Bill C-42 (Historical)

Strengthening Aviation Security Act

An Act to amend the Aeronautics Act

This enactment amends the Aeronautics Act so that the operator of an aircraft that is due to fly over the United States in the course of an international flight may provide information to a competent authority of that country.

The House proceeded to the consideration of Bill C-42, An Act to amend the Aeronautics Act, as reported (with amendment) from the committee.

Speaker's Ruling

[The Acting Speaker, Denise Savoie]

There are three motions in amendment standing on the notice paper for the report stage of Bill C-42. Motion No. 2 has been withdrawn by its sponsor. Motions Nos. 1 and 3 will be grouped for debate and voted upon according to the voting pattern available at the table.

I will now put Motions Nos. 1 and 3 to the House.

Motions in amendment

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

moved:

Motion No, 1

That Bill C-42, in Clause 2, be amended by replacing lines 7 to 15 on page 2 with the following:

“(4) The Committee of the House of Commons responsible for transport matters must,

(a) within three years after the day on which this subsection comes into force and every five years thereafter, commence a comprehensive review of the provisions and operation of this section, and complete the review within two years; and

(b) within three months after the day on which the review is completed, submit a report to the House of Commons setting out its findings.”

Motion No. 3

That Bill C-42, in Clause 2, be amended by replacing line 12 on page 2 with the following:

“the provisions and operation of this section; and”

[John McCallum, Liberal, Markham—Unionville, ON]

Madam Speaker, I am glad that the government has finally brought this bill back to the House for report stage debate. During the second reading debate and during committee stage, the government made it clear that the bill was a matter of national urgency. That is why I was dismayed that the government waited until the final sitting day before the recess last summer to table this legislation.

Last fall when the House returned, the government waited until October 19 to bring the bill forward for debate and again waited until October 26 to complete debate at second reading. The transport committee held six days of hearings on the bill and then amended and passed the bill on December 7, and it was reported to the House on December 8. Again, instead of taking up this important matter, the government let it sit idle. Now, here we are in February finally discussing the bill again in the House.

I lay out this timetable in some detail for a specific reason. The element of the U.S. secure flight program which would require the transfer of data for flights flying over the U.S. was set to become live at the end of 2010. There was significant pressure from both the government and the U.S. to ensure that our airlines were legally able to perform this data transfer. However, it is clear from the government's lack of action that this was never truly a priority.

The secure flight program, which was rolled out in three stages, has put Canada in a tough spot. Our government has always strived to protect the privacy of Canadians, but the U.S. has the sovereign right to control its airspace. That is why committee members heard from a wide range of witnesses.

We heard from many witnesses, including the governments of the United States and Canada, the aviation industry, the Privacy Commissioner and many civil rights groups. It became rather clear that we really had no choice: we had to allow this information to be transferred.

It also became clear that the bill was woefully inadequate in providing protections to the privacy of Canadians. The members of the transport committee worked to build protections into the law. Now, as amended, the law will require airlines to notify passengers before they purchase their tickets that their personal information will be transferred to the United States.

The second change is that the committee reduced the scope of these provisions. Previously the governor in council had the power, without parliamentary approval, to add other countries to the list of those authorized to receive this information. Thanks to amendments made at committee, this authorization has been limited in legislation to the United States. This means that should another country request this passenger information, the government will have to return to Parliament, and members of both the House and the Senate will have the power to review and approve their addition.

The third amendment is also important. It requires that the House of Commons committee charged with transport issues must periodically review the provisions of this act and report to the House on their findings. This will give parliamentarians the opportunity to bring back witnesses, like the Privacy Commissioner, before the transport committee so that they can follow up on how the privacy of Canadians is being respected or not.

As will be seen in the notice paper, it is this provision of the bill that is subject to report stage amendments. I will touch on these amendments in due course, but first I want to comment on the committee hearings themselves.

