Bill C-7 (Historical)

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

Aeronautics Act

[Stockwell Day, Conservative, Okanagan—Coquihalla, BC]

moved that Bill C-7, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts, be read the third time and passed.

[Brian Jean, Conservative, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, I am pleased to address the House today at third reading of Bill C-7, An Act to amend the Aeronautics Act.

The Aeronautics Act has been in place since 1919 and last underwent a major overhaul in the mid-1980s. Many of the amendments made at that time were aimed at enhancing the compliance and enforcement provisions of the act, including the establishment of the Civil Aviation Tribunal, which was later converted into the multi-model Transportation Appeal Tribunal of Canada.

The act was further amended in 1992 to authorize the making of interim orders by the transport minister, the making of agreements with provincial land use authorities for airport zoning, and to further enhance the compliance provisions of the Act. Other amendments were also made to enhance aviation security.

It has now been more than 20 years since the Aeronautics Act has had a substantial review and it is considered important and timely that the act be updated at this time to mostly improve the safety of the travelling public and to reflect the current needs of the aviation industry in our country. That is the goal of the government and that is the goal of the act.

Canada has the sixth largest aerospace manufacturing sector, the second largest population of licensed pilots and aircraft maintenance engineers and the second largest civil aviation aircraft fleet and over six million aircraft movements in Canada every year.

More than 1,000 air operators carry passengers and accommodate the needs of some of the most isolated places in the world. The aviation industry connects dozens of mid- and small-sized cities and towns in the country to the vast grid of worldwide air travel.

The aviation industry is also part of our competitive advantage in this global economy. To remain competitive globally, the industry must continue to improve its safety performance. While Canada is recognized worldwide as having an excellent safety record, in fact one of the best in the world, this enviable safety record does not mean that we can sit back and rest on our laurels and be complacent. In fact, we must move forward aggressively with better safety compliance.

In today's challenging and rapidly expanding world of aviation, the government is always looking for new ways to achieve a higher level of safety by improving the sound regulatory base on which the system currently operates.

The department has a responsibility as well to have the tools and the guidance in place to actively improve on the safety performance of an already very safe industry in Canada in anticipation of further growth and increased activity, while taking advantage of continuously evolving technology.

Allow me to summarize the various legislative steps through which the bill has already passed. The bill was introduced in the House on April 27, 2006, and second reading began shortly thereafter in May. During second reading, members in the House heard that the amendments proposed to update the Aeronautics Act would provide for a modern and flexible legislative framework that would enable a number of aviation safety enhancements over the next several years. It is very important to move forward with safety for Canadians, and the government is taking action on that front.

Members also heard that the bill placed emphasis on managing safety from an organizational perspective and expanded the enabling authority to facilitate the implementation of management systems as well as provided the protection provisions required to obtain safety information.

The bill also proposes increases in penalties that may be imposed under the current act. These penalties have not been increased for a number of years and the increases are intended to deter non-compliance to not allow violators to have business as usual and to pay and to live on a fine system.

A new part 2 of the act was also added to allow Canadian Forces investigators to have legal authority to investigate accidents involving civilian military personnel that were comparable to the authorities exercised by the Transportation Safety Board investigators in civilian accidents.

A number of housekeeping amendments will also clarify some relationships and ministerial authorities between the act and other acts, such as the Canadian Transportation Accident Investigation and Safety Board Act and the Civil Air Navigation Services Commercialization Act.

It is a very complicated issue, and it took our committee much time to deal with it at that time.

Consultations began on the amendments in 2000, first by Transport Canada and then continued when the bill was referred to the Standing Committee on Transport, Infrastructure and Communities. for review in February 2007.

The committee heard from key transportation representatives from the private sector, all of whom share a commitment to aviation safety, as well as private individuals representing the public interest, officials of Transport Canada and, of course, the Minister of Transport, Infrastructure and Communities who works so hard in the House.

I would like to take this opportunity to thank the members of the committee who worked with myself on this particular legislative initiative, especially for taking the time to hear more than 30 witnesses during this session and for conducting such a thorough review of the bill.

