation Act. They are also concerned about how disputes with the railway companies are addressed.

This bill is addressing the concern that shippers have with respect to the relatively tightly concentrated ownership of railways in Canada. We know from experience that in industries that have relatively few players, such as the railway industry in Canada, there is always a risk that the players within that industry will engage in predatory behaviour. I am not for a moment suggesting that is what is happening in Canada, but it is one of the concerns the shippers in Canada have raised.

The shippers want to make sure they are treated fairly. Shippers have concerns. They want to make sure they can get their products from point A to point B in a cost effective and timely manner. When there are disputes about the level of service, or a dispute over the prices charged for transporting freight from point A to point B, they want to know that there is an effective and efficient mechanism in place to achieve that.

Bill C-58 actually provides a solution. It is called final offer arbitration. Final offer arbitration already exists under the Canada Transportation Act, but it applies in limited circumstances. Unfortunately, it is an expensive process. It is one that many of the shippers, especially the small shippers, cannot afford.

Typically we would want to make sure that our shippers and railways resolve their disputes in a commercial manner, for example, by negotiating with each other. That is the ideal. If there is a beef about the pricing for getting the freight from one point to another, the shipper wants to be able to sit down with the railway and negotiate something that is fair. Sometimes negotiating does not work and the parties move on to something called mediation where a third party is brought in to review the issues, to review the pricing and perhaps the level of service.

Sometimes a mediator can come up with a solution that the other two parties are not able to arrive at on their own. If that does not work, shippers are left with a problem. They are left with arbitration. As a result of arbitration being expensive, sometimes it can cost up to half a million dollars to arbitrate a dispute. Many of the shippers cannot afford the current arbitration process.

This bill implements final offer arbitration within a broader context. Let me explain to the House how final offer arbitration works.

In those provisions, the shipper and the carrier each make their best offer. They have a dispute, they come to the table, and each comes forward with their best offer and presents that offer to the arbitrator. The shipper is not going to bring in an offer that is totally out to lunch because he or she knows that the arbitrator is not going to take that offer. The arbitrator is probably going to take the railway proposal. The railway is going to be in the same boat. It is going to bring forward an offer that is as close to where it probably should be to make sure that the other party's offer is not taken. This effectively drives the parties closer in their negotiations and closer in terms of the offers that they present.

The arbitrator can only make one choice. He chooses one offer or the other. He cannot amend the one offer or the other offer. He cannot combine them. He cannot come up with a compromise. He picks one or the other. The purpose is to make sure the parties, when they make their offers, are as close as possible. It certainly drives the parties to negotiate these disputes if there is any way of resolving them outside of the arbitration process. There is an incentive for the parties to put forward reasonable offers.

Final offer arbitration is one of the more popular remedies under the Canada Transportation Act, certainly with shippers. One of the reasons is because shippers have considerable control over the process and are not dependent on other parties. In essence, the shippers determine the rates and conditions that are contained in the final offer, so they have some control over that process. This forces the railway to respond in kind.

The decisions that the arbitrator makes are, of course, confidential. On the whole, shippers are satisfied with final offer arbitration under the Canada Transportation Act. However, they complained again because of the costs. Individual shippers really cannot avail themselves of this process because it is just too expensive. Our amendments to Bill C-58 address that problem.

Bill C-58 proposes two main amendments. First and foremost, Bill C-58 extends the final offer arbitration to a group of shippers who are disputing a railway's proposed freight rates or conditions for the movement of traffic across Canada. This allows a group of shippers to come together and share the costs of final offer arbitration. It will generally give shippers more leverage during their negotiations with the railways because now the railways know the costs of this final offer arbitration are going to be spread over a large number of shippers rather than one or two.

To be eligible for this, the shippers have to have issues in common. This ensures that they are not dealing with a scattergun approach and that the arbitrator has a specific issue to address. It would be unfair to expect an arbitrator to consider a group application that lacks sufficient commonality. This legislation clearly addresses that.

The second part of this amendment requires that the arbitrator and the agency must be satisfied that the members of this group of shippers have attempted to mediate the matter. In the ideal world, we want to make sure that the parties try to negotiate first, keep it out of a formal system, and subsequently maybe use a mediator to try to come to a common resolution. Once the Canadian Transportation Agency is satisfied that mediation has been attempted, it will then move to allow an arbitration process to take place. Shippers have strongly endorsed this concept of group final offer arbitration.

Bill C-58 also provides a provision that permits parties to a final offer arbitration to suspend the arbitration halfway through the process to try to engage in negotiation or further mediation.

Again, that makes sense because the parties know the arbitration process is going to end up with one offer or the other being chosen and it is binding on both parties. There is still an incentive for them to consider going back to negotiation and mediation to try to resolve the dispute without having the final decision made by the arbitrator.

It gives an opportunity for the shippers and the railways to take a time out and a deep breath. They can say they are getting close and resolve it among themselves rather than going to the arbitrator. All those options are available under our amendments.

These changes to the arbitration process are going to assist the shippers in getting their problems resolved with the railways. It is also a faster way of bringing resolution to these problems.

The government has heard the shippers. It believes it has addressed these concerns. I have addressed one of the concerns in Bill C-58. My colleagues are going to address a number of other amendments within Bill C-58.

I would encourage all members in the House to support this legislation because it is good for our communities. It is certainly good for the city of Abbotsford which relies heavily on the railways to get grain to the feed mills that provide feed to our poultry growers. We also have a strong manufacturing sector in Abbotsford that needs the railways to provide cost-effective pricing and timely service.

This bill will achieve all of those ends. It is a huge step forward in bringing Canada into the 21st century when it comes to transportation. I encourage members in the House to support Bill C-58.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2007 / 3:40 p.m.


See context

Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, it is unfortunate that the government, in proposing this motion today, has chosen once again to maintain its habitual lack of consultation and reluctance to attempt a collaborative approach to organizing the business of the House.

On more than one occasion, as I think the Chair will remember, I asked directly whether the government intended to make use of Standing Order 27. As other House leaders can confirm, the reply was, “probably not”. I do not think we would be off base in the opposition in expecting that if that were no longer the case, if the government had in fact changed its mind, that it would have decently given us a heads-up that it was going to propose this motion today, at least given us that notice some time earlier than around one o'clock this afternoon.

Frankly, as we saw the government House leader making his travels across the floor of the House, I will not say where he went, the heckling and yelling as he departed the chamber obviously indicates the kind of demeanour of which we have to deal.

I do not see what there is on the order paper at present that this motion will get through the House any more quickly than would have otherwise been the case. I presume, judging by the government House leader's remarks, that the government is principally concerned with Bill C-52, the budget bill.

