An Act to amend the Air Canada Public Participation Act and to provide for certain other measures

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Marc Garneau  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Air Canada Public Participation Act to provide that Air Canada’s articles of continuance contain a requirement that it carry out aircraft maintenance activities in Ontario, Quebec and Manitoba and to provide for certain other measures related to that obligation.

Elsewhere

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

Votes

June 1, 2016 Passed That the Bill be now read a third time and do pass.
May 17, 2016 Passed That, in relation to Bill C-10, An Act to amend the Air Canada Public Participation Act and to provide for certain other measures, not more than one further sitting day shall be allotted to the consideration of the third reading stage of the Bill; and That,15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration of the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
May 16, 2016 Tie That Bill C-10, An Act to amend the Air Canada Public Participation Act and to provide for certain other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
April 20, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on Transport, Infrastructure and Communities.
April 20, 2016 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-10, An Act to amend the Air Canada Public Participation Act and to provide for certain other measures, because it: ( a) threatens the livelihoods of thousands of Canadian workers in the aerospace industry by failing to protect the long-term stability of the Canadian aerospace sector from seeing jobs outsourced to foreign markets; ( b) forces Canadian manufacturers to accept greater risks and to incur greater upfront costs in conducting their business; ( c) provides no guarantee that the terms and conditions of employment in the Canadian aeronautics sector will not deteriorate under increased and unfettered competition; and ( d) does not fulfill the commitments made by the Prime Minister when he attended demonstrations alongside workers in the past.
April 20, 2016 Failed “That the motion be amended by adding the following: (e) is being rushed through Parliament under time allocation after only two days of debate and limited scrutiny.”".
April 20, 2016 Passed That, in relation to Bill C-10, An Act to amend the Air Canada Public Participation Act and to provide for certain other measures, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Air Canada Public Participation ActGovernment Orders

April 18th, 2016 / 12:45 p.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, the answer to that question is pretty simple. It is because the jobs and the maintenance centres will be created by Bombardier, but the bill is all about Air Canada. Bill C-10 does not even mention Bombardier. We support Bombardier and encourage the company to create maintenance centres and jobs in Canada, but do we need to sacrifice existing jobs and the people who want to keep working and putting their expertise to good use for Canadians as they maintain aircraft here in Canada in a stable and safe environment? That is my answer to my hon. colleague's question.

Air Canada Public Participation ActGovernment Orders

April 18th, 2016 / 12:35 p.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, I will be sharing my time with the hon. member for Bow River.

I rise to speak to Bill C-10, an act to amend the Air Canada Public Participation Act and to provide for certain other measures, which has me a bit confused.

From the outset, I would say that during her excellent speech last week, our transport critic, the hon. member for Carlton Trail—Eagle Creek, presented some key dates related to the facts that bring us to talk about Air Canada today.

These dates are important and bear repeating. On November 3, 2015, the Quebec Court of Appeal, Quebec's highest court, confirmed an earlier ruling by the Quebec Superior Court that Air Canada had failed to fulfill its legal obligations under the Air Canada Public Participation Act concerning heavy maintenance of aircraft in Montreal, Winnipeg, and Mississauga.

On December 11, 2015, Bombardier formerly requested financial support of $1 billion U.S. from the Government of Canada. This was two months after the Government of Quebec had purchased a 49% stake in the C Series program for that same amount.

On February 6, 2016, Republic Airways, which to that point had placed a very large order for the C Series, streamlined its operations as it filed for bankruptcy protection and cancelled its order for up to 80 C Series aircraft. The very next day, February 17, Air Canada announced that it had begun negotiations with Bombardier to purchase 45 CS300 aircraft, with an option for 30 more.

Obviously, we are thrilled about Air Canada's decision to purchase Bombardier's superb aircraft. Not only will this decision have a huge impact on our aerospace industry, but it also gives credibility to Bombardier's new aircraft. We have heard some other announcements recently, and let us hope that those announcements turn into real orders, so that Bombardier can achieve its goal of launching a new economical aircraft to compete with large manufacturers like Boeing and Airbus in their own airspace.

Now that everyone is so happy about Air Canada's decision to purchase Bombardier's C Series planes, we have to wonder about the government's decision to introduce Bill C-10 at this point in time. The Minister of Transport never answered our questions about the impact that the bill will have on the Aveos workers. He keeps repeating the same message spun by his communication advisers. Whenever we talk about Aveos and Air Canada, he replies that Bombardier committed to establishing two maintenance centres for the C Series in Montreal and western Canada. There is absolutely no mention of this in Bill C-10, even though this will have a huge impact on nearly 3,000 Aveos workers, who are watching as the new Liberal government is turning its back on them without even having the decency to admit that it sacrificed those workers on the bargaining table between the government, Air Canada, and Bombardier.

Those workers had no reason to expect that the new government would betray them that way. They were right, since they thought they could rely on the support of one very influential member, and I want to stress his influence, in the Prime Minister's Office.