I am very pleased to comment on the improvements to Bill C-7 that were made by the committee. Committee members provided valuable input during consideration of the bill resulting in several refinements of the bill itself. Certainly the committee itself was seized with the issue of safety for Canadians as being our utmost concern. We believe the bill now addresses those issues.

Although there was broad support for passage of the bill, many witnesses requested some improvements to be made. The committee has considered these requests and a number of changes were made that will improve the regulatory framework, therefore benefiting all Canadians and, ultimately, the safety of all Canadians.

The enabling authority for safety management systems regulation is valid and authorized under the existing Aeronautics Act. Bill C-7 proposes amendments related to the management system to maximize their effectiveness and to further facilitate the implementation for certificate holders.

The amendments allow, in part, the Minister of Transport, Infrastructure and Communities to require by order certificate orders to enhance their safety management systems or take corrective measures when these systems are considered deficient.

SMS regulations are necessary to increase aviation safety. Safety management systems is not about self-regulation as was brought forward by at least one witness and it is not about deregulation. Rather, it is an additional layer over and above what we currently have in Canada, a layer that is considered to produce more safety for Canadians.

The role of the minister in the oversight of aviation safety was further clarified by an amendment stating that the minister shall carry out inspections of the aeronautic activities of holders of Canadian aviation documents who are required to have a management system.

With respect to the designation of organizations to certify certain segments of the industry, this new authority in the Aeronautics Act will not allow the minister to abdicate his oversight responsibility to an industry body. Indeed, these designated organizations will be allowed to monitor the activity of a specific segment of the industry if it represents a low risk level in relation to aviation safety.

The key is that the committee looked at the safety of Canadians and took it forward as the primary concern that we have.

An amendment was adopted at committee l to clarify under what circumstances organizations, whose activities relate to aeronautics, may be designated by the minister.

With respect to the reporting of safety information, the protection afforded by the proposed amendment will help nurture and sustain a safety culture, which is so important from the mechanics, to the baggage handlers, to the very pilots. This culture must be enhanced and encouraged and we would suggest that the bill goes some way in doing that. Employees can confidentially report safety deficiencies without fear of subsequent punitive action.

Amendments found in Bill C-7 provide for protection of those reporting information through a safety management system.

However, additional protection was introduced at committee after much discussion to clarify that a holder of a Canadian aviation document shall not use information disclosed by an employee under a safety management system process requiring or encouraging disclosure of information to take any disciplinary proceedings or take any reprisal adversely affecting working conditions against that employee who disclosed the information, provided that certain conditions are met.

It should be made clear that safety management systems do not relieve operators from compliance with any of the current Canadian aviation regulations and standards. It also does not eliminate the taking of enforcement action when necessary, including fines and/or suspensions.

On the contrary, the regulations actually add an additional layer of requirements for operators to establish integrated risk management programs aimed at taking proactive action before the issue of safety actually arises in a more serious way and to address safety issues before they develop into a more serious incident or accident.

I am also very pleased that during the report stage debate the House decided on motions following a fulsome discussion on this issue. While most of the motions that were accepted are editorial in nature and do not affect the substance of the bill, they do serve to improve the intent of the amendments.

An updated Aeronautics Act is absolutely essential to continue to advance aviation safety while respecting the continuously evolving operational environment in which operators find themselves.

I would, therefore, at this time encourage all members to vote to pass the bill so that our colleagues in the Senate can start the process of reviewing the bill without delay and we can keep Canadians safe.

[Mario Laframboise, Bloc, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I heard some wisdom in the speech of my colleague, the parliamentary secretary and a committee member.

It is important for airlines and other companies to understand that the safety management system does not replace the obligation of Transport Canada to conduct inspections.

My colleague understood the efforts that the Bloc Québécois and other opposition parties were making to try to improve this bill. There was the ICAO representative who came to tell us that when a safety management system is put in place, it is extremely important not to abandon the inspection system. Safety management systems are just getting started. They are in the process of being integrated into airlines throughout the world, not just in Canada. So it is important to maintain an inspection system.

I would like the parliamentary secretary to tell me whether this bill will maintain an inspection service, supported by Transport Canada, which will be just as good as before.