It has represented to the House and to the public that the government is now extremely concerned the bill will not receive royal assent in time for certain expenditures to be booked in the appropriate fiscal year. Let us be clear. The fiscal year the Conservatives are talking about is 2006-07, and that is the point.

The issue is retroactive fiscal bookings for the last fiscal year, not the future fiscal year, as members would have gathered from the remarks of the government House leader. If there is concern about the lateness of the date, the government really has only itself to blame.

Usually federal budgets are delivered in or about the third week of February, which then permits the introduction of a budget implementation bill by the end of that month. If things are properly managed, this would permit the bill to be in committee before the end of March and to be passed at all stages by the end of May or, at the very latest, the beginning of June.

This year the government chose, for its own partisan reasons, to delay the budget until the third week of March. We did not even see it until then. Then it unilaterally interrupted the budget debate. Then having finished that, belatedly, it interrupted, again, the second reading debate on the budget implementation Bill C-52. That interruption lasted for three full weeks, getting the bill to committee only in the middle of May.

As a consequence, the government then bulldozed the bill through the committee, breaking procedural agreements, denying many interested and informed citizens and groups the right to testify on the bill. Let it be clearly understood that any procedural issue on Bill C-52 is a direct result of government breaking the agreement on the process, which had been fully settled by members of the committee.

Nevertheless, the bill is now only in its third day of debate at third reading and there is every indication that the third reading and final stage would come to an end in debate in the House by the end of business tomorrow at the latest.

It is important to underscore what these dates are with respect to the budget. Remember that the House resumed in the final week of January. The budget was not presented to the House until March 19, fully eight weeks into the parliamentary sitting. That was followed by a ways and means motion and the introduction of the budget bill, but that was delayed because the government interrupted its own budget debate on the financial principles of the government.

Its budget was late, the budget debate was unilaterally delayed by itself and then it finally got around to introducing the budget bill on March 29, which was debated at second reading for the first time on March 30. It was then debated in a haphazard, sporadic fashion, brought forward to the floor by the government, until April 23, and then it was hoisted altogether. The House did not see it again until May 14, full three weeks later.

Finally, it went to the committee, not as a result of any filibuster by the opposition or any party in the opposition. The delay was entirely the procedural mismanagement of the government. It was there for less than two weeks and one of those weeks was a break week when Parliament was not even sitting.

It finally passed through the committee, rather expeditiously, thanks to the cooperation of the opposition, and it was brought back to be debated at report stage on June 4. For how long? One day, that is all the report stage took. Now it is at third reading where there have been three days of debate, and probably a conclusion could have been arrived at very easily by the end of the day tomorrow.

This is why I made the point at the beginning of my remarks that there really is nothing on this order paper that could not be dealt with in the ordinary course of business without the measure the government House leader has introduced. Obviously it is a tactic to blame the opposition for the delays that lie entirely within the control of the government.

What is it then? If it is not Bill C-52, what is it that causes the government to move the motion today? Despite frequent requests for the government to outline its realistic legislative priorities before the summer, all we have heard repeatedly from the government House leader and from others on the government's side is a flow of partisan rhetoric. Legislation has in fact been moving along through the House and through committees, despite the government's erratic management of its agenda.

In fact, the most controversial bill on the order paper, and this is what gives me perhaps a little hope here, is probably Bill C-30, the clean air act, as it has been revised by members of Parliament. Significantly, only the government has been stalling it up to now. However, now we will have some extra time, some extra hours of sitting every day beginning on Wednesday.

Can we then conclude that the extra time the government is seeking is to facilitate the work of the House in consideration of Bill C-30? I certainly hope so. It is in this fervent hope that I indicate to the House that my party, the official Liberal opposition, will support the minister's motion for the extension of hours.

In the time available, in addition to Bill C-52, which will probably be done tomorrow, and in addition to Bill C-30, which I hope the government has the courage to recall and put before the House once again, the official opposition also looks forward to making progress on Bill C-11, lowering freight rates for farmers, on Bill C-14, dealing with foreign adoptions, on Bill C-23, dealing with criminal procedure, on Bill C-29, dealing with Air Canada and the use of official languages, on Bill C-35, dealing with bail reform, on Bill C-47, dealing with the Olympic, on Bill S-6 and Bill C-51, dealing with land claims and on Bill C-40, the private member's legislation that would provide free postage for mail from Canada to our troops in Afghanistan.

Then there is an item that was referred to in question period today. This is the bill we are anxiously awaiting to see, the one dealing with wage earner protection. I hope the government will follow through on the commitment given in question period, that it will table the bill in amended form so it can be passed at all stages and brought into law before Parliament adjourns for the summer recess.

Let me mention one other matter, which is outstanding and which should be dealt with by the House, or at least dealt with by the government when the House is sitting. This is the examination undertaken a few weeks ago by Mr. Brown in connection with the matters that have been of great concern to Canadians in respect of the RCMP pension fund.

As we understand it, there is a report due from Mr. Brown on June 15. That was the original undertaking given by the Minister of Public Safety. It would be very important for us to know that the examination is on time, that we will hear from Mr. Brown on time, and that the Minister of Public Safety will take the step that he promised to take and make that report public immediately.

Perhaps the government might also consider, in whatever time that remains before the summer recess, reforming its approach to the mood in the House. The mood could be improved if the government would refrain from certain of its more hostile practices. For example: no more gratuitous attack ads, no more broken agreements on how witnesses will be heard, no more manuals about dirty tricks for disrupting parliamentary business, and no more devious games to misuse Standing Orders of the House. A little good old fashioned good faith could change the mood for the better.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2007 / 3:10 p.m.


See context

York—Simcoe Ontario

Conservative

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

Mr. Speaker, I move:

That, pursuant to Standing Order 27(1), commencing on Wednesday June 13, 2007, and concluding on June 21, 2007, the House shall continue to sit until 10 p.m.

He said: Mr. Speaker, this is a motion that can be made one day a year, not on Christmas Day or Ground Hog Day, but this day, the 10th sitting day before June 23. It is a motion that can be made to allow the House to sit late into the evening.

I know that many members, when they look at that portion of the calendar and they see possible extension of sitting hours, they think that means we get to leave early for summer vacation, but that is not what it means. What it means is that under the Standing Orders of the House we can potentially sit and work late to get as much of the people's business done as possible because there are very important priorities for Canadians.

I will bear my soul here and say that it was not always my intention to move this motion. It was my hope that it would not be necessary. I was hoping that we would be making good progress.