I think it is fair to say that all the opposition parties shared the concern about the U.S. government's request to receive this information. However, I was dismayed by the tone that some of the government members took. Some Conservative members of the committee did not seem to take this seriously. They asked, rhetorically of course, if Canadians' right to privacy “trumped” the Americans' right to security and safety.

As the Privacy Commissioner indicated, this is a serious issue for Canadians. She raised the case of Maher Arar, who was rendered to Syria and tortured on the basis of information transferred by the Canadian government to the U.S. This is a serious issue. I want to emphasize that for the members opposite.

Now I will turn to the amendments currently before the House.

Motion No. 3, under the name of the Parliamentary Secretary to the Minister of Transport, is a previously agreed to technical amendment that will restrict the committee's review to the provisions of the bill rather than the entire Aeronautics Act. This was the original intention of the committee.

The other amendment, also standing in the name of the parliamentary secretary, is more contentious. Currently, Bill C-42 requires that the transport committee must commence a review of the bill within two years of its coming into force and every five years thereafter. The committee must report its findings to the House within three months of completing the report. The government's amendment would allow the committee an extra year to begin the study, but would require the study to be completed within two years. That means the government would require the review to be completed within five years of the passage of the bill.

I do not believe the government's amendment fully appreciates the seriousness of the issue. The first review should be completed in less than five years. I will be proposing an amendment to government Motion No. 1, the effect of which will be to say that the review of this legislation should be complete within three years of the passage of the legislation rather than five years.

I know, having spoken to my colleague in the NDP, the member for Western Arctic, that he agrees with me to reduce the length of time from five years to three years.

I have not yet had a chance to talk to my colleague from the Bloc about this, but I will do so as soon as possible.

I also spoke to the parliamentary secretary and he indicated he was not sure whether or not the government would support that. We shall find out. It may be a friendly amendment having the support of all parties, or it may not be. That remains to be seen.

Let me conclude by reading the text of the Liberal amendment to government Motion No. 1. I move:

That Motion No. 1 be amended by deleting all the words in subsection (a) and replacing them with “within two years after the day on which this subsection comes into force and every five years thereafter, commence a comprehensive review of the provisions and operation of this section, and complete the review within one year; and”

It is a very simple matter. We on this side believe that these privacy concerns are very important and that we need not wait five years before reviewing the bill to make sure that Canadians' privacy rights have been respected. The government is proposing five years. The effect of our amendment is that this review be complete within three years of passage of the bill.

[The Acting Speaker, Denise Savoie]

This motion proposed by the member for Markham—Unionville is receivable.

Questions and comments.

[Dennis Bevington, NDP, Western Arctic, NT]

Madam Speaker, this issue and the bill which had such urgency for the government before Christmas have since changed somewhat in direction.

My colleague mentioned that the U.S. government presented evidence to us. While we did have a letter from the ambassador to clarify certain points, we never had a real opportunity in the committee to actually question the Government of the United States on this particular issue.

We did have the Liberty Coalition, a U.S.-based civil liberties group, speak to us. Michael Chertoff is on public record saying that he believed that no-fly decisions should not be subject to judicial review. Within the United States, those who are impacted by no-fly regulations are not subject to judicial review.

Where does that leave Canadian citizens who may find themselves, under U.S. law, prohibited from flying over the U.S. and on a list that they have no judicial ability to access?

[John McCallum, Liberal, Markham—Unionville, ON]

Madam Speaker, as I said in my remarks, this is a difficult situation for us because we do not want to risk Canadians' privacy by requiring them to give this information to the United States. However, it is indisputable that the United States has jurisdiction over its own airspace. Unless we want our flights not to go over the United States, which would be devastating for the airlines and for travellers, we really have no option but to agree to give this information.

As I said in my remarks, we made several amendments to mitigate the negatives out of this bill. In direct answer to my colleague, I do not think we can expect that Canadian citizens would have stronger rights than American citizens, vis-à-vis the U.S. government. I think the Americans with whom I spoke said that Canadians would have the same rights as American citizens.