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Mr. Speaker, I can assure the member that inspections will continue. This is an added layer of safety. Academics, leading safety experts and international bodies, such as the one my friend mentioned, the International Civil Aviation Organization, all advocate that greater attention be paid to managing systems at the organizational level.

What we are doing is adding an additional layer. The inspections are important but what is really important is to create a real culture of safety and to continue to keep Canadians safe. The is what the legislation is going to do. That is what the government is going to do.

[Joe Volpe, Liberal, Eglinton—Lawrence, ON]

Mr. Speaker, I want to compliment the parliamentary secretary for bringing back a bill that the committee, as he acknowledged, worked diligently to promote. I am especially delighted because this is another one of those bills in a long list of bills that has been derived from Liberal initiatives in the last Parliament, similar to Liberal initiatives of the last Parliament or depend heavily on those transport bills that were introduced prior to the 2005-06 election.

I had hoped that the parliamentary secretary would have taken a little more of a moment to celebrate the success of bringing forward such legislation, inasmuch as it indicates that this Parliament can actually work. No bill can come out of committee without the cooperation of the majority of the members and that means there is a coming together of ideas on the main points of the legislation.

I am still looking forward to a piece of legislation that will be uniquely government and not so dependent on the opposition. However, speaking for all Canadians, this actually is a classic bill that deserves to be passed through the House with great speed because members of all parties worked to perfect it. In fact, every member of all three opposition parties worked hard and debated vigorously, sometimes acrimoniously, to ensure there were improvements.

As the parliamentary secretary has indicated, a series of witnesses appeared, and appeared more than once, and they too presented some suggestions for improvement that would have enhanced air traffic and air travel in the aviation industry in Canada. We all assume that everybody is working for the public good.

However, under the scrutiny of questions from members of Parliament of all parties in committee, demonstrating that this democratic process does work and in fact worked productively, we were able to come forward with what is now Bill C-7 and present it to the House.

Regrettably, and I must introduce this little negative moment, the bill did not get through the House in June, as it should have. I think all of us were expecting that it would, especially when all members were working together. One of my colleagues from the NDP, who worked diligently in committee to fight every improvement and then voted to accept them all, came into the House and said that he had changed his mind. Such is the way of politics. However, my compliments still go out to that member for having helped to improve the bill. He was not alone. Government members had to demonstrate that they were ready to accept the very good positions that other members had worked diligently to bring forward.

The parliamentary secretary says that he wants to put everybody's mind at ease, and so he should. He should put everybody's mind at ease because the bill was structured such to establish a new management system, the main focus of which would be the ongoing improvement of safety measures. Safety first. Imagine, with air traffic and air travel constantly on the increase, that we would have, as our very first and most important consideration, the safety of the travelling public. That safety can have absolutely no compromise.

When the debate came forward on the kinds of systems that would be in place, voluntary ones some would say, that would encourage employees, employers, entrepreneurs and all those associated with the aviation industry, whether they are ground crew or air crew, to come forward and make their own suggestions to this system without penalty, that they would do so without fear of retribution.

Imagine, in 2007 we are talking about people who have to be given assurance that to do the right thing should not bring any negative consequences to their jobs. Imagine that. Imagine for a moment that some of those people might not have done the right thing and put in jeopardy a flying public, a travelling public, that increasingly depends on air transportation to move from point A to point B.

I focused on the travelling public, but of course there is also cargo that depends on this modern mode of transportation. It was sufficiently important to give that kind of assurance to establish a psychology of cooperation, to establish a common psyche, that says we all have a commitment to each other and we must all work to ensure that the equipment that we take off the ground and put in the air is safe for all those who use it, whether they are up in the air while it is being used or on the ground when it eventually comes back down again.

Members of Parliament understood that very important feature and said what we need to do is establish that climate, make sure that people voluntarily come forward and put in place a mechanism that says there must always be a ministerial presence, that government will always be there to ensure that the regulatory process guarantees that there will be no transgressions committed against those who come forward to contribute to a climate of mutual cooperation.

There are some pretty heavy and committed interests who came forward and said, “We want you to be absolutely sure”. Members from all sides said these people had a point and in amendment after amendment, debate after debate, all of these issues were put forward.