For example, Bill C-52 in particular, the budget implementation bill was a bill which we believed we had an understanding with the other parties; in fact it had been shaken on by the member for St. Catharines, the member of the Liberal Party for Scarborough and others that it would be over to the Senate by June 6. Somewhere along the way the Liberal Party sought to treat it a little bit differently and as a result we are still debating it here almost a week later than the date we thought it would be over at the Senate. As a result of course we have lost considerable time to deal with other priorities for Canadians.

I want to talk about what those other priorities for Canadians might be, but first I want to focus on that number one priority which is Bill C-52, the budget implementation bill. As we have heard from many people in the House today, if that bill does not pass by the time the House rises for the summer, if that bill has not been dealt with, there are a number of financial priorities on issues that are very important to Canadians that will be lost, because it is a bill that reaches back to the previous fiscal year to spend funds. Those funds have to be allocated. The bill has to be passed and receive royal assent in order for those funds to be available in that fashion. If not, they are lost.

Some of those examples are ones which we have heard about today. The one that is at the top of my personal list is the $620 million in the budget for the patient wait times guarantee trust. This is money that is allocated to assist provinces in addressing what is one of our number one priorities—actually one of our top five priorities; I should put it that way—from the last election. That priority is to achieve a patient wait times guarantee, to help people get the kind of health care they need on a basis that is reasonable, that is practical, that is clinically sound.

For too long we saw patient wait times under the previous government actually double in length. We have this much vaunted Canadian health care system that we all purport to believe in, but if we really believe in it, we have to see that it works. An important part of it working is that Canadians should receive the health care that they need on a timely basis. That is what the $612 million is specifically aimed at.

The provinces are very anxious to receive these funds. It means a great deal for a lot of provinces. In my own province of Ontario that means $200 million plus of real money that Ontario needs for its health care system. The same thing, together with other elements, will mean for the province of Nova Scotia for health care $639 million including the transfer there. There is similar money throughout the country.

We are talking of significant funds. There are other elements in the budget. Much of that transfer will not be lost, as I said, because it is in the main budget funds, but the patient wait times guarantee money, that $612 million, is money that will be lost if we do not deal with that on a timely basis.

Another one that is very important is the $1.5 billion for the clean air and climate change trust. That is to help the provinces implement their plans to reduce greenhouse gases. It is very important.

On January 4 of this year, the Prime Minister addressed Canadians and identified what our priorities would be in government this year. One of those major priorities was to take real action on the environment. We have just seen that at the G-8 summit. In the summit declaration Canada's approach is an approach that is drastically different than it was for 13 years under the previous government when greenhouse gas emissions rose dramatically regardless of the commitments it took on. Now we have a national plan that results in real reductions, an actual plan that does that in both the short and medium term but also very importantly in the long term.

It is that approach by the Canadian government that was hailed as an example not just by world leaders, by other G-8 leaders, but by journalists from around the world, by special interest groups. The World Wildlife Fund, for example, issued a statement heralding Canada's approach as a model. The reason it is held out as a model and an example is it is an approach that can be used regardless of how lousy one's track record may be. This is important for a lot of the major emitters that had not been part of the arrangements up until now or did not have obligations under Kyoto to implement, major emitters like China, India, Brazil and the United States, to get them to the table and realize that if we are going to take on the challenges of addressing greenhouse gas emissions and turning around the risk of climate change and what it can potentially do to our world, we are going to have to take action in the long term. That is the approach of Canada that is being held as a model.

An important critical component of that approach is to engage and involve the provinces and ensure that they have in their hands the resources they need to be able to deliver. A big part of that is that $1.5 billion of ecotrust money, the clean air and climate change trust money. I underline that if we do not get Bill C-52 passed in time, that money will be lost.

This is where the delay and obstruction that the Liberal Party in particular has been conducting has been very harmful to the interests of Canadians who care about the environment, and in fact even those who do not care about the environment, because even if people do not care about it, it does affect them. It is important for all Canadians that they have that healthy environment.

Another example of the money that could be lost if Bill C-52 is not approved, if the Liberal obstruction is successful, is the $400 million for the Canada Health Infoway project. This is state of the art technology so that people can have better health care, taking advantage of technology to improve our health care system. This is something that is very important for the provinces to be able to deliver on the health care for Canadians, for their residents. Again if the Liberals are successful in their delay and obstruction plan this is something that will be lost if the bill is not dealt with and does not receive royal assent in the near future.

There is another one that is of particular of interest to me because it does affect residents in my part of Ontario. In fact the announcement was made in York region where I live and where my constituency is. That is the $225 million to protect endangered spaces, working in conjunction with groups like the Nature Conservancy of Canada to acquire sensitive lands that otherwise might be lost to development, or if not to acquire them, to put in place the kinds of conservation easements to ensure that they will be protected in their natural state for the foreseeable future, for as long as our legal regime remains in place, which is basically for as long as life continues as we know it. That money is very important but that money and the potential to protect those endangered lands will be lost if we cannot get the budget implementation bill passed in the appropriate time.

I also want to talk about the $30 million going to the Rick Hansen Foundation. Rick Hansen is the man in motion, a great Canadian who rolled his wheelchair around the world. He is a very strong personality and a great activist for his cause of spinal cord research. He suffered an injury but he showed that it did not hold him back and he did his around the world tour. I think it was in 1984 when he started his tour, which was an inspiration to all of us. The ongoing work of the foundation from the money he raised then is important. There is $30 million that we would like to see dedicated to that foundation. That $30 million would be lost if the Liberals have their way and they delay and obstruct this bill past the deadline we are dealing with.

For all of those reasons, the budget implementation bill is very important, not just because we want to see it passed, and that is a good reason, but there are actual, real consequences with a ticking clock, because of the fact that a significant amount of the funds are anchored in the previous fiscal year before March 31. That means we have to pass it before the books are closed. Basically we have to get royal assent. We have to get it all the way through before the folks here on Parliament Hill go home to their ridings for the summer. In order to do that, we want to see the potential to deal with this bill for as long as we need to.

I might add that we had hoped to be debating many other bills but the Liberals have chosen to delay this budget implementation bill in every way possible and for as long as they can, as we have seen in the House today and as we saw last Friday and so on. We have tried other measures to speed things along but they have stepped in to block them every time.

The other important bill that we need to deal with is Bill C-23, a Criminal Code amendment. Our justice agenda is very important, and Bill C-23 is a bill to update the Criminal Code provisions. It has come back to the House from committee and it is now at report stage. We would like to deal with that quickly but we will need some time in the House.