This is one reason that a review is needed. We have received certain engagements from the U.S. government. One reason we would need a review, and sooner rather than later, not waiting a whole five years, is so that we can bring witnesses before the committee to hear how this bill has operated and whether, indeed, there have been infringements of Canadians' privacy rights or other issues.

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

Madam Speaker, I thank my friend across the way for his comments and insightful work on the committee. It certainly took all members of all parties on the committee to get the job done in order for Canadians to be able to fly across the United States, even to fly from one Canadian city to another.

I wonder if the member could make it more clear and concise in relation to the amendments he is proposing. I understand there are two particular issues to shorten the timeframe. I am wondering if he has taken into account the long period of time it has taken to get bills passed through this place and to get studies done. Of course we are in a minority government and the Liberals continuously hold us up, and if it is not them, it is the Bloc or the NDP.

I am just wondering if the member has considered all of that, or does this mean the Liberals are going to take a new step forward and actually work co-operatively with the government to get the best interests of Canadians to the forefront?

[John McCallum, Liberal, Markham—Unionville, ON]

Madam Speaker, perhaps it means this is not a friendly amendment, although I would like clarification from my colleague.

The dates I gave in my speech indicate it was not the opposition that was responsible for delays in the bill. It was that the government brought the bill forward on the very last day of the summer sitting. The other dates indicate that if anyone is responsible for the delay, it is the government.

I do not think, even in a minority Parliament, it is too much to ask that within two years of the passage of the bill, which is quite a long time, the government begins a review of the bill and that it is given a whole year, 12 months, to complete that review. The review is not super complicated. It might take five or six days of hearings, much like in the lead-up to the bill. The Conservatives may have trouble fitting in five two-hour committee meetings in the space of 12 months, but for the Liberals and opposition parties in general that should not be a problem.

I do not understand why the government is refusing to go along with the three-year review period, which is ample time to get the work done. Is it because it is downplaying the importance of the risk to the privacy of Canadians and for that reason it is going all the way out to five years before it even considers it necessary to have a review?

[Brent Rathgeber, Conservative, Edmonton—St. Albert, AB]

Madam Speaker, it is certainly a pleasure for me to rise in support of Bill C-42 and against the subamendment that has been put before the House.

Bill C-42 would amend the Aeronautics Act to ensure that Canadian air carriers comply with the United States' secure flight program and maintain Canadians' access to southern destinations via continental U.S. airspace. The legislation before us today would also strengthen the North American air transportation system against terrorist attacks and enhance the protection of all air travellers.

All hon. members understand the importance of achieving both goals, which will be easier if we are all clear on what Bill C-42 will and will not do. Some comments I have heard during debate and have seen in newspaper editorials would suggest that if Bill C-42 is passed then all domestic flights will have to comply with the secure flight program. That is absolutely false.

The truth of the matter is that our government has worked very hard with the U.S. administration to gain an exemption to the secure flight rules for domestic flights between Canadian cities which overfly U.S. airspace. That is an important distinction and an important exemption since many flights between Canadian cities do in fact travel through U.S. airspace.

Such flights under the provisions of Bill C-42 and the secure flight rule will not, and I repeat will not, be subject to the secure flight requirements. Neither U.S. law nor Bill C-42 will require that information related to passengers on those flights be shared with the U.S. government.

I have heard it said that the secure flight rule will apply to all Canadian domestic flights, which I previously mentioned is completely and absolutely wrong. I have also heard testimony at committee hearings implying that Bill C-42 might require that passenger information be sent to countries such as Russia or China for flights between Vancouver and Hong Kong, for example, or to Latin American countries for flights to Colombia or Brazil originating in Canada, and to European and Middle Eastern countries for flights from Canada to Dubai.

