Strengthening Aviation Security Act

An Act to amend the Aeronautics Act

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

John Baird  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

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

March 2, 2011 Passed That the Bill be now read a third time and do pass.
Feb. 7, 2011 Passed That Bill C-42, An Act to amend the Aeronautics Act, as amended, be concurred in at report stage with a further amendment.
Oct. 26, 2010 Passed That the Bill be now read a second time and referred to the Standing Committee on Transport, Infrastructure and Communities.

Strengthening Aviation Security ActGovernment Orders

March 1st, 2011 / 5:10 p.m.


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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I want to thank the member for his presentation today on the bill.

We have been listening for at least two days now to speeches and presentations on this bill and we have yet to hear from any government members. If we were able to hear from government members, we could at least ask questions of members of the government who have negotiated this deal and who are bringing it in. However, we are left asking questions basically of ourselves. We are not getting any answers from any of the Liberals or the Bloc members, who have simply rolled over and followed the Conservatives on this issue.

Speaker after speaker for our party have listed all the problems with this negotiation. There is no reciprocity. There is no attempt to even get reciprocity on the issue. That would have slowed down the process a lot. It would have got us probably a better deal. We got an exemption, but in a way the exemption simply defeats the purpose of the bill. We are flying point to point in Canada, for example, Toronto to Winnipeg or Toronto to Vancouver, and we are flying over American airspace, we are flying right over all those sensitive installations, buildings and big cities that they are worried about, and it does not seem to be a problem. It is only if we are flying to another country over U.S. airspace that we have to give this information. So, there are a lot of questions here that are really unanswered.

In terms of PNR issues, we have best practices with agreements with other countries that we follow. They could have taken that wording and used it in this deal. They did not do that. Hence, the very poor approach at negotiating here.

This is a really bad deal. I think the Liberals should smarten up; the Bloc should smarten up. They should pull back a bit and start asking more questions. We should renegotiate the whole thing because the flights that were supposed to stop on December 31 have not.

Strengthening Aviation Security ActGovernment Orders

March 1st, 2011 / 5:10 p.m.


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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Speaker, one of the other questions, if I can add to the list, is, why do we not have a clear, in writing, binding agreement that says if this information is going to be shared, it is not to be shared with anybody other than the United States?

At committee, we saw some of the examples of the abuse. We have situations where we are passing on information as to where we are travelling, what hotels we are staying at, what tours we are taking. There are all sorts of information where corrupt or anti-democratic governments are quite prepared to use violence against their citizenry to use that information to track if we are having meetings. Let me use Colombia as an example. If I am going to Colombia to meet with some of the labour movements there who are generally targeted by that government and by the paramilitaries, and that information is passed on to the government, it certainly can be leaked and often is leaked to the paramilitaries. So, the people I am meeting with are now in danger. I could go on with any number of other examples.

So that, again, is a pre-condition. If we are going to share this information with our closest ally, our closest ally has to absolutely guarantee, with no exemptions, that this information stays in its country, within its services, and is not passed on to other countries.

Strengthening Aviation Security ActGovernment Orders

March 1st, 2011 / 5:15 p.m.


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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, Roch Tassé, from the International Civil Liberties Monitoring Group, described it this way:

After running a risk assessment for each passenger using data mining technology, Homeland Security in turn issues a boarding pass result back to the airline. The result instructs the airline to issue a boarding pass, deny permission to travel, or issue an enhanced screening requirement. These regulations give the U.S. access to a whole subset of information on air passengers who are not entering the U.S. but merely overflying its airspace. Furthermore, this information can be shared among at least 16 U.S. agencies and with foreign governments. The program gives the government of a foreign country a de facto right to decide who gets to travel to and from Canada,--

Now, I ask my hon. colleague to tell us, is this really what Canadians want? Do they want, when they decide to fly to Mexico or Latin America, a foreign government determining whether or not they get issued a boarding pass and determining whether they can fly?

Strengthening Aviation Security ActGovernment Orders

March 1st, 2011 / 5:15 p.m.


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The Deputy Speaker Andrew Scheer

The hon. member for Windsor—Tecumseh has less than 30 seconds.