We see before us now a bill that says we have taken into consideration all of those issues and have put in place a safety management system that does not replace the ministerial regulatory oversight required to ensure that the weight of the law is behind all regulations, all systems, and all requirements to ensure that the public that is being served is always put forward with its security and safety first and foremost. If nothing else, merited support in this bill, that one factor does.

All members of Parliament on that committee deserve credit for this because all of them knew that was something upon which no one could compromise, and no one did. No one did. There was no partisanship associated with that, but there was a lot of very difficult introspective scrutiny applied to each and every sentence. And I dare say, and I know the parliamentary secretary will agree with me, that every word, in some cases punctuation marks, was scrutinized for fear that the bill would be less than what the intention of every member around the table thought it should be.

This was done in English and in French. It was the same for members of the Bloc. They have a completely different political position than we do here, but they too were concerned about the interests and safety of the travelling public. The discussions and debates were the same in both French and English, and equally vigorous.

Everybody wanted to move forward. That is why I needed to introduce that little moment of regret because the bill should have sailed through the House at third reading in June. It should have received royal assent in June. It should have been proclaimed in June.

I know, Mr. Speaker, you are really interested in this because there are a lot of Canadians, not only in your province but in the provinces that all of us represent, who are interested in the consequences of the bill not only immediately but economically as well.

Why would we not have done this in June? Why are we waiting until almost November? Good legislation takes a while in its construction, in the infrastructure to put it together, and to get a consensus built. It is time consuming and energy demanding.

Why are we waiting until the beginning of November for a bill that was virtually unanimously agreed upon? I know my colleague from Burnaby will say it was not unanimously agreed upon. He had an opportunity to vote on every single amendment, sometimes he accepted it, sometimes he did not. We agreed with much of the input that he presented for our consideration. When it came time to support the bill, he withdrew his support. That was his decision. He represents a party that has a particular position. God bless those members, they have to address that with their own constituents.

That was not our decision. When I say ours, I mean the constituency of all Canadians who want to ensure that the system that is put in place to guarantee the safety and security of the aeronautics industry is one that should be first and foremost for us all.

We went a little bit further than that. We also took into consideration the role of military DND flights in Canada. We examined the role that it plays in establishing such a system and how it operates in the event that there are incidents or accidents that involve either its personnel or its aircraft.

Some people might ask why that would be significant. It is significant for all of us because it is the one time that one department transcended the interests of all other departments with respect to jurisdiction and what it would do in the unhappy event of an incident or an accident that would engage either DND, its personnel, or any of the private sector players in the field.

We took a look at their considerations. I dare say that members of Parliament began to challenge some of the jurisdictional expertise that was brought to bear and tried as much as they could to bring about a confluence of the interests that are pan-Canadian.

We also looked at the distinctions that surface between the small operators, and there are many of them in Canada given our great geography, our great distances, and the nature of the business itself, as well as the large carriers, those that employ thousands of Canadians in a fashion that many of us do not appreciate fully. But without the kind of rigour and oversight required, and without the commitment of each and every one of those men and women, whether they were working on air side or port side, whether they were working on the technological side or whether they were working in terms of establishing that environment for service, each and every one of them had to make a contribution toward that cooperative, collective sense of mutual benefit, mutual cooperation, and mutual security. Those were other issues that were addressed.

There were moments, I am sure the parliamentary secretary in his statement said there were some difficult moments and some issues that were designed to come forward. Transport officials began with a particular position and ended up with a position that was reflected in the bill that is before us today. They brought forward their technological expertise, their understanding of the issues and, compliments to all members who were on that committee, caused committee members to absorb all that expertise and that experience, and then to work together. It is a unique situation. I am sure that the parliamentary secretary will agree.

In fact, it was the chairman of the committee who probably guided everybody toward this particular position where he essentially said all of this must reflect all of us. There was no “we-they” in a situation that saw the expertise of Transport Canada coming forward through this bill.

I said at the outset in some jest, but actually reflecting the reality of the situation, that I was a member of a government that brought forward the parent of this legislation and a series of others. I am hoping that the Minister of Transport will go through all those bits of legislation that we presented and say that we have to revive these, just as we revived this one.

