An Act to amend the Aeronautics Act and to make consequential amendments to other Acts

This bill was last introduced in the 39th Parliament, 1st Session, which ended in October 2007.

Sponsor

Lawrence Cannon  Conservative

Status

Not active, as of June 13, 2007
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment deals with integrated management systems and authorizes the establishment of voluntary reporting programs under which information relating to aviation safety and security may be reported. It also authorizes the designation of industry bodies to certify persons undertaking certain aeronautical activities. Other powers are enhanced or added to improve the proper administration of the Act, in particular powers granted to certain members of the Canadian Forces to investigate aviation accidents involving both civilians and a military aircraft or aeronautical facility.

Elsewhere

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

Votes

June 20, 2007 Passed That Bill C-6, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts, as amended, be concurred in at report stage with further amendments.
June 20, 2007 Failed That Bill C-6 be amended by deleting Clause 44.
June 20, 2007 Failed That Bill C-6 be amended by deleting Clause 43.
June 20, 2007 Failed That Bill C-6 be amended by deleting Clause 36.
June 20, 2007 Failed That Bill C-6 be amended by deleting Clause 35.
June 20, 2007 Failed That Bill C-6, in Clause 49, be amended by replacing line 14 on page 78 with the following: “(2) Sections 5.31 to 5.393 of the Aeronautics Act, as enacted by section 12 of this Act, shall not have”
June 20, 2007 Failed That Bill C-6, in Clause 49, be amended by deleting lines 14 to 16 on page 78.
June 20, 2007 Failed That Bill C-6, in Clause 12, be amended by deleting line 35 on page 11 to line 5 on page 16.
June 20, 2007 Failed That Bill C-6 be amended by deleting Clause 12.
Nov. 7, 2006 Passed That the Bill be now read a second time and referred to the Standing Committee on Transport, Infrastructure and Communities.

Pilotage ActGovernment Orders

June 20th, 2007 / 6:35 p.m.
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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Mr. Speaker, this gives me a great opportunity to answer the member's question specifically and to talk a bit about moving forward as the member mentioned.

We do get the job done on this side of the House. The government is moving forward with a tough agenda. We are not going to move forward like the NDP did on Bill C-6, which was actually moving backwards. We want to get the job done.

We did listen to stakeholders and we will continue to do so, from coast to coast to coast. I want to let the member know that I personally met with the union members and the officials he is speaking of from the marine industry representing the employees. I met with them and listened to them some four or five months before this issue even hit the radar screen on the NDP. So, we are listening and we are getting the job done.

Pilotage ActGovernment Orders

June 20th, 2007 / 6:30 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I listened with great interest to the parliamentary secretary.

Given the fact that the government is rushing forward with this bill that was only actually brought forward for first reading 48 hours ago, and because of some of the real problems we have seen in the transportation policy brought forward, thank goodness we just stopped Bill C-6 in the nick of time. At least Conservative members will have a few months to go home and think about the actions that they may take on Bill C-6.

Coming back to Bill C-64, the parliamentary secretary talked about consultations. This is the same Conservative government that has refused to bring marine employees in through their unions into a national marine advisory council, despite the fact that we have had very clear guidance from the transport committee saying that this needs to be put in place.

Marine employees, those workers who work in marine industries, need to be at the table when there is discussion around national marine transportation policy. It is logical. It makes sense that we would actually consult the people who know the most about marine policy. It is certainly not the CEOs. It is the people who actually do the job. Those are the folks who need to be consulted.

I enjoyed his speech, as I always do, but when he talked about stakeholders, could he tell us, were employees consulted, were unions consulted, or were the stakeholders simply company CEOs?

The House resumed consideration of Bill C-6, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts, as reported (with amendment) from the committee, and of the motions in Group No. 1.

Aeronautics ActGovernment Orders

June 20th, 2007 / 4:45 p.m.
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NDP

Yvon Godin NDP Acadie—Bathurst, NB

The Canadian Union of Public Employees is against the bill.

One of these days, we will all be sitting at home and there will be an accident. We will then read in the papers that the airline did not fulfill its responsibilities in terms of safety. However, since it filled out the aircraft journey log, it will be protected. The government will not be able to hold the company responsible. We will not be able to hold it responsible, and families will have problems and will be left to deal with the tragedy.

This bill is important and should have been adopted a long time ago. This bill also aims to raise the awareness of the Conservative government, the Liberals and the Bloc Québécois. How can they accept the fact that the government is abdicating responsibility for corporations that should be under its supervision?

Take Air Canada for example. This example may seem rather banal, but in a country like ours, which is supposedly bilingual—French and English—on-board instructions were not even provided in French on Air Canada planes. Flight attendants did not give instructions in French. We had to fight for our official language rights. At long last, a manual now exists, and the flight crew is responsible for providing passengers with emergency landing instructions in both official languages.

This is an important bill, and it is unfortunate that it has come along at the last minute and without warning, and that it does not appear very important. Yet, workplace health and public safety are of prime importance. Once an accident happens, it is too late. The public should know what the government hopes to achieve with Bill C-6. It hopes to shift its governmental responsibilities for public safety and health onto the airlines. This is completely unacceptable and even worse than the Coast Guard situation.