I will share a quote from that very influential cabinet member, who gave a little speech on Parliament Hill. He said, “It is such a shame that we have to demonstrate to ask the law and order government to obey the law”. He said that the government had made promises and said that we should not worry about Aveos.

I remind members that this quote was from a very influential government member.

He continued, “We are losing the types of jobs that we need in this country.” He said that it was not true that our best resources are in the ground somewhere, that our best resources are human resources, qualified workers like them, who are building this country every day with their hands, arms, intelligence, and creativity.

As members have gathered, these comments were made to Aveos workers.

Lastly, he said that it was not right that the government was refusing to invest in what had made this country strong, and that thousands of Canadians who travel every day were being put at risk with potentially lower-quality maintenance. Then he thanked them for being there.

Imagine this emotional little speech given by a very influential member of the Liberal government. Obviously, this must have initially given Aveos workers renewed hope. However, today we have realized that, unfortunately, these words, which were spoken right here in front of our Parliament Buildings, were just rhetoric.

I get the feeling that members have a lot of questions. They want to know whether their colleague is finally going to tell them which very influential government member said those things. Which Liberal member spoke so clearly and eloquently in support of Aveos workers?

Members had better stay seated, otherwise they might fall down. They will be shocked by the answer. The very influential member of the government who said those things just a few years ago is the member for Papineau, the current Prime Minister.

I will quote him again. He concluded his speech to Aveos workers by saying, “It's not right.”

What has happened since the member in question, who went on to become the Liberal Prime Minister, gave that speech on Parliament Hill that would make him change his views so drastically and cause him to forget about all the wonderful promises that he made? The answer is that the promises that the Liberals made before October 2015 are no longer valid. The Liberals' sunny ways are promises that they do not keep once in office.

It is important for me to remind members of this incident because it clearly shows that Bill C-10 is improvised, that it goes contrary to the promises made by the Liberals before the election, and that it is going to cost thousands of Canadian jobs. The Minister of Transport is telling us that he is taking action because the provinces, including Quebec, decided to settle their dispute with Air Canada. Once again, it is important to set the record straight.

This is what the Government of Quebec agreed to. I am quoting from a press release issued by Air Canada.

Subject to concluding final arrangements, the Government of Quebec has agreed to discontinue the litigation related to Air Canada's obligations regarding the maintenance of an overhaul and operational centre...

It does state “subject to concluding final arrangements”, and those are important words. The Government of Quebec has not resolved the dispute; it has temporarily suspended the litigation while the two sides negotiate a settlement deal. Until Air Canada concludes its purchase with Bombardier, takes possession of its first C Series aircraft and begins the work, the deal with the Government of Quebec cannot be final.

Then why is the government in such a hurry to pass Bill C-10? We have to wonder. With Bill C-10, there is no longer a guarantee of any jobs or future maintenance, and by future I am talking about a rather distant future for the C Series. There is also no guarantee of current maintenance work for Air Canada's fleet. Therefore, Bill C-10, is premature, imprudent, and incomplete.

The Conservative Party believes that Air Canada must be a private sector company that is not supported by taxpayers and provides Canadians with reliable access to air travel. That was the original intent of the Air Canada Public Participation Act, which put in place conditions to ensure that this was possible and realistic. Could it have been done better? Could we help Air Canada be more competitive? Of course.

There have been a number of proposals for helping Air Canada without affecting a single job in Canada. For example, the government could link airport improvement fees to specific projects with clear end dates. It could completely overhaul airport security funding models. It could increase the number of trusted traveller programs, such as NEXUS and CANPASS. It could increase the ownership limits to at least 49% for commercial passenger carriers. In short, there were other solutions.

In conclusion, we know that Air Canada supports these measures, because that is what the company said in the brief it presented during the review of the Canada Transportation Act. The question is, why did the minister choose to amend this bill without taking the opportunity to include other measures that Air Canada put forward in its brief? Neither the bill nor the minister took any of those measures into account. That is another reason why the Conservative Party cannot support this bill.

Air Canada Public Participation ActGovernment Orders

April 18th, 2016 / 12:30 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I want to follow along in a similar vein to the questions that my colleague asked.

If in fact the parliamentary secretary is suggesting that the reason for the amendment to Bill C-10 and is about modernizing the Air Canada Public Participation Act, I wonder if the member can then explain why this amendment to the act is so narrowly focused and does not contemplate measures to support Air Canada that would not affect jobs in Canada.

The House resumed from April 15, 2016, consideration of the motion that Bill C-10, An Act to amend the Air Canada Public Participation Act and to provide for certain other measures, be read the second time and referred to a committee, and of the amendment.

Air Canada Public Participation ActGovernment Orders

April 15th, 2016 / 1:25 p.m.


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Liberal

David Graham Liberal Laurentides—Labelle, QC

Madam Speaker, I will be sharing my time with the member for Aurora—Oak Ridges—Richmond Hill, who will deliver her speech when we come back next week.