I want all members in the House to be absolutely clear on this point. Bill C-42 amends section 4.83 of the Aeronautics Act so that Canadian airline companies can only provide the United States government with passenger information for all flights which overfly continental U.S. airspace.

I also want to highlight measures taken by the government to address concerns raised by opposition members and by the Privacy Commissioner, Ms. Jennifer Stoddart, when the bill was before the transport committee. There were some concerns related to what Canadians were being told in relation to the secure flight regulations and whether they would be made fully aware of what information would be shared and with whom.

To address these concerns, we introduced a government amendment at committee stage that will require an operator of an aircraft that is due to fly over but not land in the U.S. to notify all persons who are on board or expected to be on board that information relating to them may be provided to a competent authority in the United States. This measure will ensure that Canadians are aware that their information will be shared with the U.S. government for flights overflying U.S. airspace to a third country. The amendment addresses concerns raised by the opposition and other witnesses during committee testimony and it does significantly improve the bill.

I would now like to shift gears and talk about some of the testimony that was heard at committee from the airline companies as well as from the tourism industry in general.

What was said at committee is relevant and very important, that is that the economic costs of not passing Bill C-42 would be severe.

The Canadian Tourism Industry Association noted, “Use of alternative routes will mean longer travel times, higher costs, and increased environmental impact” for flights not in compliance with the final rule of U.S. security plans. It went on to add, “Consequently, these travellers are likely to choose other destinations that would not require them to make stopovers or long flyovers”. That would undoubtedly have a negative and severe impact on the tourism association's 8,000 direct and affiliate members across the country who in turn represent some 1.6 million Canadians whose jobs depend on the economic impact of tourism in Canada.

The airline industry has been absolutely clear with the government in that it supports and requires Bill C-42 to be passed to remain competitive in the North American aviation industry. The Canadian Tourism Association similarly is clear and unequivocal in its support of Bill C-42.

Bill C-42 will ensure that Canadians can access travel destinations in a safe, quick and cost-effective manner while also protecting their privacy and individual rights. Amendments to the Aeronautics Act will enable Canadian air carriers to provide limited passenger information to the U.S. Transportation Security Administration 72 hours prior to departure for destinations requiring entry into U.S. airspace, such as Caribbean and Latin American destinations. Passenger data will be collected by the U.S. Transportation Security Administration for the purpose of passenger watch list matching.

Canadian air carriers are currently required to match passenger information against the U.S. no-fly and selectee terrorist watch list for flights destined for the U.S. Privacy concerns and false matches have been raised and our government is acutely aware of the importance of protecting privacy and individual rights.

By transferring responsibility for watch list matching from air carriers to the U.S. Transportation Security Administration, secure flight is expected to reduce false matches. Only information necessary to conduct watch list matching will be gathered. All personal data will be collected, used, distributed, stored and disposed of in accordance with U.S. guidelines and applicable U.S. privacy laws and regulations. In fact, the vast majority of travel records collected by the secure flight program will be destroyed shortly after the completion of the individual's travel.

The Canadian government is focused on ensuring that the privacy of Canadians is protected and has expressed this concern to the U.S. In compliance with its secure flight program, Canadian air carriers will transmit each passenger's full name, date of birth and gender. If available, the passenger's redress number, passport information and itinerary details will also be transmitted. Passenger data will only be compared against the U.S. no-fly and selectee lists unless specific security considerations warrant further action.

By amending the Aeronautics Act, the Government of Canada is taking the necessary steps to ensure that Canadian air carriers can comply with the U.S. secure flight program, which requires U.S. and international air carriers to share passenger information with the U.S. government for flights that fly into and overfly the continental U.S. en route to a third country.

The Convention on International Civil Aviation, also known as the 1944 Chicago Convention, stipulates that all air carriers are obliged to operate under the legislation of another country once they enter its airspace. There is no alternative in meeting U.S. secure flight requirements. As I have mentioned, non-compliance by Canadian air carriers would result in lengthy and costly delays, as the U.S. has the legal right under international law to determine who enters its airspace and could legally deny overflight rights to Canadian air carriers destined for third country destinations.