If we put fewer Coast Guard members out there, people could be in danger. There are not enough people to help us in these situations. I remember the same thing happened in New Brunswick in the mining industry over 15 years ago. At the time, the government was responsible for the health and safety of below-ground workers. It was called the Mining Act. The inspector was responsible for various things. Then the government turned the tables and made the company responsible. They could have at least left the inspectors in place or added more inspectors so that work sites could be inspected. That is when they started reducing the number of inspectors.

That is really where it all began: the government started reducing the number of inspectors working in the airline industry, and that is sad. I do not want to see the day when, at home or elsewhere, we hear about an accident in which people lost their lives, or about a plane that crashed in a city or in the country, killing innocent bystanders.

I do not want to see that day because it will be Parliament's fault for passing the Conservative bill as it is currently worded because the Liberals and the Bloc Québécois voted in favour of it. They have not done their duty. The union of public employees was clear about not being in favour of this bill. We are therefore not the only ones.

Aeronautics ActGovernment Orders

June 20th, 2007 / 4:45 p.m.
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NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, I would like to thank the NDP member for Burnaby—New Westminster for all the work he did on Bill C-6, which is an important bill.

Bill C-6 has been around before. In the case of railways, the bill was amended to make companies responsible for ensuring railway safety and to remove this responsibility from the government's mandate.

Not long ago, the news reports and newspapers were saying that the railway linking Moncton to Campbellton was so damaged that a VIA Rail train was an hour late by the time it got to Bathurst. Imagine a whole hour late. Also, what would happen if a freight train carrying dangerous goods derailed, or if the goods spilled into the rivers? The government is no longer there to keep an eye on things. They leave it to the companies and big corporations.

As for the air industry, we should remember the difficulties Air Canada experienced. It was on the verge of bankruptcy. It practically declared bankruptcy. Without blaming Air Canada, we have the right to wonder whether corners will be cut. What does the government have to say about that? It could not care less. This is also what happened with the Coast Guard, which suffered cutbacks. There are no more fish in the sea, so there is no need for anyone to monitor the sea or the ocean. I do not think anyone can get hurt or lose their life because of that, but the air industry is another story.

The government just wants to turn around and say that in this case it is not responsible, the airline company is. It is up to the company to say when something is wrong. If it does not say anything, it is responsible. All it has to do is say something, write it in its logbook, and that is that.

I would like to go back to the railway between Moncton and Bathurst. I am thinking of all of the derailments that have happened across the country: in the west, in Ontario and in Quebec. The government is not fulfilling its responsibility. It has passed everything on to the companies. As everyone knows, these big companies were good friends with the Conservative and the Liberal governments, so the government wants to lighten their load and, at the same time, abdicate its responsibility so that it does not have to spend a lot of money.

Furthermore, Bill C-6 does not protect whistleblowers. For example, when I was working in the mines back in 1978, we made sure that a worker could refuse a job if he thought that it would endanger his health or safety. Workers also had the right to tell their co-workers that the work posed a health or safety threat. Bill C-6 offers no protection for whistleblowers. There is nothing to protect whistleblowers who might want to say that they think the plane that passengers are about to board is not safe, that something could happen to put people in danger. There is nothing to protect those people.

How can the Conservative government, along with the Liberals and the Bloc Québécois, support a bill like Bill C-6? All three parties support this bill. With respect to the—

Aeronautics ActGovernment Orders

June 20th, 2007 / 4:30 p.m.
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NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-6, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts.

We are at report stage in this debate, which is a very crucial phase of the debate where we are considering the amendments that were made at the transport committee to this important bill.

I want to begin by thanking my colleague, the member for Burnaby—New Westminster, for his work on this important legislation. He has toiled long and hard to ensure that the House pays due attention to the safety concerns of Canadians when we are travelling by air. He has worked to see improvements made to the proposed legislation.

We still believe it is a very flawed bill but the work of the member for Burnaby—New Westminster has certainly ensured that it is a better bill than it was and the amendments that he has brought forward are very important toward that.

It remains a deeply problematic bill, however, because all of the amendments that were necessary did not get passed.

We debated that process in the House yesterday and we are debating it again today. It is, as I said, a very crucial piece of legislation. I believe all Canadians want to know that they are safe when they are travelling by air. They want to know that the airline industry is safe for the people who work in it. They want to be sure that someone is paying attention to the safety of our air transportation system.

I am not convinced that Bill C-6 would act in the interest of Canadians when it comes to ensuring our safety as we travel by air or as we transport goods by air.

The proposed legislation would enshrine safety management systems to allow the industry to decide the level of risk that it is willing to accept in its operations, rather than abide by a level of safety established by a minister acting in the public interest. It would allow government to transfer increasing responsibility to the industry itself to set and enforce its own safety standards. It is designed in part to help Transport Canada deal with declining resources and high projected levels of inspector retirements.

That is of great concern to me and to members of the New Democratic Party. The basic premise of the bill to allow the transfer of responsibility from government to the corporate sector for something as important as ensuring safety just is not an acceptable way to go.