Strengthening Aviation Security ActGovernment Orders

March 1st, 2011 / 5:15 p.m.


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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Speaker, obviously, I will answer quickly.

No, that is not what Canadians expect. They expect their rights to be protected, their privacy to be protected, and their ability to move around the globe in a safe fashion to also be protected; none of which is guaranteed in this legislation at all.

Strengthening Aviation Security ActGovernment Orders

March 1st, 2011 / 5:15 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I rise today to join my colleagues in opposition to Bill C-42. It is clearly an important bill when we look at what is at stake.

There used to be a solid core of supporters and even members within the Conservative Party who prided themselves on the issue of privacy protection. That seems to have been lost recently. It has been pawned off at times, and I give the example of the bizarre and unusual case of the census conundrum.

The government has said that it wants to make sure that the privacy of citizens is protected. It has said that citizens should not feel obligated to tell the government how many bathrooms they have in their domain and other personal information. When asked how many people had actually complained about this, the government said one was enough. We are still not sure who that one person is. Some people think it might have been someone in the minister's backyard.

The point is this is not about the census and people know that. We in this Parliament are bound by the provisions for protection. We have the oversight. The problem with this bill is that we would be handing over Canadians' right to privacy to another government.

The government has talked about not being able to pony up the money for the database for the collection of this information. Not only will information be handed over to another government but that information will be held by that government and we will not be able to get to it.

I really want to underline the importance of the intervention made by my colleague from Windsor. I have had case after case right here in the nation's capital involving people who have been denied entry into the United States. When our government is asked what can be done, we are pointed to homeland security in the United States.

I do not know if the same situation exists in Saskatchewan, but I do know that people right across this country have been faced with it. If a constituent is on a no-fly list, his or her member of Parliament will probably talk to the minister or someone in his department. They are told that this is something that the department cannot handle. This is under the oversight of homeland security in the United States. After a very long route through voice mail, we can bring forward the case but that is the end of it. We will not be heard again.

Right now we have problems with regard to Canadians being able to freely travel abroad, particularly south of the border, and we have not figured that out yet. The government has been very silent on this during this debate. The government is going to oblige the United States when asked for this information, but we have not even figured out how to get someone's name off a no-fly list.

Constituents are scratching their heads and wondering why they cannot cross the border into the United States. They cannot figure out a way to get their name off the no-fly list. The government is about to open this up even further by sharing data through Bill C-42. It does not make sense.

Where is the consistency within the Conservative Party that used to stand up for privacy? This is not about the census. This is not about how many bathrooms there are in somebody's house. This is about a person's ability to travel abroad without the fear of being put on a no-fly list or without the sharing of personal information. That is what we are talking about here. We are talking about providing credit card information. We are talking about providing the date of birth of a Canadian citizen.

This reminds me of the debate in the House on Bill C-31 to reform the Canada Elections Act, when Liberals and the Bloc wanted to support an amendment to that bill and to streamline electoral practices by putting birth dates on the list.

Members may remember this. There was a strong debate in committee. I asked Ms. Stoddart, the Privacy Commissioner, to come before committee to get her opinion on whether she thought having birth date information on an electoral list was a good idea. At the time I was not supported by the Liberals, Conservatives and the Bloc, who said that we had already heard from Ms. Stoddart. The problem was we had heard from Ms. Stoddart before the amendment was put forward.

I wrote to Ms. Stoddart and asked her opinion, as Privacy Commissioner, about having one's birth date on the electoral list.

Mr. Speaker, you will know, having been in a couple of campaigns, that the electoral list is shared widely. To have that kind of private information, with people's dates of birth, on a list that is circulated so widely is asking for trouble. Allowing others to take people's information from the electoral list to apply for a credit card or to do the other things that data miners do opens up many doors.

At the time, Ms. Stoddart got back to me and the House and said she had grave concerns about this compromising Canadians' privacy. Eventually, thankfully, that bill was dropped, but it was about to go through the House. It is the NDP Party that stood against that flagrant abuse of Canadians' privacy.

Again, I go back to the Conservatives and ask what happened. They used to be the ones who talked about protecting privacy. Now it is only about whether people have to say how many bathrooms they have in their homes. That is the line in the sand now.