Similarly, we are expecting to see Bill C-11 on transport come back from the Senate with amendments. We will need to see whether this House agrees with those amendments or not. Bill C-11 is an important bill that has been around a long time, as members can see by the number, and we have been waiting for about a year to deal with it.

We also have Bill C-31, the election integrity bill. It is in the Senate and the Senate has indicated a desire to make some amendments to the bill. We and, I think, all parties would like to see that bill in this place, or at least three of the parties in the House would. The bill was amended at committee and we, as the government, accepted the amendments proposed by the Liberals and the Bloc.

Unfortunately, the Liberals in the Senate had a very different view of how the bill should work from the Liberals in the House of Commons. The Liberals in the Senate are actually getting rid of the House of Commons Liberal amendment on how to deal with the lists and the disclosure of information to political parties. They actually changed it to a position that was identical to what the Conservatives had originally proposed at committee.

As a result of the Liberals in the Senate deciding that they do not agree with the Liberals in the House of Commons, it means that we as the House of Commons need to deal with that bill one more time once the Senate has dealt with it.

We are waiting for that little ping-pong game between the Liberals in the Senate and the Liberals in the House of Commons to come to an end. When it does end, hopefully we can achieve a resolution on which we can all agree to ensure that future elections will proceed with a greater degree of integrity and probity, something that is very important to all parties and all members of this House.

Another bill that has come back after a long stay at committee is Bill C-42, the Quarantine Act, a very important bill on health matters and something we would like to deal with.

I know of one bill that the opposition House leader, the member for Wascana, has been very generous in showing a willingness to fast track and deal with very quickly and we are hoping to have it at report stage in the House very soon. I think we are in a position where we can do that very soon. I know other parties want some level of scrutiny so the very generous offer of the opposition House leader was one that we took up, but not everybody did. We can seek to get it passed through as many stages as possible in the House as quickly as possible. The bill I am talking about is the one dealing with Olympic symbols. I would like to see it dealt with on the House of Commons side and then go to the Senate.

That is an important bill for the folks who are putting together the 2010 Olympic Games in Whistler and Vancouver. It is important because it deals with copyright, trademarks and the like. We all know how challenging it is to put on these kind of games in this day and age and the ability to protect copyrights, to deal with merchandise and to generate that revenue to support the athletes, the games and the legacy venues that will be constructed as a result of that is important to the people who are involved, whether it be the athletes, the organizers or the people in those communities who will benefit from the legacies.

We are also waiting on other bills, such as Bill C-51, the Nunavik Inuit land claims, and Bill C-59 on video piracy. Bill C-59 was just introduced but the newspapers are saying that it is an important bill because it would create some meaningful consequences for people who engage in the illegal video taping of major films with the ultimate objective of putting them on the black market to sell them illegally without the copyright rights to it. That is something that has been hurting the film industry.

In places like Vancouver and Toronto, in fact all across the country, the film industry has become very important, but those places in particular. It is important that Canada maintains its credibility within that industry and that we support our artists and the people who give value to that intellectual property and that we show leadership as a country in protecting it.

In the future, as we move away from manufactured goods and products to the kinds of services that have more to do with intellectual property, we need to be seen as real leaders in that regard. As I said, media reports are suggesting that all parties actually support Bill C-59, which is why we would like to move it quickly.

Another bill that we recently introduced would support the Red Cross/Red Crescent in the adoption of a new symbol. We need to do that here in Canada through legislation because of a charter that exists. The bill would create an additional non-denominational symbol, which is the Red Crystal, that can be used through ratification of a treaty. If the Red Crescent symbol or the Red Cross symbol creates some discomfort with the local population, the Red Cross/Red Crescent Society would be able to use the Red Crystal symbol as an alternate symbol, which is why as a country we need to recognize and ratify that it would have all the protections under the Geneva convention so that anyone would respect it. However, there would be consequences if people misused the symbol in trying to conduct an offensive military operation. The symbol would need to be used for the purpose intended, which is to protect and save lives in difficult scenes around the world.

All of the bills I have spoken about are on the House calendar. Some are in front of us and we would like to deal with them but others are still at committee.

I did not even speak to the first nations land management, which is a bill that was launched in the Senate.

We would like to see the passage of some bills that are still in committee and which we would like to see back from committee. We thought some would come back a little bit sooner, such as Bill C-6, the amendments to the Aeronautics Act. The committee has been doing clause by clause on Bill C-6 for almost a month now. I am glad to see that the committee is being that attentive but it is a bill that is important and we would like to see it.

The bill that I hope the committee deals with soon is Bill C-32 on impaired driving. I have spoken about the importance of justice and making our streets and communities safer. It was one of the five cornerstone priorities of the Conservatives when we ran in the last election. It was restated on January 4 by the Prime Minister as another priority.

I should acknowledge that we have had some good progress on getting some of those justice bills through the House but it was not easy. Some of them, like Bill C-10 dealing with mandatory penalties for gun crimes, stayed at committee. If one were to listen to politicians speak, one would think there is a consensus on the importance of mandatory penalties for gun crimes. Even the Liberal Party in the last election had that as one of its key elements in its platform.

However, when it came to committee, things were a little bit different. The Liberal Party actually gutted the meaningful parts of the legislation and it held up the legislation at committee for 252 days. Fortunately, that time is past and, thanks to the support of the New Democratic Party, we were able to put some teeth back into that legislation and make it meaningful. The legislation now contains some meaningful mandatory penalties for those gang members and crooks who want to terrorize our communities with guns and commit violent acts. They will face real consequences. When they commit an offence like that they will go to jail. There will be no more “get out of jail free” card and no more house arrest as a solution. They will actually serve real jail time for some of those offences. Where there already were mandatory penalties, they will be tougher and stronger mandatory penalities so that we can take real action.

I know these are important justice issues for Canadians, and that the gun legislation is a part of it, but the other bill that we are waiting for from committee is Bill C-32 on impaired driving. It is very easy to deal with impaired driving on alcohol right now because we have breathalyzers and standards. However, a much more difficult element is driving impaired through the use of other illegal substances, such as controlled or narcotic substances, or, in simple terms, drugs. People who use and abuse drugs and then proceed to drive a vehicle are just as impaired, if not more impaired, as someone who has consumed excessive alcohol. The consequences in terms of the risk to other drivers on the road are just as great. It can change the lives of a family if someone were to die or become injured. The lives of a family could be absolutely shattered when an accident occurs because of that kind of behaviour.

Business of the HouseOral Questions

June 7th, 2007 / 3 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, today we will be continuing with the business of supply.

