Strengthening Aviation Security Act

An Act to amend the Aeronautics Act

This bill is from the 40th Parliament, 3rd session, which ended in March 2011.

Sponsor

Chuck Strahl  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the 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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-42s:

C-42 (2023) Law An Act to amend the Canada Business Corporations Act and to make consequential and related amendments to other Acts
C-42 (2017) Veterans Well-being Act
C-42 (2014) Law Common Sense Firearms Licensing Act
C-42 (2012) Law Enhancing Royal Canadian Mounted Police Accountability Act

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

February 3rd, 2011 / 10:35 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, the member for Sackville—Eastern Shore has raised a very interesting question.

I wonder how proud the Conservative members of Parliament in this chamber or the other chamber are of this intrusion into and erosion of the privacy rights of Canadians. I wonder if they will be using their extraordinary mailing privileges to brag and advertise what they did when they went down to that trading session. Somebody mentioned what terrible negotiators they are. It is like Jack and the Beanstalk; they went down and traded their cow for three beans or something. The Conservative members did not come back with something to the advantage of Canada. They came back with this appalling policy, much to the detriment of Canadian rights and freedoms.

It is an appalling situation that the Conservatives were carpet bombing other ridings with their political propaganda. Now that they have actually overdone it to the point where they have been prohibited from doing so, they are allowing their colleagues in the Senate to mail propaganda to ridings such as Winnipeg South Centre using the Senate mailing privileges. That is one example I know of.

My Liberal colleague is getting hate mail essentially from the Conservative members in the Senate regarding her voting record on issues before the House of Commons, and that is funded by taxpayer dollars. The Conservatives should be ashamed of that communication strategy. As well, they should be ashamed of Bill C-42.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:40 a.m.

Liberal

Martha Hall Findlay Liberal Willowdale, ON

Mr. Speaker, is my colleague aware of whether the government at any point in time in these negotiations with the United States even bothered to ask for reciprocity? Not to say that I necessarily agree with that or would even agree with the deal if there were reciprocity, but I find it rather extraordinary that the government would bend over backward and offer something to the United States that I think significantly affects Canadian privacy and would not even ask for the same thing in return.

Again, I stress I am not suggesting that even that would be a good thing, but just in terms of process, I would like to know if the hon. member is aware of any effort in that regard on the part of the government.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:40 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, to our knowledge the Government of Canada did not demand reciprocity. At least that would have softened the impact in some sense. We believe there are far more Americans travelling through Canadian airspace than there are Canadians travelling through American airspace. If there was any reason, logic or demonstrable need for this information to be shared, surely what is good for the goose is good for the gander.

To our knowledge the government went into those negotiations essentially taking direction from the United States as to what needed to be done. The Conservatives sold the farm. They sold us out. They sold out on the privacy rights of Canadians for very little in return.

The last thing I will mention is that in this list of things that we have forfeited, the United States may in fact unilaterally amend the agreement as long as it advises the European Union of the change. There has already been one amendment. We would be bound by those amendments made without our involvement or participation whatsoever.

We have signed on to a pig in a poke here. It remains to be seen just how badly our privacy rights have been compromised.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:40 a.m.

NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, I am proud to rise in the House today to speak on this bill.

One of the most disturbing pieces of legislation the government has brought forward is Bill C-42. As I understand it, Bill C-42 amends the Aeronautics Act to allow airlines to send the personal information of passengers to foreign countries. The information to be forwarded will be determined by the requirements laid out in a secret agreement with other countries.

Imagine, it was the current federal government that cancelled the long form census, because it was too invasive of Canadians' privacy, but it is now trying to pass a law to hand over to foreign security agencies undisclosed information about Canadian passengers who may not even be landing on those countries' soil. This secretive government, which is so eager to divulge its citizens' private information to other governments, will not talk about these secret agreements, but we have some understanding of similar information transfer agreements between the European Union and the United States and they are all very troubling.

We know that the agreement allows the forwarding of a passenger's name record, which is the file a travel agent creates when the passenger books a vacation. This file could include credit card information; the name of the person a citizen is travelling with; hotel details and other booking information, such as tours and car rentals, et cetera. This agreement also provides details of any serious medical conditions of passengers.

The information collected can be retained by the United States for up to 40 years. This information may be forwarded to the security service of a third nation without the consent or notification of other signatories. I will dwell on this because it particularly concerns me.

Canada has signed another secret deal with one of the countries that is on this list, and that is Brazil. The secret agreement that was signed concerns the Investment Canada Act. Now we would be sending information on all Canadian citizens who fly over the United States to this country. It was this country that came to Canada under a secret agreement and then put our workers on strike for one year and used scab labour. This same country was given $1 billion by the Canadian government so it could lay off most of its employees in Thompson, Manitoba. Now Canada is going to send to this country all of the information about Canadians who fly to the United States. I think it is unreasonable that we would be sending this information to this country in particular.