I must say that there are rare moments in this House when all members come together and say, “This bill should be passed immediately. Let's eliminate the rhetoric associated with delay. Let's eliminate all the issues that are related with partisanship and the perceived advantage that one gets by delaying”.

From our perspective, this is one bill, and I repeat myself, I know, I am not in the habit of doing that as my colleagues on the committee will tell, but we should do it and do it today. In fact, if the parliamentary secretary calls for unanimous consent to have this passed at third reading today, he would get it from me. But I know he would not get it from our good colleague from Burnaby, who has developed sort of I guess it is a cheval de guerre position against the bill.

I know members want to hear what everybody else has to say. Compliments to members of Parliament who have acknowledged the Liberal genesis of this bill. Compliments to those Liberal members on the committee who saw the wisdom of the changes that we put forward and said, “Let's get it done together”. I do not want to be too begrudging of compliments to the others, but there were Bloc members and Conservative members who said, “We see eye to eye on this, so let's get it done”. And we have got it done.

Now we rely on the government and the Bloc to make sure that this passes right away and if they are convincing enough, apparently they can be, they can convince the NDP members to say, “We said all we had to say in June”. I am sure they exhausted their voices. Now all they need to do is recognize what is right and pass this legislation.

[Brian Jean, Conservative, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, I enjoyed working with my colleague, the member for Eglinton—Lawrence. He has great ideas, he is a hard worker, and he obviously has very persuasive arguments, but I do have one question. I cannot leave it alone.

I have three sons. My youngest son actually asked me the other day what was the difference between a Liberal and a Conservative, and I had to explain it to him. Because I was in a bit of a rush I said to him, “Son, there are two kinds of people: there are those people who talk about getting things done and there are those people who get things done”, and he understood from that, that obviously the Liberals talk about doing things and the Conservatives get things done.

I am curious. With 13 years to get the job done before, most of it in a majority government, he never got it done. I am wondering what stopped him and his government from getting this done when they just did not get it done and we did.

[Joe Volpe, Liberal, Eglinton—Lawrence, ON]

Mr. Speaker, I did not want members to think that I was completely non-partisan about this, although I was hoping that the Parliamentary Secretary to the Minister of Transport might have passed on the temptation to shed partisanship into a discussion that was actually emerging from, how dare I call it, the NDP approached partisanship.

I can already see that my colleague from Burnaby is getting himself all excited, but I think he has already had his impact on the parliamentary secretary who missed the opportunity to say, “You know what? This is a gracious moment for all of us.” I give him an opportunity to recant.

Those of us who have presented legislation in the past and have met with obduracy by the Conservatives, when they were in opposition, are magnanimous enough to work on a good idea, even if it was ours.

[Mario Laframboise, Bloc, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I will start by pointing out the Liberal member's conciliatory tone, and his desire to help this minority government work, going as far as groveling at times. I hope he will stand up to the Conservatives a little more firmly in the future.

That said, I should point out to him that Bill C-62 introduced under the Liberal majority government was nothing like the one before us today. A Liberal bill was introduced when the Liberals were in the majority. It was a far cry from this bill resulting from accommodations thanks to which we were able to open the government's eyes because, in a minority government situation, the opposition parties are in the majority at committee.

Just the same, I do hope that my hon. Liberal colleague realizes that Bill C-7 is not at all similar in nature to Bill C-62 introduced under the Liberal government.

[Joe Volpe, Liberal, Eglinton—Lawrence, ON]

Mr. Speaker, I wish to thank my hon. colleague. It was very gracious of him to recognize that I am able to remove myself when there are theatrics going on, but that I am one of those who work hard when there is work to be done. What we have before us is the result of such work.

I want to reassure the hon. members that, even if the Bloc Québécois member contends that this bill is not similar to Bill C-62 introduced by the previous Liberal government, as I have said, and I will say again because I like to repeat it, this bill is the result of the work of members who wanted to lay upon the table a bill meaningful to all Canadians, regardless of where they live in Canada.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, I listened with great interest to my colleague from Eglinton—Lawrence talking about just getting this bill through. There is only one problem with that: this is not in the public interest.

Coming from British Columbia where we have self-managed systems, where basically the former Liberal government turned over safety management systems to the railway companies, we have seen the impact. We have seen an escalating derailment rate. We have seen major problems in British Columbia because the railway companies no longer have the oversight.