Tomorrow we hope to conclude third reading of Bill C-52. In answer to the question on priorities, I would point out that Bill C-52, the budget implement bill, is the number one priority of this government. We can talk about other priorities after we see an indication that it will be heading for royal assent. If we do not have it, it will result in the loss of $4.3 billion in 2006-07 year end measures which include: $1.5 billion for the Canada ecotrust for the provinces; $600 million for patient wait times guarantees; $400 million for Canada Health Infoway; $200 million for protection of endangered species; $30 million for the Great Bear rain forest; $600 million for labour market agreements for the provinces; $30 million for the Rick Hansen Foundation; $100 million in aid for Afghanistan; $100 million to Genome Canada; and so on. It is a long list of important priorities financing that will be lost if the bill is not passed by the end of this session in June. That is obviously our number one priority.

Next week will be getting things done for all of us week when we consider a number of bills that are in their final stages of the legislative process.

The following bills will be placed under Government Orders for debate: Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts, which the Senate reported with amendments and which is now back before the House to receive the approval of the members, and Bill C-23, An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments).

We are awaiting the Senate's report with amendments on Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.

Bill C-33, An Act to amend the Income Tax Act, including amendments in relation to foreign investment entities and non-resident trusts, and to provide for the bijural expression of the provisions of that Act, Bill C-42, An Act to amend the Quarantine Act and Bill C-47, An Act respecting the protection of marks related to the Olympic Games and the Paralympic Games and protection against certain misleading business associations and making a related amendment to the Trade-marks Act, will probably be passed by the House at third reading.

Discussions have taken place with the opposition parties, and there may be consent to fast-track some or all of the following bills: Bill C-59, An Act to amend the Criminal Code (unauthorized recording of a movie), Bill S-6, An Act to amend the First Nations Land Management Act and Bill C-51, An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act.

There is also a possibility of quick passage of a new bill entitled “An act to amend the Geneva Conventions Act, an act to incorporate the Canadian Red Cross Society and the Trademarks Act”, which appears on today's notice paper.

There are a number of other bills I am still hoping we could get included in getting things done for all of us week, provided that they get reported back from committee, in particular, Bill C-6 aeronautics; Bill C-27 dangerous offenders; Bill C-32 impaired driving; and Bill C-44, the bill to grant first nations people the human rights that every other Canadian enjoys. First nations people expect the House to get things done for them as well, so I urge the aboriginal affairs committee to stop delaying Bill C-44 and report it back to the House early next week. It is a priority for this government.

Bill C-280—An Act to Amend the Immigration and Refugee Protection Act—Speaker's RulingPoints of OrderOral Questions

May 15th, 2007 / 3:05 p.m.


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The Speaker Peter Milliken

The Chair is now prepared to rule on a point of order raised by the Parliamentary Secretary to the Government House Leader and Minister responsible for Democratic Reform on May 3, 2007 in relation to Bill C-280, An Act to Amend the Immigration and Refugee Protection Act (coming into force of sections 110, 111 and 171), standing in the name of the hon. member for Laval.

In his submission, the parliamentary secretary explained that Bill C-280 proposed to change the manner in which provisions of the Immigration and Refugee Protection Act would come into effect. That act was amended in 2001 by Bill C-11, which contained a clause, clause 275, providing that:

The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

This sort of clause is frequently found in bills and is commonly known as the “coming into force clause”.

Some provisions of Bill C-11 have yet to be proclaimed by the governor in council. Bill C-280 proposes to have three such provisions, namely sections 110, 111 and 171 of the act, brought into effect immediately upon royal assent of Bill C-280, and not by way of proclamation to be determined by the governor in council.

The parliamentary secretary noted that the substantive effect of implementing sections 110, 111 and 171 of the act would be to establish the refugee appeal division at the Immigration and Refugee Board and that this would entail significant new expenditures of an administrative nature. He then went on to explain that through its coming into force clause, Bill C-11 gave the governor in council the power to determine at what time the division would be created and the associated expenditures would be incurred.

The parliamentary secretary contends that by changing the coming into force of these sections of the act, the terms and conditions of the royal recommendation accompanying Bill C-11 are being altered. He read from citation 596 of Beauchesne's sixth edition, which explains that the royal recommendation not only fixes the amount of an expenditure but also the way that it would be incurred.

He went on to cite two precedents from 1985 and 1986 to support his arguments that Bill C-280 should therefore be accompanied by a new royal recommendation.

The Chair has examined the two precedents cited by the parliamentary secretary in support of his basic argument that an alteration in the coming-into-force provisions of a bill infringes on the financial initiative of the Crown.

The first precedent, in 1985, concerns a report stage motion to Bill C-23, an act to amend the Small Business Loans Act. The bill sought, among other things, to restrict to 90% the amount of loss sustained by the minister for loans made to small business enterprises after March 31, 1985. The report stage motion sought to maintain the existing law and make the minister liable for the full amount of the loss. On March 26, 1985, Mr. Speaker Bosley ruled the amendment inadmissible because it relaxed a condition of the royal recommendation.

The second precedent, in 1986, concerns an amendment put forward during consideration in committee of the whole of Bill C-11, an act to amend the Income Tax Act. The bill sought to allow the prepayment of a child tax credit in the following taxation year. The amendment would have permitted the prepayment during the greater part of the current taxation year. In ruling the amendment inadmissible on October 17, 1986, the chairman of the committee of the whole simply explained that the proposed amendment infringed on the royal recommendation.

While these precedents may be useful in understanding how programs may be limited or extended in their application, they do not assist us in better understanding the issue at hand.

The fundamental issue in the present case is whether the coming-into-force provision of an act which was originally accompanied by a royal recommendation can be altered without a new royal recommendation.

After considerable reflection on the matter, the Chair would present the situation as follows.

In 2001 Bill C-11 sought an authorization from Parliament to establish the refugee appeal division. As I see it, the action of setting up the statutory framework for the new division required that a royal recommendation accompany Bill C-11 because a new and distinct authority for spending was being requested.

As it happened, Bill C-11 also contained a coming into force provision which would allow the governor in council to decide when the refugee appeal division would be formally established. In the view of the Chair, it is very important to remember that even after the governor in council proclaims the establishment of the division, Parliament would still have to approve spending plans for its operations through the estimates and the subsequent appropriation act.

In this light, therefore, it appears to the Chair that the chief financial components which require a royal recommendation are: first, authorization for setting up the statutory framework for the refugee appeal division, duly provided by Bill C-11 with its original royal recommendation; and the operational funding to be sought in a future appropriation act where financial authority can be duly provided in the usual estimates process.

Although the proclamation of the coming-into-force provision will set into motion the establishment of the refugee appeal division, it should be seen as independent of the royal recommendation and not part of its terms and conditions.