As someone from British Columbia, I have watched the increasing number of railway accidents in recent years that have caused deaths and environmental problems in British Columbia and across the country due to safety concerns. We have also heard concerns from some of the workers whose colleagues have been killed in these accidents and from workers who have made that a key component of their bargaining in recent collective agreement negotiations with the major rail companies in Canada. They have tried to highlight their concerns for ongoing safety because we know that the railway industry has a similar system to what is being proposed in Bill C-6 for the airline industry. We have seen the failures of that by the large number of railway accidents in recent years.

As someone from British Columbia, I am also concerned about the major derailments on the former BC Rail line which have caused many deaths. There have been many fairly dramatic accidents. One accident in particular was the Cheakamus Canyon derailment which caused the death of that river and will require probably decades of remediation work to bring the river back to even some semblance of what it once was. The derailment caused the dumping of hazardous materials into the river which killed a huge number of fish and other creatures that live in that river system.

It is a very important concern to me, to the people in my riding and to the people of British Columbia when we see a safety record in the railway industry that causes those kinds of concerns and has led to those kinds of accidents and has not improved the safety record of railways. It has done nothing to improve it, to make it better, to prevent accidents, to prevent the deaths of workers and to prevent environmental problems that result from those accidents.

I think we want to be absolutely certain that any legislation that goes forward from this place does not contribute to a similar circumstance in yet another transportation industry. Our concern is that Bill C-6, which deals with the aeronautics industry, would lead to similar circumstances in the management of safety concerns and the attention to safety details.

It is always a concern to us when we turn safety monitoring, safety enforcement and enforcement measures over to the corporate sector to follow because we know that in the corporate sector the bottom line is the financial ledger. It often does not pay the attention needed to safety because of its concerns about profits. I suppose that is a reasonable circumstance if one were in the corporate sector, but I do not think it is a reasonable assumption or a reasonable premise for Canadians who use the airline industry.

I remember where this was first driven home for me years ago. It was at the Miners Museum in Cape Breton. I do not know if the museum is still there because it has been some decades since I was there. However, off the main lobby of that terrific museum on Cape Breton Island was what looked like a side chapel and there was a glass case that had a number of objects in it. One of the two key components in that display was the company ledger showing the profits that the company was making. The other component was a list of the workers who had died in that particular mine because the museum was built on the site of a former coal mine on Cape Breton Island. There was no explanation as to why the company ledger was sitting there beside the list of workers who had died but it made a very powerful statement and a very deliberate statement about how those two things were not combined naturally to pay attention to the safety of the people who worked there and to ensure their safety and well-being as they worked there.

For me, that was a very dramatic example of the kinds of concerns that arise when we allow the corporate sector a free rein over issues like worker safety and the safety of the travelling public, which is why I am very skeptical about the direction of Bill C-6 and what it hopes to accomplish as a piece of legislation in this House.

Safety should never be subject to the rise and fall of a company's profit margin. I think that is particularly true in the airline industry where we know that often airline companies have had a difficult go of it in Canada, where we have seen airlines come and go in recent years because of the difficulties of making a reasonable profit, of making a go of it as a business in that industry. That kind of circumstance, I think, is ripe for the kinds of concerns to arise over cutting corners when it comes to dealing with questions of safety.

I know there are many concerns that we have in this corner about Bill C-6 but we do not think the amendments at report stage go nearly far enough to addressing all of them.

Our three major concerns are around the safety management systems. As I have already noted, the airline industry would be permitted to increasingly define the safety level of its operations. I think all of us would see some flaw in allowing that to happen. We are concerned that there would be no spokesperson for the travelling public to ensure that there is another standard applied to those operations.

We also know that heightened secrecy would be allowed because of this legislation. It would restrict access to information on the safety performances of airlines. Certainly, in a situation where we are turning that over to airlines, that is of great concern. Any more secrecy is not appropriate.

We also know that the whistleblower protection included in this legislation for employees would not be strong enough to allow an employee who sees a serious concern about safety to make that public and seek a resolution to that where it has not been given appropriate attention by the company, and that is not acceptable either.

We also see that there is a lack of accountability overall for airlines in this because it would give them, I think, far too many chances to voluntarily correct problems, that it would set deadlines in a timely fashion rather than on an immediate or urgent or—

Aeronautics ActGovernment Orders

June 20th, 2007 / 4:10 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, it is with great anticipation that I rise to speak to Bill C-6. This is an opportunity for members of Parliament to deal with an issue that many of our constituents do not have the time or the ability to delve into this type of legislation, but yet it impacts their lives in a serious way.

The region I represent in northwestern British Columbia is often described as remote. It is certainly spread out. When I return to my constituency, I use any one of a number of seven different airports to access the communities and villages that I serve and represent. Air safety is one of the most important issues for the constituents who I represent.

It goes without saying that the work of the member for Burnaby—New Westminster is laudable and commendable due to his unending energy in trying to squeeze out of the government and the other opposition parties better legislation. We all know that at the end of the day, regardless of partisan interests, we only want to promote legislation that most protects the health and safety of Canadians. Members of Parliament only want legislation that properly balances the powers that be within the country and those interests of the voters who we represent.