What about when someone travels abroad? What about when someone's data is collected and captured by another country? Does that not matter any more to the Conservatives? Is it simply a matter of shrugging and saying this is the way we do things now? I want to underline that because this is a government bill.

To my friends in the Bloc and the Liberal Party, reviewing things after five years is not going to do what is needed, or even within two years or a year. If it is bad legislation now, do not pass it. When they vote for this bill, they are blessing this process. It is too late a year later, when a constituent asks how his or her information got into a database in the United States, to say we were told that it would not happen, that we trusted this would be a process our officials would keep their eye on. That is not good enough.

Today opposition members have an opportunity to say no to this bill. It is not about saying we do not want to negotiate with our friends south of the border. It is in fact saying that we should negotiate with our friends south of the border, which we did not do.

I am surprised that both the Liberals and the Bloc have decided this bill is okay. I say this because I know many of them and know that their constituents will be concerned about privacy. I am sure many of their constituents have been on the no-fly list and have not been able to get their names off it. I am sure many members have had to deal with those cases.

At the end of the day, I return to the issue of whether this is a good deal for Canadians. I say it is not: it puts our privacy in peril. If that is the case, then we as New Democrats say no to this bill. We need a better deal and we say no to Bill C-42.

Strengthening Aviation Security ActGovernment Orders

March 1st, 2011 / 5:25 p.m.


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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I want to read something that was said by the leader of the official opposition earlier this month. He stated:

Mr. Speaker, a perimeter security deal that has harmonization of entry and exit standards will confer on the U.S. government unprecedented amounts of information about Canadians. I do not think the Prime Minister is being straight with Canadians about this issue. The deal would impose U.S. homeland security standards on this side of the border.

Why is the Prime Minister even contemplating the surrender of Canadian privacy rights to U.S. homeland security?

The leader of the official opposition appeared to suggest to Canadians that he cared about their privacy rights and stood against the surrender of Canadian privacy rights to the U.S. Department of Homeland Security, and yet we see the spectre of the Liberal Party of Canada preparing to vote in favour of this bill that would do exactly that.

I am wondering if my hon. colleague can comment on that horrendous act of hypocrisy.

Strengthening Aviation Security ActGovernment Orders

March 1st, 2011 / 5:25 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I would join the Leader of the Opposition in my concern about the perimeter talks. One of the concerns we have is about the SPP. We have not seen anything come before Parliament. He is quite right to underline the concerns that Canadians have about that. We and other members of the opposition, the Bloc, share the same concerns.

The thing that is hard to understand is what we do know.

We do not know the details of the perimeter talks because the government has not brought forward details of what is being discussed and what is at stake. We hear things. We hear about energy being shipped south, about supplies that we have not been told about and at what cost. We hear about standards for border security, products, food, etc.

However, we do know about this bill. Hopefully, the Leader of the Opposition has read this bill or had someone advise him about it. Unlike the perimeter security deal, we know about this one, and this one is going to compromise Canadians' privacy. This is not abstract, but concrete. This will give up Canadians' privacy to our friends south of the border.

Therefore, I would tell my colleague from Vancouver that we really do want to encourage the Liberals to look at this. In all sincerity, if they are concerned about privacy and sovereignty, there is an easy choice: vote no to Bill C-42.

Strengthening Aviation Security ActGovernment Orders

March 1st, 2011 / 5:25 p.m.


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The Deputy Speaker Andrew Scheer

It being 5:30 p.m. the House will now proceed to the consideration of private member's business as listed on today's order paper.

The House resumed consideration of the motion that Bill C-42, An Act to amend the Aeronautics Act, be read the third time and passed.

Strengthening Aviation Security ActGovernment Orders

March 2nd, 2011 / 6:10 p.m.


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The Speaker Peter Milliken

Pursuant to order made earlier today the House will now proceed to the taking of the deferred recorded division on the motion at the third reading stage of Bill C-42.

(The House divided on the motion, which was agreed to on the following division:)

Vote #190

Strengthening Aviation Security ActGovernment Orders

March 2nd, 2011 / 6:20 p.m.


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The Speaker Peter Milliken

I declare the motion carried.

(Bill read the third time and passed)