Our rules and practices hold that coming into force clauses of bills have always been open to amendment and a vote. If we were to accept the argument that an alteration in the coming into force provision would somehow infringe upon the royal recommendation, then it should not be admissible for a committee or the House to negative or amend such a clause unilaterally. Such is clearly not the case.

Essentially, it is a question of timing. The royal recommendation originally attached to the bill applies, unaltered, to its provisions irrespective of the point in time at which such provisions come into force and, from a procedural standpoint, the alterations to the coming into force provisions of the Immigration and Refugee Protection Act, as expressed in Bill C-280, cannot be seen as infringing on the financial imitative of the Crown.

Consequently, Bill C-280 may proceed for debate and a vote at third reading.

I think that the hon. Leader of the Opposition wishes to rise on a question of privilege.

Business of the HouseOral Questions

February 22nd, 2007 / 3 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, today we will continue the debate on the Liberal opposition motion.

Tomorrow morning we will begin debate on the procedural motion relating to the back to work legislation, to which the opposition House leader was referring. Also, we will have Bill C-45, the Fisheries Act, following question period.

On Monday, we would like to conclude the debate on the statutory order regarding the Anti-terrorism Act, which is very important for Canadians for public security reasons. We are also getting down to the deadline when certain provisions of the Anti-terrorism Act will sunset.

I have consulted with the other parties and I will propose a related motion at the end of my business statement.

Next week we will consider the following bills: Bill C-37, financial institutions; Bill C-41, competition; Bill C-11, transport; Bill S-3, defence; Bill C-42, the Quarantine Act; Bill C-36, Canada pension plan and old age security; Bill C-10, mandatory minimum penalties; and depending on developments regarding the railway strike, we may call the procedural motion relating to the back to work legislation.

Thursday, March 1 shall be an allotted day.

As I mentioned earlier, following discussions with the House leaders of the other parties, Mr. Speaker, I believe if you seek it, you would find unanimous consent of the House to adopt the following motion. I move:

Motion

That, notwithstanding any Standing Order or usual practices of the House, once the Statutory Order regarding the Anti-terrorism Act is called on Monday, February 26, and when no member rises to speak on debate or at the expiry of the time provided for Government Orders, all questions necessary to dispose of the Statutory Order regarding the Anti-terrorism Act be deemed put, a recorded division deemed demanded and deferred until Tuesday, February 27, at 5:30 p.m.

Brian Jean Conservative Fort McMurray—Athabasca, AB

Mr. Speaker, I thank the member for his interest and his research. I would suggest that instead of holding it close to his chest, as so many other members from other parties in the House do, he should provide that information to me. I would be more than happy to look at it, review it and provide it to the minister if it be appropriate. We are a government that is listening to stakeholders and listening to all parties because that is what Canadians want us to do, to work together. I would suggest that the member and all members do that.

I just hope it is not similar to the situation with respect to Bill C-6 which is in the transport committee, and Bill C-11. Bill C-11 was on the projected order for today but I understand the NDP put forward some speakers to try to hold up legislation again. I am hoping that we can count on the member to provide us with the cooperation that is necessary to move legislation through the House and to move in a way that acts in the best interest of Canadians.

I assure the member that is what this government will do. We will act in the best interest of Canadians overall, but we have a balance to strike and we will strike that balance for the Canadian public.

Business of the HouseOral Questions

February 15th, 2007 / 3:05 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, today we will continue the debate on the Liberal opposition motion.

Tomorrow we will resume debate on Bill C-31, the voter integrity bill, with Bill C-35, the bail reform bill as backup.

Monday we will call Bill C-31, elections, if it is not completed tomorrow; Bill C-44, human rights; Bill C-11, transport; Bill C-33, technical income tax; Bill S-2, hazardous materials; and the statutory order. We have an ambitious agenda there.

Tuesday, February 20, and Thursday, February 22, will be allotted to the business of supply.

On Wednesday we will continue with the business outlined on Monday.

Next Friday, I will consider beginning the debate on Bill C-45, An Act respecting the sustainable development of Canada's seacoast and inland fisheries.

With respect to the debate on the statutory order regarding the Anti-terrorism Act, if an agreement on debate is not reached before February 28, certain provisions of the Anti-terrorism Act will sunset. It is the government's view that all members should be given the opportunity to decide the fate of these provisions because they involve the safety of people they represent.

Recent events have made us aware that the terrorist threats continue to specifically target Canada, but if the terms of the law are not extended by March 1, the protections that we have in place right now will cease to apply.

If an agreement can be reached, I am prepared to call the motion sooner and sit as long as necessary on that day to bring the debate to a conclusion.

Business of the HouseOral Questions

February 8th, 2007 / 3:05 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, today we will be continuing the debate on the Bloc opposition motion.

Tomorrow we will begin debate on the statutory order concerning the Anti-terrorism Act. That is for the extension of its provisions.

Next week will be justice week, when the government will showcase part of its safer streets agenda, starting on Monday with the continuation of the debate on the Anti-terrorism Act if it is not completed on Friday.

On Tuesday we plan to begin debate on Bill C-35, which deals with bail reform, and on Wednesday we will resume debate on the second reading stage of the dangerous offenders legislation, Bill C-27.

Thursday, February 15 shall be an allotted day.

On Friday it is my intention to call the report stage of Bill C-10 on mandatory minimum penalties, on the assumption that the justice committee can have it to the House by that time.

For each day, we will have the following business scheduled as backup bills: Bill C-31, the voter integrity legislation; Bill C-44, relating to human rights; Bill C-11, on transport; and Bill C-33, the technical income tax act.

I will be working closely with my counterpart in the Senate with respect to progress on Bill S-4 or, as we keep hearing, the lack of progress.

As you know, Mr. Speaker, a strong, effective and responsible government must speak with one voice, whether it be in the Senate or the House of Commons. The fact that the Leader of the Opposition in the House of Commons and the Leader of the Opposition in the Senate cannot present the same position on Bill S-4 is further evidence that the Liberals are currently not fit to govern. I certainly would like the opportunity for this House to deal with that bill.

February 1st, 2007 / 3:05 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, I appreciate the fine words of welcome from the opposition House leader.

Today, of course, we will be continuing with the opposition motion. Tomorrow we will continue debate on the report stage amendments to Bill C-31, the election integrity act amendments with which we are all familiar.

For Monday and Tuesday, we are intending to call Bill C-26 on payday loans, which is at third reading, Bill C-32 on impaired driving, Bill C-11, the transport act, and Bill C-33, the technical income tax bill.