Bill C-6, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts, is a broad, sweeping bill. It is a bill that has had some long history of debate. It has been pushed by various governments, previous Conservative and Liberal governments, and now the current Conservative government. Each time the bill is presented, the part which is most desperately flawed pertains to the interests of average Canadians.

Representatives from the industry are always front and centre and are always well represented and well rehearsed in the things that they want primarily around the issue of self-regulation and them being able to monitor themselves and their safety record. Whereas, the bill does not balance properly on the side of constituents, flyers, people who rely upon air travel and depend upon it.

Often the captain will come on the intercom and comment that the most dangerous thing we will do that day is drive to and from the airport and that the flying is incredibly safe. This is an unbelievably important part of the airline industry.

Anyone who knows the history of the airline industry in North America, the first and most important thing it had to address and deal with was the concept that this was a dangerous activity. For many people initially, the idea of getting into a plane was considered very dangerous and it was. There were very few regulations and safety requirements, much like it was getting into an automobile when they were first invented, but there was an evolution. We saw an evolution in regulations, unfortunately often driven by accidents.

When an air accident would occur, the transportation and safety review board, or whatever incarnation there was at the time, would come on to the scene, review what had happened and then make recommendations to the government, which it could enshrine either in legislation or regulations, but something that would then protect the public. This would then give greater assurance to future travellers that they and their families would be safe.

There has been a natural tension and while potentially healthy, it also has the potential for great harm. That tension is between the air carriers, the companies involved, particularly the two major national ones, and their interests. Generally speaking, if we speak of fiduciary responsibilities, it is the maximization of profit for their shareholders. That is what their board and corporate governance structure is meant to do. It is meant to allow the greatest benefit derived for all those who have invested in their companies. This is matched off against the need for proper regulations and safety requirements. Lo and behold, sometimes safety actually costs money and time.

To ensure that something is safe and it is something we can all live by, it has to be done right. It has to be fixed right. It has to be of the highest quality and standards.

Many members of Parliament, as this session ends, will be considering their travel plans. Many of us have to board an airplane. In all the confusion in trying to get onboard that airplane, one thing we do not often think about. We assume our travel experience, while it will be potentially long and annoying, because we are on these things all the time, will be safe. That is something that goes without saying because there have been relatively few accidents in the Canadian airline industry.

The tension that exists and that is not properly balanced within Bill C-6 is between the role of government and the role of the private sector. Government has no right and no business telling the airline industry how to run a maximizing profit industry. That is the responsibility of the airline executives, management and consulting crews.

The government's responsibility is to balance those interests with the interests and safety of Canadians. Canadians trust our ability and our tenacity to ensure we never pass laws that would put them in any jeopardy.

Lo and behold, this bill moves toward a self-monitoring, a self-regulating and a self-inspecting regime. This would allow the industry to make up rules and decide what level of risk and safety would be permissible. The industry's sole and primary interest is not only making a profit. The industry's interests are mixed. Ours is to allow a healthy industry to exist while at the same time balance the public benefit.

There are two analogies that I would like to mention to members and they work best for my region in northern British Columbia. One is in the forestry sector and the other is in the train sector.

Many of the rail systems in Canada, particularly in British Columbia, for convenience sake or just by fate of history often run beside many of our major waterways. Over the last number of years, we have seen an increasing rate of serious train accidents, which have caused us grave concern. Many of these trains pass right through our towns and our communities, sometimes within 100 feet of people's homes. The buffer between having a safe and reliable train system and having one that causes great harm is not great. There is not a lot of space.

As the industry has moved toward self-regulation, self-monitoring, deciding within its own confines what is safe and not safe, exactly what the airline industry is asking for, the accident rate goes up.

I speak with rail workers every day when I am in my constituency of Skeena—Bulkley Valley. They privately talk to me about what is going on within their industry. They tell me that the drive toward the bottom line has become intense. The basic safety mechanisms that have been developed over time, often based upon accidents, have not been made out of thin area. Inspectors go on site after a major accident and they design a safety protocol after they realize what went wrong. That is meant to happen. That is the reason we go about these things.

When an industry is moved toward deregulation and self-monitoring, all those regulations come into question. All those safety mechanisms potentially go off the books. If an industry feels it is cutting too much into its bottom line, it can decide that a particular safety clause designed back in 1985 no longer pertains and it costs $1 million a year, and it will let that clause slide.

With no transparency at all existing within the bill for the airline industry, Canadians will not know what safety regulations have been taken out. In the future imagined by this bill, there will be no way of knowing whether all the safety procedures were taken or not. It was not up to any regulator to decide; it was up to the industry to decide. While we all hope that safety is important to the industry, with this conflict of interest built within the bill, it is not a risk that we can take.

The other sector that is important in our region is the forestry sector. Whenever there was a fatality within the forestry sector, inspectors would go to the accident site to find out what went wrong. They decided that certain safety measures had to be put in place to prevent the future loss of life. It was shown that rules and protocols were necessary.

