Thank you, Mr. Chair.
Dear colleagues, I am pleased to have this opportunity to appear before the committee regarding amendments proposed to Bill C-6, an Act to amend the Aeronautics Act.
I would like to start by pointing out that Canada has one of the safest air transportation networks in the world. Moreover, allow me to draw the attention of committee members to the fact that over the last 10 years, Transport Canada on two occasions voluntarily agreed to have Canada submit to comprehensive International Civil Aviation Organization audits. The most recent audit, undertaken in 2005, showed that Canada had a rate of compliance of 95.5% compared with an average of 68% for other countries. Moreover, Canada was singled out as a model for the 190 other signatory countries.
Safety management systems in particular are an international initiative recognized as the most significant advancement in aviation safety in recent years, and Transport Canada is considered a world leader in this area.
The proposed amendments contained in Bill C-6 are not before Parliament for the purpose of seeking authority to establish SMS. They are intended to maximize the effectiveness of the existing SMS safety framework and to facilitate the implementation of SMS for certificate holders. This would be done by allowing me, as the Minister of Transport, to require, by order, certificate holders to enhance their SMS or take corrective measures regarding the systems when I consider these systems are deficient. As well, the proposed amendments would provide protection provisions for individuals regarding internal reporting of safety information.
SMS is not self-regulation. I repeat: SMS is not self-regulation. It is not deregulation and it has never been about reducing the number of inspectors involved in safety oversight. The number one priority for resource allocation has been, and will continue to be, to ensure effective safety oversight of the industry.
As I have said on many occasions, SMS regulations are an additional layer above and beyond the existing regulations, requiring certificate holders to be more proactive in identifying hazards before they lead to accidents. SMS implementation does demand changes in how some aspects of safety oversight are delivered.
A new SMS enforcement policy has been established by stating clearly that all intentional violations will be vigorously enforced, and we have proposed in Bill C-6 that the maximum level of sanction be significantly increased, as you have seen. If certificate holders are unwilling to develop appropriate corrective measures, or are unable to implement these measures, enforcement action will be vigorously pursued.
The cancellation of the national audit program is also of concern to some and has been used as an example supporting the belief that we are curtailing safety oversight under SMS. In fact, the safety oversight of large operations will continue to be subject to thorough and rigorous safety assessment and validation processes. For the operations outside the SMS safety framework, such as those other than large air carriers, nothing has changed.
Finally, Mr. Chairman, colleagues, I would like to clarify parts of the bill dealing with reporting programs.
As you know, there are two types of voluntary reporting schemes under Bill C-6. They offer different types of protection. The first scheme is a universal and voluntary reporting program which would not involve disciplinary action. All aviation industry stakeholders have access to it and may use it to issue safety-related reports. Individuals are assured that all reports remain anonymous and that the information will not be used against them for law enforcement purposes.
The purpose of this protection is to encourage comprehensive data reporting on safety-related matters, which Transport Canada could not obtain otherwise. I should point out that this protection would not apply when there are accidents of course, criminal offences, or voluntary violations.
The second scheme is directly related to the safety management system and deals with information which could be obtained by Transport Canada when a certificate holder's internal reporting system is being evaluated or audited. This scheme encourages individuals to voluntarily declare safety-related data and provides employers and employees protection against access to information, as well as the assurance that the information will not be used against them. This type of protection also covers data collected from flight recorders.
The purpose is to promote a culture of trust among employers and employees as well as to amass as much safety-related data as possible. Both schemes are based on the same principle. Moreover, once data has been depersonalized, it becomes accessible to all for the purpose of additional analysis and distribution.
That said, safety monitoring reports will, of course, be subject to the provisions of the Access to Information as well as the Privacy Act. Transport Canada has endeavoured to strike a fair balance, to encourage individuals to regularly report data which will serve to enhance air safety without compromising accountability, while maintaining the right to pursue law enforcement action where needed.
Some witnesses have advocated the creation of whistleblower protection. This possibility was studied, but we realized this approach could not be adopted inside the SMS framework if we want to nurture a safety culture. However, whistleblower-like protection exists in the proposed voluntary non-punitive regime described above, and it already exists in the civil aviation issues reporting system, which is open to everyone.
Finally, it's important to mention that these protections will never prevent enforcement action for deliberate and wilful commission of violation for which Transport Canada would have obtained evidence through its own investigations.
In conclusion, I would like to note that we have listened to the testimony provided by various witnesses and the concerns raised by the members around the table. I am happy to inform you that the government will be bringing forward amendments to address these concerns, specifically on the issues I have outlined here today.
I would be pleased to work with this committee in a positive and responsible manner in order to contribute to the consideration and passage of air safety-related legislative provisions in Bill C-6.
I thank you for your attention. Departmental officials and I are now prepared to answer your questions.