On Wednesday we hope to begin debate on the third reading stage of Bill C-31, followed by Bill C-44 relating to human rights.

Thursday, February 8 shall be an allotted day. Next Friday we would like to begin debate on the anti-terrorism motion that would extend the application of certain sections of the Anti-Terrorism Act that are due to expire.

Finally, as members know, democratic reform is a priority for Canada's new government, and given that the Liberal leader has publicly expressed his support for term limits for senators, could the official opposition inform the House as to when it can expect the unelected, unaccountable Liberal senators who are delaying and obstructing that bill to give us a chance to consider it here in the House of Commons?

Prebudget ConsultationsGovernment Orders

December 13th, 2006 / 4:30 p.m.


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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, first, I would like to wish the people of Argenteuil—Papineau—Mirabel happy holidays. I know that if my colleague from Berthier—Maskinongé had the chance, he would extend the same wish to his constituents. As the Bloc Québécois transport critic, I would also like to recommend that the people of Quebec and Canada drink responsibly and call Operation Red Nose where the service is available.

My question for my colleague from Jeanne-Le Ber, who did excellent work, concerns railways. I received many requests from him, because I had the opportunity to introduce and shepherd the amendments made by the Bloc Québécois to Bill C-11 on noise pollution.

I am very proud of the requests I received from the member for Jeanne-Le Ber. I can tell him that we will now talk about the least possible noise from vibrations. He had asked me to suggest “vibrations and fumes”, but the Conservatives did not want to accept anything but “vibrations”.

The Canadian Transportation Agency will now be able to address complaints of noise and vibrations. One of the member's urgent requests concerned the inconvenience to homeowners living near railroad tracks. This will be covered in the legislation, and if homeowners living near railroad tracks are inconvenienced, the Canadian Transportation Agency will be able to look into these cases and make comments.

My question about this ways and means motion concerns railways, which need some relief. I know that they called for accelerated depreciation. I will therefore ask my colleague to explain how accelerated depreciation will benefit railways.

Transport, Infrastructure and CommunitiesCommittees of the HouseRoutine Proceedings

December 13th, 2006 / 3:15 p.m.


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Conservative

Merv Tweed Conservative Brandon—Souris, MB

Mr. Speaker, I have the honour to present, in both official languages, the third report of the Standing Committee on Transport, Infrastructure and Communities.

In accordance with its order of reference of Thursday, September 21, 2006, your committee considered and held hearings on the subject matter of Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts, and agreed on Tuesday, December 12, 2006, to report it with amendments.

Canada's Clean Air ActGovernment Orders

December 4th, 2006 / 4:10 p.m.


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Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, if my hon. colleague is referring to Bill C-11, which will indeed take effect in 2011, I will point out to him that there is nothing about hybrid locomotives in that bill. There is no stated requirement for all train engines in rail yards to be hybrids by 2011, and there is nothing about the type of oil to use in order to reduce sulphur and particulate emissions either. None of that is covered.

What is this legislation, which I am very familiar with and have discussed previously, all about? What more does it do?

Perhaps we should put that in Bill C-30, because we did not in Bill C-11.

Whistleblower ProtectionOral Questions

November 29th, 2006 / 3 p.m.


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Ottawa West—Nepean Ontario

Conservative

John Baird ConservativePresident of the Treasury Board

Mr. Speaker, we want to create a culture within our public service where the men and women who serve Canadians and serve our government have the confidence that if they step forward to report wrongdoing, their concerns will be taken seriously. They will also have freedom to do so without fear of repercussions of losing their jobs or facing a demotion.

We have brought forward the most comprehensive, meaningful whistleblower protection ever tabled in Canadian history. Not a single union stepped forward before the Bill C-11 committee hearings, the Liberal bill to support it.

A lot of hard-working public servants are proud of our measures to protect whistleblowers.

Aeronautics ActGovernment Orders

November 7th, 2006 / 1:20 p.m.


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Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, I am pleased to take part in the debate on Bill C-6 concerning the Aeronautics Act.

When this bill was first debated, the Parliamentary Secretary to the Minister of Transport Canada told us that it provides for a legislative framework to further enhance aviation safety and, through safety management systems, to have a system in place that will actually allow a continuous method of keeping Canadians safe. According to him, Australia and the United Kingdom have had great results from this system.

Bill C-6 does indeed deal with integrated management systems and does allow for voluntary reporting programs under which information relating to aviation safety and security can be reported. Bill C-6 is indeed also based on the work done by the previous Liberal government.

However, it will be up to the present government to persuade us, to persuade us and Canadians, that the bill is still a good one.

Before I delve into the provisions of the text, let me make perfectly clear the principle upon which this side of the House's comments are predicated. The average Canadian citizen trusts that when it comes to boarding an airplane in this country, to fly to any destination, our federal government carries out its responsibility to ensure that the flight will be safe.

When parents send their teenage daughter on her first trip away from home, they trust in our federal safety system. When children see their father off on a business trip, they trust in our federal safety system. When a family waits patiently at the airport for a visit from their grandmother, they trust in our federal safety system.

The government has assigned this responsibility to Transport Canada and this bill seeks to amend a large piece of the legislation that safeguards passengers on the planes in our skies.

Bill C-6 amends the Aeronautics Act, which, as we know, establishes the Minister of Transport's responsibility for the development and the regulation of aeronautics in Canada and the supervision of all matters related to aeronautics. In particular, the Aeronautics Act enables the minister to apply the Canadian aviation regulations, which are, in effect, the rules governing aviation in Canada.

Keeping this in mind, I believe all members in the House will understand the caution that we as an opposition will bring to our examination of Bill C-6.

There are four avenues of inquiry that I would like to raise here today. If Bill C-6 is acceptable in premise to this House, then we will soon see it in committee and will be able to apply a stringent analysis of it, beginning, I hope, with these questions.

A large portion of this bill deals with the decision to make “integrated management systems” the basis for a broad range of important regulations, but what exactly are integrated management systems?

Over the past 10 years, companies in the transportation industries have adopted complex plans to achieve certain goals. These are management tools. These plans are systemic, in the sense that they coordinate activities throughout the company to achieve their goals, and they are integrated, in the sense that they bring together the standards set by outside authorities with the processes used by modern transportation enterprises.

Safety management systems are an example of an essential kind of integrated management system. Under a specific safety management system, an airline may, for example, set out how and how often its mechanics have to check an airplane's engines. The plans, the safety management systems, are meant to prevent problems from occurring by taking every reasonable precaution.

By planning how often mechanics are to check the engines and by planning what they should do if there is a question mark of any sort, hopefully there will never be a safety incident. This is the role of a safety management system.