No person may know what information is being held about them by the United States and may not correct that information if there are errors. I will also dwell on this.

We had a very good example by our colleague from Winnipeg a few minutes ago. An error was made on his information and it cannot be corrected. This information can be kept for 40 years. Our colleague from Winnipeg is stuck for 40 years. I am sure he is not the only Canadian who had mistakes made, and this is going to increase if we sign this agreement.

The United States may unilaterally amend this agreement as long as it advises the EU of the change. In essence, this bill would allow data mining of Canadians' personal information by foreign security services.

We know that Canada is being bullied by the U.S., that unless this bill passes, the United States could close its airspace to Canadian aircraft. The truth is that Canada and the United States have a long history of co-operation in politics, economics, defence, security and culture. We know that the United States cannot simply cut off its airspace to our flights and passengers. That is simply not realistic.

The government could do better for its citizens, but it is not. We on this side of the House are dumbfounded as to why the government, which bills itself as a great defender of our privacy, would so readily abandon our rights. It is utterly shameful.

I want to stress that this debate is not an ideological one. Its significance is due to the extent to which the federal government would go in relinquishing our rights without any disclosure to its citizens. This is truly a bad piece of legislation.

Do not take my word for it. I will read what others have had to say about this legislation. Roch Tassé, the national coordinator of the International Civil Liberties Monitoring Group, has stated:

After running a risk assessment for each passenger using data-mining technology, the Department of 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 enhanced screening requirements.

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.

Another witness at committee has noted:

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, since the vast majority of Canadian flights to and from Europe, the Caribbean, and South America overfly American airspace.

There are many cases that involve Canadians. Canadians have been denied boarding by the U.S. Even domestic flights in Canada have been reported. These cases include several individuals who have been deemed by Canadian courts and commissions of inquiry not to pose a risk to the national security of Canada.

Dr. Mark Salter, associate professor at the School of Political Studies of the University of Ottawa, had this to say:

Governments want this information so that they can build profiles of not just risky passengers but safe passengers as well.

He went on to say:

What worries me about this particular legislation is that the data not only go to the destination country but may go to all states that the airline might fly over. That, I feel, is the significant change that this legislation brings, and it worries me a great deal.

He is right when he says:

...I think it is dangerous to sacrifice our privacy and our freedoms for the dream of zero risk or perfect security. This particular measure does not provide additional security for the aviation sector, and it places an additional burden on Canadian citizens who are flying.

Mr. Edward Hasbrouck of the Liberty Coalition, a U.S.-based civil liberties group, stated:

You should be very clear that the enactment of Bill C-42 would grant to the U.S. government de facto veto power over the ability of virtually anyone to obtain sanctuary in Canada, since in most cases it's impossible to get to Canada to make a claim for political asylum or refugee status without overflying the U.S., and that power of the U.S. would be exercised at the worst possible point: while a refugee is still on the soil of and subject to the persecution of the regime they are trying to flee.

I want to speak about one point that my colleague from Vancouver East touched on. She said there were six points and she touched on one. I would like to touch on the second point, the information quality and proportionality principle. Information should be accurate and, where necessary, kept up to date.

I just want to inform the House that if this information is not accurate, we cannot make any changes to it. How many Canadians will this affect? We know there are many Canadians who fly regularly over the United States. It will result in more and more mistakes, and these mistakes will not be correctable.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:50 a.m.

NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I greatly appreciate the people who are speaking against the bill today. It is extremely important to recognize the lack of security that would be a part of this and the fact that the amount of information that would be provided would actually surpass what we should be providing.

I just want to refer to the European Commission of 1998, which put forward six key principles that must be included: the purpose limitation principle; the information quality and proportionality principle; the transparency principle; the security principle; the right to access, rectification and opposition principle; and the restriction on onward transfers principle.

Bill C-42 does not include any of these protections. Under the bill, it is open season on the private information of Canadians. We know what happens with that. We just have to look at Maher Arar. He was detained for over a year for being on a list.

My question to my colleague is, could he elaborate on the difficulties that families would have in trying to get their loved ones back, should this information be provided?

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:50 a.m.

NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, my colleague refers to private information in her interesting question. When mistakes are made when governments are collecting private information, as I stated a while ago, this information cannot be corrected.

The bill will therefore prevent a lot of people from travelling outside of Canada. That is not correct and it is something that we have to correct.