When we moved to a deregulated forestry sector, when we moved to a place where health and safety requirements were placed in the hands of the company with a profit motive, there was a huge spike in the number of forestry fatalities in British Columbia. There were 50 last year. Those 50 lives could have been saved.

What we need to do at this moment is to reconsider the bill from top to bottom, move the amendments that the NDP has called for and then build something that we can all be proud of. It should not be to the rush of some limit of time but something that we know will keep Canadians safe.

Aeronautics ActGovernment Orders

June 20th, 2007 / 3:55 p.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, it is a pleasure to speak to this bill. I want to begin with a brief citation from an article that appeared in the Toronto Star about a year ago:

Jetsgo, which offered tickets as low as $1, had repeated mechanical breakdowns, shoddy maintenance practices, inexperienced pilots and midair mishaps. Transport Canada, which is mandated to keep Canada's skies safe, knew of the problems, but for 2 1/2 years dismissed the troubles as the growing pains of a start-up operator. Only after a near-crash in Calgary in January 2005 did it take tough action, but even after a special inspection the next month revealed serious trouble, the regulator continued to publicly tout the airline as "safe."

I raise this because the bill we are dealing with today, Bill C-6, is about health and safety. It is about the health and safety of the public in the airline sector. It is about the safety of people who work in this sector. Bill C-6 would not address the situation the article describes with Jetsgo, which subsequently did go bankrupt, but it would make this situation worse.

We have seen, certainly for more than the last two decades, a period of deregulation and privatization, increasing transfer over to the private sector of oversight and enforcement of various rules. I do remember the pre-deregulation period in the transportation sector. The public was assured and the airline industry was assured that there would be no compromise on safety, that public safety was paramount and that even though companies were to be privatized and there was to be deregulation in terms of fares and routes, there would not be deregulation of the public good when it came to safety, that that would never happen.

Today we have Bill C-6 which would do just that. I want to review what it is that Bill C-6 will do. It will enshrine what is called safety management systems and it will enshrine them so that the companies themselves in effect will be supervising their own safety compliance. It transfers increasing responsibility over to the industry itself to set and enforce its own standards. It is designed not to enhance the public safety or security in the airline industry. What it will do is help Transport Canada deal with limited declining resources and projected declining numbers of airline safety inspectors due to retirements.

Certainly the Canadian public wants to be assured that their safety is paramount and is not compromised in dealing with administrative concerns about lack of resources or demographic changes among the inspectors because of retirements. Canadians have a great deal to be concerned about with this legislation. Self-enforcement when it comes to public safety in the airline sector is simply unacceptable.

It began in the U.S., but it has expanded to Canada and to many other countries. We have seen with deregulation absolutely cutthroat competition in the airline sector. I have worked in this sector. I have seen the changes that have taken place over the last several years.

The kind of service that has been offered to the travelling public has changed dramatically. Certainly no one would want to see their safety treated as the change in meal service has been treated on the airlines. No one wants to go from a full breakfast on Air Canada to peanuts and have their safety treated in a similar fashion. However, we are finding this incredible cutthroat competition in the airline sector.

When it comes to food, bringing one's own lunch, breakfast or dinner is not a big deal and people are doing it. However, when it comes to public safety and security, we do not want public safety and security to be subject to cutthroat competition.

Competition has been exacerbated by high fuel prices which have squeezed the airline industry even further. With the high prices of fuel combined with cutthroat competition, airlines are being driven into the ground. The industry has been littered with bankrupt airlines going back a number of years.

There is one area in which we do not want airlines to compete. In that incredibly fierce competitive environment, the one area we want completely protected from cutthroat competition surely is public safety.

We know there have been a number of close calls over the years, but generally, I think the travelling public feels fairly confident in the airlines when it comes to public safety. This goes back to the reassurance that Canadians had prior to airline deregulation and privatization that whatever happened, public safety would be paramount.

The issue we are raising around Bill C-6 is the concern that public safety will no longer be paramount. That bedrock confidence Canadians have in the safety and security of their airlines can no longer be resting on absolutely firm ground as it has been in the past.

I do want to commend my colleague from Burnaby—New Westminster for the tremendous work he has done in the transport committee in trying to amend what is a very bad bill. He has been successful in making a number of positive changes that have tightened this bill to some degree, but not to the point where the public can have assurance that their safety is going to be completely uncompromised. For that reason, I am rising to oppose this bill. I think it is not in the best interests of Canadians.

We are a vast country that was built on effective transportation. Certainly the railway from sea to sea and airlines in the 20th and 21st centuries have allowed Canadians to stay connected with one another. For our country more than any other country in the world to compromise public safety with a bill like this by transferring responsibility for safety enforcement to the very companies that are in this cutthroat competition in a deregulated environment, I believe is wrong.

Aeronautics ActGovernment Orders

June 20th, 2007 / 3:55 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, the hon. Justice Virgil Moshansky said:

This is an ominous sign for the future of air safety in Canada, particularly if Bill C-6 is allowed to proceed...

When people like the hon. Justice Moshansky are raising serious concerns, why are the Conservatives doing this? Why are they being so irresponsible?