Now, with this unsafe skies act put forward by the Conservatives, we see that the difference between the Conservatives and the Liberals is like the difference between Coke and Coke: there is no difference. We have unsafe railways and now we have the unsafe skies act.

I have a question for the member for Eglinton—Lawrence. Why should we rush the bill through the House when we know essentially what this does, given the attrition rate with inspectors and the fact that there are dozens of inspector positions that are unfilled and given that the government is trying to get out of inspections and hand over, piecemeal, the safety of our skies to the companies themselves, some of which will handle it well and some of which clearly will not?

Why the rush? Why ram this through, Liberals and Conservatives working together, when this is not in the public interest and when Canadians need to see safer skies, not unsafe skies?

[Joe Volpe, Liberal, Eglinton—Lawrence, ON]

Mr. Speaker, I do not know which bill the hon. member is talking about, because he was on the committee for all those days and hours that I was there. Yes, we took a look at the public interest, and to suggest that this is not in the public interest is to deny all the work that was done.

If this was going to be a position that he was going to hold from the very beginning he would not have put the Bloc, Liberal and Conservative members through the exercise of making a bill undergo the scrutiny that it requires and then emerge from that committee to come back to the House. There were 15 members on the committee. Fourteen of them cannot all be wrong and only one of them right.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Twelve.

[Joe Volpe, Liberal, Eglinton—Lawrence, ON]

On, no. We added a couple just so we could have greater weight in consideration.

I just wonder what the hon. member is talking about when he says this is not a bill in the public interest. I am sorry. I think that we spent several months of study to ensure that it would reflect the public interest. To come into the House and deny the work of committee members to ensure that the public interest is first and foremost and put in this legislation so that it will be the law of the land is an unfortunate reflection on the good solid work of members of Parliament. I think he should withdraw that statement.

[Mario Laframboise, Bloc, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I am pleased to speak today to Bill C-7, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts.

As several of my colleagues have said already, this is a bill that has evolved over the course of many discussions, including those held in committee. We must remember that before the Conservative government decided to prorogue the House, the Bloc Québécois had voted against this bill—which was then Bill C-6—at second reading. Today, we are supporting Bill C-7 because it has changed considerably. I will try to explain this.

Earlier, I was talking about the history of this bill to my Liberal colleague. In the previous Parliament, when the Liberal Party formed a minority government, it introduced Bill C-62, in November 2005. Like the bill now before the House, that was a bill to amend the Aeronautics Act and to make consequential amendments to other acts. When the Conservatives, in turn, formed a minority government, they brought back that bill in almost identical form, but for a few words. Those are the facts.

When the Conservatives reinstated Bill C-6, they did not bother to ensure that it met the needs of the industry and the people responsible for safety. I am referring to Transport Canada inspectors, and any other agency with the very specific task of looking after safety. We must not forget that Transport Canada had already allowed the airlines to implement their own safety management system without having any legislation for overseeing that system. Before reintroducing Bill C-6, the Conservatives did not bother to make sure that the safety management system had been accredited, although it was included in Bill C-6.

For those who are listening to us, I will try to summarize what the safety management system is. What it does is allow companies to have an internal way of operating that makes it possible for employees to report safety violations within the company. Without this framework, employees might be deterred from working to develop the security management system because they were afraid of losing their job or being reprimanded by their superiors.

This was the Bloc’s big concern. We did not want the safety management system being proposed again in Bill C-6 to replace the entire inspection system in place at Transport Canada. That system is in fact the source of the excellent safety reputation of the entire civil aviation system in Canada, and obviously in Quebec, for the Quebeckers for whose interests we stand up every day in this House. In our opinion, it was very important that the safety management system not replace the entire Transport Canada inspection system. That is why we voted against Bill C-6 at second reading.

We asked that witnesses, including representatives of the International Civil Aviation Organization, be invited to explain to the committee the entire process of implementing the safety management system. Canada was indeed a leader in implementing the safety management system in civil aviation. However, the ICAO representative gave us to understand that implementing a safety management system inside the airline....

[Some hon. members]

Hear, hear!