As I stated a while ago, the government claims to be the protector of private information. We witnessed that claim with the cancellation of the long form census, but now it is willing to give all types of information to foreign countries, and that has to be stopped.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:55 a.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I certainly do have a sensitivity to the privacy issues and the potential misuse of information, but I think the member has maybe inadvertently misled the House with regard to the exact information that is required to be disclosed under this bill and under the agreement with the U.S.

I wonder if the member would care to share with the House exactly what he thinks the required disclosure is, pursuant to Bill C-42.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:55 a.m.

NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, I did not misinform the House. The following is what is required when information is given out: a person's credit card information, who they are travelling with, what hotel they are staying at, information about their going on tours and renting a car, and information about any serious medical conditions they have. All of this information will be given out, but it is information that is not necessary.

My colleague asked me what information I think should be given out about a Canadian citizen. My answer is simple: none.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:55 a.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, the right of privacy, the right of due process, the right to be able to confront one's accuser, these are fundamental principles of western democracy and the rule of law. The Conservatives obviously do not believe in them and neither do the Liberals.

I ask my hon. colleague why he thinks this parcel of rogues has sold out our nation? At least the original parcel of rogues got some gold and silver, but these guys gave away our rights. They are giving away our citizens' privacy for what? We have nothing in return.

What possible motivation could the Conservatives and their pals in the Liberal Party have for selling out the right of privacy of Canadian citizens?

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:55 a.m.

NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, that is a very good question and it is impossible to answer it.

What reason would the Conservatives have for wanting to give out our personal information, especially after the fact they cancelled the long form census because it was too invasive.

What is their reasoning? We do not know what their reasoning is, and the hon. member for Timmins—James Bay is correct. They are just a bunch of rogues.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 10:55 a.m.

NDP

Malcolm Allen NDP Welland, ON

Mr. Speaker, I am pleased to join in the debate on Bill C-42. It really is a fundamental question about the right of Canadians to privacy versus some other foreign national government's decision, whether it be the United States, or some other third party such as Colombia or Panama or any other country around the world that wishes to have the personal information of me or anyone else in our country who chooses to travel by air.

I find it quite astounding that somehow we think that giving this information up is okay and we can trot out security as being the justification for giving up our private information.

Where does it would stop? Some would say that it is just our names, the hotel we are going to, whether we are renting a car and where we are going to travel in that country. We know there are sophisticated programs in place that could develop profiles about people. However, profiles can be false. I remind the House that there are a number of us who have similar last names. I and the member for Tobique—Mactaquac have the same last name, but we ensure in the House that we identify the member for Welland or the member for Tobique—Mactaquac. The same is done for others whose names are similar.

However, as my colleague and friend from Winnipeg ably pointed out, what we see is that where mistakes are made, they cannot be corrected. Therefore, if a person has a similar name that may sound like someone else's, that person ends up on a list. As my friend described his case earlier, travelling from his Winnipeg riding to his workplace in Ottawa became a great challenge based on being misidentified. Imagine how many other folks have been misidentified.

We know about Maher Arar and the absolutely heinous crime perpetrated against that individual by misinformation that was passed from government to government. Yet they were supposed to have the ability to do it well.

Now airlines will pass information to government agencies and we will not know where it goes. We will not know who they share it with. It could be other foreign national governments. It could be other agencies within the United States or within other foreign national governments. Yet as individuals we will have no control over our information and we will not even be able to come to our own government. People could not come to us and say that they needed us to help them control what had happened to their personal information because these agencies had it wrong and thought they were someone they were not.

As representatives of the citizens of our country, how do we protect the sovereignty of this nation and those citizens if we cannot correct the information that we helped deliver to a foreign national that got it wrong, when it simply puts up the roadblock, puts its hands in the air and says that it is sorry but that is the way it is going to be?

I remind my colleagues of the days in elementary school. One of the activities that many teachers used to give elementary school children was to whisper a story into the ear of the first child in a row and ask each child to whisper it to the next and pass it all the way through. By the time it came out from child number 23, the class would see how close it matched the original story. I believe, as that information goes from one government to one agency to a second agency to a third to a fourth to a fifth to another government then another government and its agencies, by the time it is finished I am not sure who they think I am anymore.

If it is our sense that somehow we are keeping terrorists out of the sky, we are really mistaken. That will not prevent folks from doing that. Folks who intend to perpetrate heinous crimes find a way to work outside of the system.

My friends in the government are always keen to talk about the long gun registry and how it does not prevent crime because criminals do not obey the law. Terrorists do not obey the law. Developing a law to give information to someone will not prevent terrorists from simply saying that they think they will become Mr. or Mrs. so and so today.

We know how easy it is in this Internet age to steal identities of other people. In my case, I would hate for someone to steal my identity. I could end up, like my colleague from Winnipeg, thinking I am going on vacation with my family and getting turned away at the airport. Because I am headed back to my ancestral homeland, going back to Glasgow, Scotland to visit with my aunts and uncles, I could find out that I cannot get there because I am about to fly over some foreign country. In this case it could be Greenland or Iceland.