Aeronautics ActGovernment Orders

June 20th, 2007 / 3:40 p.m.
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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, it is a pleasure to rise this afternoon to speak to Bill C-6. This is very much a consequential act, which would make a significant change in the airline industry.

Today we are debating a series of amendments to Bill C-6 that were introduced to make it a better bill, but the government has decided to take out some of those amendments, water down the bill and water down safety requirements for the airline industry in this country, in particular for Air Canada as well as WestJet, which quite frankly did a good job of lobbying to get less accountability to the public into the system.

It is important in the debate to talk about the overall situation in manufacturing and also connect that to why Canadians and Canadian consumers deserve greater accountability. It is perplexing why the government wants to continually take those types of amendments out of legislation.

Most recently it did this with regard to the rail transportation amendments, and once again it has taken out provisions for accountability for the airline industry in regard to providing full information in terms of disclosure about the ticket, the price, the charge, the fees and all those different and often hidden charges that are in the system. The government took those out of the previous bill, which is puzzling.

In the previous bill, the government also took out the opportunity for neighbourhoods to have mediation when there is a dispute with rail properties and their usage. I do not understand why the government would want to take away these civil liberties that consumers really deserve and should have our open market society.

These provisions, which were introduced by the NDP, are important. My colleague, the member for Burnaby—New Westminster, deserves a lot of credit for working hard on the bill. He was able to work with other opposition parties to change the bill significantly in favour of the public, but we now are seeing the erosion of those changes, and in particular a safety management system that really will give the industry carte blanche in terms of its operation and the actual application of reporting safety hazards and problems in the airline industry.

Even when there are violations, and I will get into some of the particulars later, the industry actually gets a get out of jail free card. It can make self-correcting measures. At the same time, this will do nothing to punish a race to the bottom, which can happen in this industry.

We have been fortunate. The airline industry rebounded somewhat in this country after 9/11. We have had significant problems and challenges. Extra fees were added for security as well as other types of operations. There have been increased costs for fuel and other types of factors that have really challenged the industry.

The industry has done a good job of working its way back, but at the same time it does not take away from the fact that we do not want to have less accountability, fewer restrictions, and less opportunity for the public to get information about safety issues.

Today, the parliamentary secretary, who was actually the chair of the industry committee, tabled a report from our counterfeiting study that our industry committee just concluded. Part of the testimony we heard was that counterfeit parts are being used by current airlines and other industries. We heard that not only in terms of aerospace, but also, for example, in regard to circuit breakers that were knock-offs and ripoffs and were being used in hospitals, which can affect Canadian patients. If we have less reliable and unaccountable products as part of the system of managing our hospitals, what takes place when there is a problem? There is no accountability.

We heard evidence in the industry committee that we are getting knock-off parts that are being used in the aeronautics industry. Why would we allow this to continue? The recommendation of our committee is to clamp down on some of the counterfeiting that is out there and to make people more accountable, not only those who are procuring the counterfeit products but also those who are the distributors of those products and, lastly, the companies and the countries that are allowing this to be perpetrated.

At the same time, by removing accountability, we are now going to be introducing a system that will allow a company not to have to report to the department to the fullest extent possible when we have airline industry problems. That is an issue. As a young father, I have brought my daughter here to the House of Commons for this last week. We flew here. One thinks about the safety issue. I do not like to fly as it is. I have never enjoyed that part of this job, but at the same time, one gets over it.

However, what one does hope is that we have the highest degree of safety standards. I have confidence in the airline providers that we have had, but at the same time we know that at times there have been providers that have actually taken out safety requirements or have had improper practices that have put people at risk, not only in this country but around the world.

We have had that happen in this country, too, and Jetsgo, for example, is an oft-cited case in which thousands of passengers got on planes that had problems. The reporting and the accountability were not up to snuff in terms of how I would feel about it.

When we get on a plane we want to feel that there will be the best practices possible. Those best practices come from healthy competition but also from the accountability of the consumer being able to make the right choice about how they want to spend their money and also knowing the value of that related to the product they have. Some of it is safety driven. Having that opportunity to select safety as a priority for one's purchasing is something that consumers across the country deserve, not only in aerospace but also in automobiles and other types of manufactured devices.

We can see that things do get through the system. Again, on counterfeiting, right now we see a toothpaste that was in Canadian stores. It was poison, quite frankly. Also, my son was one of those persons who had a Thomas the tank engine train that was painted with lead-based paint from a company in China that was importing it into Canada.

We can see that not only are we getting some of these products into the country—and our laws at the border to regulate and inspect them are deficient—but they are getting into our system. This has penetrated into our aerospace system, as was shown by the evidence presented at the industry, science and technology study on counterfeiting. Why, then, would we change Bill C-6 to take out provisions that would provide for less accountability when we need it most right now?

That is important. Once again, consumers should have the opportunity to evaluate and equate the safety of airlines when they are making a purchase. It should be just like they do it for comfort. I do not believe the bill does us a service in that regard. I am very troubled by the fact that we would do it when we have a situation emerging in Canada that has been identified as a priority.

It is important to note that on the counterfeiting study we have all party unanimous consent on a series of recommendations. That is important, because we know that there is a public priority for those recommendations. That is why I am troubled that the government wants to move away from that accountability.