Canadians flying from, for example, Winnipeg to Puerto Vallarta, Mexico, would have to travel around the continental U.S. rather than take a direct route across U.S. airspace if the information is not shared and provided to U.S. authorities. This detour would result in additional expense incurred by Canadian travellers in addition to unnecessary inconvenience and added travel time. The effects on Canadian tourists and airline industries would be significant and negative.

Canadian air carriers would be faced with significant additional operational costs that would reduce their competitiveness in an already competitive market.

As the minister has said, Bill C-42 is not a long or complicated piece of legislation, but it is an important piece of legislation. It is vitally important for the Canadian public who wish to continue accessing southern destinations in the most efficient and cost-effective way possible. It is vitally important for our airline and tourism industries which directly and indirectly provide over one million jobs to Canadian workers. It is also vitally important to our safety and security interests which require that we continue to work with all of our international partners to improve and enhance aviation security.

Therefore, I will be voting to support the passage of Bill C-42 and against the subamendment recently put on the floor of the House. I urge all hon. members to do likewise.

[John McCallum, Liberal, Markham—Unionville, ON]

Mr. Speaker, I congratulate my colleague for his speech. I heard him say many times how important this was, so my question is the following: if the bill is so important and urgent to the government, and since the government has known for years the schedule on which these changes in the U.S. requirements would be introduced, why did it introduce the bill at the very last minute, on the last day of summer, when it could have introduced it many months or even a year earlier?

I do not understand why the urgency coincides with the very slow speed of introducing the bill. Is it simply incompetence, or did the government have some other motive for waiting until the last minute?

[Brent Rathgeber, Conservative, Edmonton—St. Albert, AB]

Mr. Speaker, it was neither. Certainly the government has many priorities. The hon. member listened to my comments, and I believe he sits on the transport committee, so he will know that important negotiations were made and ultimately consummated with the U.S. authorities on a very important exemption regarding flights originating in Canada and also landing in Canada that might happen to fly over U.S. airspace between those two destinations. Some time and some significant negotiations were involved in negotiating that exemption. There were a number of issues that contributed to the timing of the introduction of this piece of legislation. They had nothing to do with what the hon. member might suggest, and they were certainly in conformity with the importance that the government places on this legislation.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, my information is that there are approximately 100 flights from Canada going over United States territory per day, but there are approximately 2,000 American flights going over Canadian territory per day.

I would like to ask the member whether the government made any attempt at reciprocity here. If the Americans are asking us for information, did we say that we would provide them with the information provided that they would provide us with the information on all of their passengers? If that is the case, I would like to see the effect that demand would have on the American carriers, because it would not be long before there would be a lot of pressure on United States legislators from American airlines and American passengers who might be equally upset about this issue.

I would like to ask the member if the government made any effort to get any--

[The Deputy Speaker, Andrew Scheer]

Order, please. I am just going to stop the member there to allow the hon. member for Edmonton—St. Albert a chance to respond.

[Brent Rathgeber, Conservative, Edmonton—St. Albert, AB]

Mr. Speaker, I am not exactly sure what the relevance of reciprocity is.

What is relevant about this piece of legislation and what this piece of legislation attempts to remedy is the problem--or the reality, let me say--that Canadian carriers would have to circumvent the entirety of U.S. airspace if they were travelling to a third country such as Mexico or Cuba or any of the Caribbean countries. They would have to take an indirect flight route so that they could avoid the entirety of American air space, because the tenets of international law make it quite clear that the U.S. authorities can require this information or prevent Canadian airlines from entering that space.

So the purpose of this legislation is to correct that and to provide the Canadian travelling public with a safe but also cost-effective and direct route to its ultimate destination and to comply with the requirements of the U.S. secure flight program.