I could be told that my name is on a list, unbeknownst to me and because of someone else who decided to misappropriate my identity. It could end up not being able to be corrected. We face this serious situation. Somehow we have not come to grips with it in our rush to simply give up the personal information of our citizens.

We are not asking for this to be done, by the way. There is no great groundswell of public opinion in Canada asking us to do this.

One of the questions earlier was about information. I believe the member for Sackville—Eastern Shore asked if the government was delineating this information in any kind of political way. Forget about the politics, the government ought to tell Canadians that it is willing to tell foreign governments all about them, that it is willing to give them the information of Canadians, that it is not going to fight to ensure Canadians can keep their privacy and that it is going to pass a bill to ensure their privacy is compromised. Let us see what Canadians have to say to us about that.

This is so far under the radar, no pun intended, that it is ridiculous. We need to inform our citizens that the government is about to compromise their privacy. They believe they have a right to privacy. The charter says they do have a right to privacy.

If citizens believe it and it is enshrined in law, why is the government compromising it, all in the name of “security”? I believe those who work for our security services, whether it be CSIS, the CBSA, the RCMP or the other agencies across this land, are up to the job. When people board a plane, folks have a sense of who they are. They have to identify themselves.

If there is an issue with me, if I have some difficulties with the law, security services will know that and they will then be able to do something about it.

We are contracting out, like we do with so many other things, the security and the privacy of Canadians to someone else. It could be to Panama, Bolivia, Guatemala, the U.S. or the EU. Our right is to our citizens. Our work is on behalf of our citizens. In my view we do not have the right to contract that obligation and that responsibility out to third, fourth, fifth, sixth parties. As they pass it around, that is exactly where it is going to go.

This is from testimony that came before the committee from some of the witnesses who talked about how this thing actually took place. It states:

After running a risk assessment for each passenger using data-mining technology, the Department of Homeland Security in turn issues a boarding pass result back to the airline. The result instructs the airline to issue a boarding pass...

In other words, someone in Canada is looking to get a board pass, the list goes somewhere else, to Homeland Security in this case because he or she is going to over fly the U.S. The U.S. Homeland Security will decided whether people can get a boarding pass, even though they are not going to the United States. They could be going to a destination wedding in Mexico. My family is participating in one next week for a very gorgeous young woman who I have known from the age of five.

I cannot comprehend the thought of my wife and two daughters showing at the airport and somehow their names being on a list. They could get turned away and not be able to go to the wedding of that young woman, simply because someone in the U.S. said that their names were on a list. Their name would be on a list inappropriately.

We need to ensure we do the job in our country and do it well. I think Canadians expect us to do that. We need to ensure that our security forces are robust, and they are. We do not need the help of Homeland Security.

Homeland Security still thinks the 9/11 terrorists came across the 49th parallel and flew those planes into the Twin Towers. The bottom line is it was wrong. It was such a horrendous, heinous crime and yet Homeland Security cannot get it right. I do not know it can get Smith and Allen right quite frankly.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 11:05 a.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, this an important issue, considering that the Prime Minister will be in Washington on Friday negotiating even further enhancements of this type of information-sharing with the United States.

I refer to an article in today's Globe and Mail. It talks about key areas of co-operation that have been released out of a document that guides their discussions. One of the items is about tracking travellers. It was a conundrum to me as to why the U.S. government would allow an exemption for domestic flights when there is such a low level of security on domestic to domestic. Here is what the article says:

Countries would develop programs to better verify the identifies of travellers, including through “common standards for the use of biometrics” and shared information on travellers “in real time.”

Will the Prime Minister be in Washington to strike a deal that would allow information about any Canadian on a flight to be shared with a foreign power? What does that mean to our privacy and our rights as Canadians?

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 11:05 a.m.

NDP

Malcolm Allen NDP Welland, ON

Mr. Speaker, my colleague from Western Arctic is a real champion of the privacy of Canadians. If it had not been for my colleague from Western Arctic standing up for the privacy of Canadians, I do not think anybody in the House would have. He has brought it to the forefront.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 11:10 a.m.

NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

I would have.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 11:10 a.m.

NDP

Malcolm Allen NDP Welland, ON

Mr. Speaker, I hear my colleague from Sackville—Eastern Shore saying that he would have, and so would all New Democrats.

The bottom line is the member for Western Arctic is the champion who has said that ultimately we need to protect the privacy of Canadians because they expect that from us. They expect no less. New Democrats will ensure we do that. I encourage every other member in Parliament to do exactly the same thing.