As for the corporate responsibility, when we look at the history of it in this country, it has had some unique things that are quite puzzling. It was only a few years back that we were able to wrestle down the Liberal government to get it to change the tax deductibility of corporate fines and penalties.

Let us imagine that. If a company polluted or was caught in some type of business practice, went through the court system, was fined, penalized—the whole judicial review—it then wrote off up to 50% of the fine as a business related expense. If in their corporate plans companies used pollution discharge that is illegal or used products or services that were counterfeit or certainly not at the industry standard where they were supposed to be, they would actually be allowed to write off 50% of that.

I will conclude with this. There are other important issues in the bill. They involve everything, even whistleblower protection, which is being usurped; it is conditional in the bill, which makes no sense at all. We fought across the country to get whistleblower protection here in Ottawa and there are still some problems with it, so taking that away from another important bill makes no sense whatsoever.

To conclude, let me say that this is a plea to the government. We do not want to have our transportation systems, which business travel and passenger travel depend on so much, put under a cloud that could create further problems for our productivity.

That is important to note because if there is a significant safety problem as a result of this bill and accountability is brought to bear on those who brought it here, other people will pay, people other than the injured and the people who rely upon the practice or the business itself. Other people will lose out as well. That is why we need to change this bill and make it better, like the way it was.

The House resumed from June 19 consideration of Bill C-6, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts, as reported (with amendment) from the committee, and of the motions in Group No.1.

Motions in AmendmentAeronautics ActGovernment Orders

June 19th, 2007 / 1:55 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, the criticism that we have is focussed on the unprecedented and unacceptable decline in regulatory oversight by Transport Canada contemplated by Bill C-6, a bill that would allow a greater ability of the airline industry to set and enforce its own safety standards out of public sight and scrutiny. Those were the legitimate grievances that we brought forward.

The NDP moved more amendments than any of the other parties and we stuck to them, forced them through and worked with them, while the Liberals shed theirs as it was convenient after they had made the splash that they had put forward amendments.

We stuck to ours and got them through. We worked the committee as it should. However, we were disappointed with the Tory amendment today which would gut air safety. It is worth noting an article in The Hamilton Spectator in which retired Alberta justice, Virgil Moshansky, said:

I think it is very troubling that the government has tabled a motion that has gutted the very critical amendments to Bill C-6, approved by the committee after four months of hearings.

We concur that it is very troubling and that it should be condemned and voted against in this particular House of Commons. The Liberals are supporting the Conservatives' amendment to gut the bill.

Motions in AmendmentAeronautics ActGovernment Orders

June 19th, 2007 / 1:50 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, I am standing as a member of the party that introduced a bill like this in the last Parliament. I take exception to a member suggesting that there was collusion between the Liberal Party and the governing party to ram a bill through without debate.

The truth of the matter, if the member can ever recognize it, is that there were four months of witnesses, debates and scrutiny that surfaced in the form of a series of amendments now before the House and the only party that voted against all of the amendments proposed by all the interested parties, all of the industry sectors, all of the labour unions and all of the client representatives was none other than the NDP.

In fact, today we are looking at a series of NDP motions that are doing exactly what the member is accusing the government of doing, which is a series of motions to gut the amended bill. The worst offender of them all is the clause that asks to remove clause 12. Clause 12 was asked by Judge Moshansky to be maintained and strengthened in order to give substance to Bill C-6 and the member from the NDP on the committee decided to say no, that they will not have that. Such hypocrisy, it is incredible.

Motions in AmendmentAeronautics ActGovernment Orders

June 19th, 2007 / 1:40 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, it is my pleasure to join the debate at report stage and third reading of Bill C-6, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts.

I want to begin by recognizing and paying tribute to my colleague, the member for Burnaby—New Westminster and the transport critic for the New Democratic Party, for being a stalwart champion of the interests of the consumer during this lengthy debate, the study of Bill C-6. It is generally agreed he has been a leader among the opposition parties to ensure that the voice and interests of Canadians are put front and centre as we go through this whole interesting debate about air transportation safety.

We are very concerned that both the tone and the content of Bill C-6 are really geared toward the financial bottom lines of these air transportation carriers and we could put at risk, or at least put back in the order of priority, the best interests of Canadians.

I should note that my colleague, the member for Burnaby—New Westminster, worked in collaboration with stakeholders such as the Canadian Union of Public Employees, which represents a great many airline personnel and workers, and IAMAW, the International Association of Machinists and Aerospace Workers. Both these unions have advocated on behalf of the best interests of their own members, but also the best interests of the public at large when it comes to any changes that we make to the air transportation system.

A number of amendments were made at the committee stage, put forward by my colleague, the member for Burnaby—New Westminster. That is perhaps why so many of us are taken aback today. We made amendments at committee that we believed were progress, with the cooperation of the various stakeholders such as the unions. However, then today, we find the federal Minister of Transport making a bid to sweep aside the changes to the airline bill, which were intended to ensure safety in the skies.