Transport Canada has been working with airlines and safety management systems for several years. Up until now, they have guided a company's actions but have not had the force of law. Instead, Transport Canada has continued to enforce safety regulations, enabled by the existing Aeronautics Act, as the legal standards for safe flying.

If an airline did not comply with the actual aviation regulations, including the paperwork submitted to prove that it was in compliance, it did not matter how good the safety management system was. The airline was simply breaking the law.

Now, with Bill C-6, the government would like to change the obligations of airlines and certain other aviation organizations. The government is saying that Transport Canada should be able to compel these organizations to meet their safety standards, these requirements, and do away with the old prescriptive Transport Canada regulations.

The argument for this evolution is that airlines have many things to do to ensure safety. They have every incentive to be safe and so have already come up with the systems that are most effective.

It is a waste of time and energy, the government argues, for these companies to verify to Transport Canada at every turn that the safety checks are done. Instead, Transport Canada should focus on ensuring that the system agreed to is actually in effect through audits and inspections.

Let us think about this for the average Canadian as if we were taking care of a truck. Right now, Transport Canada tells the company to inspect the brakes every month. It asks for paperwork stating that the inspection was complete. The company's representative declares that the inspection was done and that there was no problem. With Bill C-6, Transport Canada would instead require the company to plan to check the brakes and it would check to see that the plan was being followed, but no paperwork would be submitted on a continual basis attesting that those individual checks were done successfully.

Is this a better way of ensuring safety for travelling Canadians? Does it allow precious safety resources to be better focused on integrating a whole safe system so that incidents do not occur? Or, does it relieve pressure and ultimately lead to gaps that could have tragic consequences?

Despite the enthusiasm of the parliamentary secretary and the minister for Bill C-6, I do not see a clear-cut answer to this yet. We need to know that the safety measures that are to be used are accurate and encourage the safest possible flights. We also need to know that the safety indicators, tracked by different airlines, are comparable, that when we raise the bar, we are comparing apples to apples in establishing our safety standards.

Bill C-6 contains the provision on voluntary reporting of information relating to aviation safety and security, a provision that gives rise to another concern.

The bill authorizes the minister to establish a program under which individuals working in the transportation industry may report to his department any information relating to aviation safety that they consider to be relevant, in the strictest confidentiality. The goal here is for people who are responsible for mistakes to have every reason to admit them as soon as possible so that they can remedied before any damage is done.

I fully support the creation of an environment in which employees and others will do everything possible to ensure safety. In fact, from the important work done by our government in the area of intelligent regulation, I have observed over the years that we must be more flexible in the instruments we choose to achieve the desired result. The desired result in this case is clear: safe aircraft—period.

The government has a spectrum of possible tools at its disposal to achieve this clear goal of safety. They range, on the one hand, from specific command and control style regulations, with Transport Canada saying, “Thou shalt abide by this rule”, to, on the other hand, purely voluntary measures. My concern is that voluntary reporting of critical safety information may not be sufficient in a situation where people's lives and people's livelihoods are at risk.

Undoubtedly, we need a mix of rules and regulations that provide for the best opportunity to prevent air disasters. We have a good track record. Let us be careful about what changes we are ready to make here.

My third area of concern is the powers of the minister generally. There are several pieces of legislation before us this fall, during a minority government no less, that intend to increase the powers of the Minister of Transport.

Bill C-3 would give the minister the direct power to authorize the construction of international bridges and tunnels without parliamentary oversight. Bill C-6 would open the door for the minister to devolve his powers and responsibilities for aeronautical safety to other organizations. Bill C-11 would allow the minister to review mergers and acquisitions in all federal transportation sectors, hardly the hallmark of a Conservative government. Bill C-20, if we ever see it come to the fore, proposes to let the minister oversee and constrain the operations of airport authorities in new and restrictive ways.

When taken as a whole, these measures indicate clearly that the government is moving forward on all fronts to give the Minister of Transport new powers.

It is fear of this very tendency, what was described as a power grab, that prompted a loud outcry from the members of the Conservative Party when they were in opposition. I note that they have been strangely silent for several months now, however, when it comes to expanding government powers. This is particularly true in the case of the backbenchers on the government side.

I would note that I am not opposed to the principle of greater powers when that is necessary, but I would like to remind the minister and the government side of what they said and the expectations they created on the part of the Canadian public. They still have the onus of demonstrating the urgent need to expand the minister’s powers, not only in Bill C-6, but also in four other transport bills.

Finally, let me turn to my fourth subject and my fourth area of concern, the proposed creation of the Canadian Forces airworthiness investigative authority. The new CFAIA, as it is called, would take on the responsibilities of the Transportation Safety Board for aeronautical incidents, including accidents that involve Canadian Forces aircraft.

The information surrounding these events would now fall under the clear jurisdiction of the Minister of National Defence, as we have just heard from his parliamentary secretary. This is, in and of itself, a sensible development. However, the concerns expressed to me by various groups, which I wish to express to the government, regard incidents that involve both military and civilian aircraft.

The new CFAIA would be given the authority to investigate these incidents and accidents in Bill C-6. However, Canadians want to be assured that they will still have access to full and complete information in the unfortunate circumstance that an accident affects them or their loved ones. In fact, they would like access to full and complete information whether or not the accident directly affects them because transparency is of the utmost importance in a democratic society such as ours.

The new subsection 17(2) of the Aeronautics Act would read that investigation observers from outside the forces are “Subject to any conditions that the Airworthiness Investigative Authority imposes...”. It is incumbent upon the government to now clarify what measures are being taken to guarantee that the facts of any future incident will not be covered up using the proposed provisions of the Aeronautics Act.

I know that the government is committed in words to transparency, but Canadians need to see that the government is equally committed to act in a transparent manner.

I am pleased to see that under Liberal leadership, the government did extensive consultations with industry, labour and other stakeholders, and that there appears to be widespread support for some of the provisions in this bill, but as a responsible opposition, we are not yet convinced that the bill as written meets the appropriate societal tests.

There is no doubt in my mind that we must be constantly vigilant to ensure that the federal government, which is constitutionally seized with and responsible for aeronautical safety, and the private aircraft operators and companies who compete today in a low margin, highly competitive international marketplace, have struck the appropriate balance of rule and regulation to provide for safety in the greater public interest.

The families who depart and arrive in airports throughout Canada, every minute and every hour of every day, deserve no less than our full attention to Bill C-6.

We will support the bill at second reading and I look forward to the opportunity in committee to hear witnesses explain, in much greater detail, what will actually happen on the ground should Bill C-6 earn our ultimate approval.