We find it very troubling that the government has tabled a motion to gut the very critical amendments to Bill C-6, which my colleague, Burnaby—New Westminster, and other members of the transport committee so diligently put in place. We cannot understand how a minister of transport, in all good conscience, could undermine the work of the committee. Its earnest interest was simply to do what was right for Canadians. It certainly has my colleague, the NDP transport critic, scratching his head and wondering what possible motivation there could be. What possibly could be driving the government to, if anything, back away from safety as priority number one. It is a grave concern to us.

We are very critical of Bill C-6 in its current form. There are a number of issues, in fact too many issues for me to deal with in any depth in the 10 minutes that have been allotted to me. I will point out some of the concerns in which I have a particular interest. One is Bill C-6, as contemplated by the government, will actually undermine and reduce the freedom of information, the freedom of Canadians to know what the safety situation is of airlines, in that it withdraws seven sections of the act from the Access to Information Act.

I sit on the committee that is responsible for privacy, ethics and access to information. It troubles me greatly to see government in any of its activities pull back from freedom of information. On those grounds alone, I would criticize the bill. The public has a right to know what the government is up to and surely the public has a right to know the safety and maintenance information about airlines. Airlines and carriers of the general public are not just the average private business.

Canadians have a right to be more involved in airline safety and they certainly need more thorough information. I am critical that Bill C-6 would remove sections from the scrutiny of the Canadian public through freedom of information laws.

I am also critical that the systems maintenance regime would now be put under the scrutiny of the airlines. We believe this is a stepping back again of government scrutiny and government supervision of airline safety management and essentially the airline industry would be permitted to increasingly define its own safety level of its operations.

One would think that the airline would make this a priority and that safety interests would be the airlines' top key concern and priority, but in our experience it is a legitimate role of government to take responsibility for those things.

I am also very concerned that another element of this bill would become very weak or in fact non-existent, and that is the whistleblower protection. While a form of whistleblower protection for employees has been introduced, there is no effective redress mechanism for employees who might suffer reprisals as a result of blowing the whistle.

I would remind members that this is one industry sector about which, for heaven's sake, the public has a right to know. The public has an interest in knowing if there are any shortcomings in the maintenance regime, and whistleblowers should be rewarded, not criticized and certainly not suffer any form of reprisals. Those three things, piled together, give more than ample reason to be critical of Bill C-6.

The bill has a rather rocky history in that it was introduced in the last Parliament by a senator in fact. It came to the House first known as Bill S-33, introduced by the other place. We are always suspect, frankly, when bills come to us through that back door mechanism. After a great deal of debate there, it was later reintroduced as Bill C-62 under the Liberal regime in September 2005, but it died on the order paper and did not go past first reading.

When we came to it in this particular Parliament, I note that a great deal of time has been spent on this already. It was introduced on April 3, 2006 as Bill C-6. After a brief staff meeting, the NDP was disappointed that the Conservatives and the Liberals initially struck a deal to pass Bill C-6 without any further amendments. This is why I began my remarks by complimenting my colleague, the member for Burnaby—Douglas, for the yeoman's job he did, virtually alone at the committee, to overturn that alliance that was put together by the ruling party and the official opposition that they would somehow ram Bill C-6 through in its flawed state.

There was clearly a lack of consultation with the stakeholders or these many amendments would not have been developed. I cannot imagine any government going forward with legislation like this without doing a comprehensive consultation with groups like CUPE and the IAM. When we received it back today and realized that this was not only not in its original form but that the amendments made at committee would be stripped back and undermined by the minister and that the Tory amendments intend to gut air safety, we could not help but stand up and be critical.

People will notice that a number of speakers from the NDP are speaking back to back on this bill because the public has a right to know and the public deserves to know. The public should know what is going on in our air transportation safety system and I do not believe, if it were left to the devices of the ruling party and its partners in crime, the official opposition, which has been absent, AWOL as it were, in terms of doing its job as official opposition and bringing the government to task for the glaring problems and oversights with this--

Motions in AmendmentAeronautics ActGovernment Orders

June 19th, 2007 / 1:35 p.m.
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Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, I listened with interest to my colleague's remarks. I am alive today because of aviation safety. My career has been in aviation. I have spent a lot of time in the front end of airplanes and now I spend a lot more time in the back end of airplanes. I know the guys who are in the front end of the airplanes in which I fly today. I do not have any problem with getting on any of their airplanes at any time. I always feel I am in safe hands.

The member made a couple of suggestions, as did other members of her party, that somehow there is a laissez-faire attitude toward safety, particularly in the United States. That is just hogwash.

Aviation is about risk management, with the emphasis on management and on safety. Those members somehow seem to think we are taking away whistleblower protection. In fact, Bill C-6 talks about non-punitive voluntary reporting. I am not sure what the member does not understand about non-punitive.

She also talks about the bottom line and suggests that airlines are only interested in making money. Airlines are interested in making money, but I suggest that the worst attack on an airline's bottom line would be the lawsuits, the loss of reputation and everything that goes with that as a result of a major aircraft accident, loss of life and so on. Airlines are very good regulators because that is their bottom line.

Does my hon. friend understand the relationship between safety and the bottom line from the positive point of view of the necessity to protect safety to protect the bottom line?