On March 24, 2016, our government introduced Bill C-10, an act to amend the Air Canada Public Participation Act and to provide for certain other measures in the House of Commons. The purpose of the bill, more specifically, is to amend the sections of the act that have to do with Air Canada's operational and overhaul centres.

It is important to point out that this bill is being introduced at a time that is quite historic for the Canadian aerospace industry. As members will recall, in February 2016, Air Canada announced that it planned to purchase up to 75 C Series aircraft from Bombardier, and that it would carry out the maintenance of those planes in Canada for at least 20 years, beginning with the first delivery.

Air Canada will also help establish a centre of excellence in Quebec for the C Series aircraft, as well as another centre in western Canada, to be located in Manitoba. These centres will be able to not only service Air Canada's planes but also to offer those services to other national and international airlines.

In other words, we have introduced a bill at a time that is pivotal for Canada's aerospace industry. Not only is Bombardier offering a product that is a game changer for the aerospace industry worldwide, due to its efficiency and environmental performance, but our most important Canadian airline, Air Canada, clearly intends to make massive investments in the renewal of its fleet of aircraft.

Investing in a cutting-edge product that was designed and manufactured mainly in Canada will improve Air Canada's ability to compete globally and to serve Canadians.

In this historical context, we propose to modernize the Air Canada Public Participation Act, which we find to be outdated in part.

More specifically, the bill amends paragraph 6(1)(d) in the provisions requiring Air Canada to maintain operational and overhaul centres in the City of Winnipeg, the Montreal Urban Community, and the City of Mississauga.

Air Canada Public Participation ActGovernment Orders

April 15th, 2016 / 1:10 p.m.


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Conservative

John Nater Conservative Perth—Wellington, ON

Madam Speaker, I am pleased to rise today to participate in the debate on Bill C-10, an act to amend the Air Canada Public Participation Act and to provide for certain other measures.

So far, we have heard members on the government side and the Parliamentary Secretary to the Minister of Transport go on and on about the quality of the Bombardier C Series aircraft and about how happy they are that Air Canada has ordered so many aircraft.

Bombardier has been promoting its new aircraft for several years now, and what Bombardier needs is to get more orders. The government's platitudes here will unfortunately not help Bombardier sell a single aircraft.

That said, it does not matter that the minister is justifying Bill C-10 by saying that Air Canada's will purchase C Series aircraft and that the maintenance of these aircraft will be done in Quebec. None of this has anything to do with Bombardier or its new aircraft.

The text of the act to amend the Air Canada Public Participation Act and to provide for certain other measures makes no reference to Bombardier or its C Series aircraft. The changes that the government is proposing in this bill make no reference to Bombardier or the C Series aircraft. Even if Air Canada purchases and takes possession of 45 of Bombardier's aircraft, that will represent only a small portion of its total fleet, about 15%.

We all know that most of Air Canada's fleet consists of Boeing, Airbus, and Embraer aircraft. This bill is only concerned with where Air Canada must do its maintenance. Talking about other things only diverts attention away from what is important. What is important is to strike a balance between keeping good jobs here in Canada and making it possible for Air Canada to continue becoming a more flexible and competitive private company.

Let us go back in time in order to understand why the federal government at that time included a provision on aircraft maintenance that read as follows:

The articles of continuance of the Corporation shall contain

...

(d) provisions requiring the Corporation to maintain operational and overhaul centres in the City of Winnipeg, the Montreal Urban Community and the City of Mississauga;

By passing legislation guaranteeing that operational and overhaul centres would be maintained, the then government ensured that Air Canada maintenance jobs would stay in Canada. This condition was deemed necessary because we, the taxpayers, had invested a lot of money and implemented policies that supported Air Canada. Accordingly, in 1988, when Air Canada was privatized, all parties felt that Air Canada's good maintenance jobs had to stay in Canada and, more specifically, near the cities of Montreal, Mississauga, and Winnipeg.

These policies and this financial support still exist today. That is why the government at the time ensured that this condition for privatization was included in the legislation. That way, only a change to that legislation made by the Parliament of Canada would allow Air Canada not to have its maintenance done in the three cities named in the legislation.

We all know that the airline industry has changed a great deal since Bill C-129 was introduced and debated in 1988. We all know that the Montreal Urban Community no longer exists, but we can all see that the law intended for the maintenance to be done in Montreal, Mississauga, and Winnipeg.

What has not changed is the need to have aircraft regularly maintained by reliable mechanics with the necessary experience and training to ensure passenger safety.

Canada has one of the best air safety regimes in the world, possibly even the best. We can be proud of that, and it is not something that should be changed overnight. We all recognize that aircraft maintenance is not the same now as it was in 1998. The technology and maintenance practices have changed a lot since then.

However, this bill does not propose modernizing the act to take into account the changes that have occurred in the airline industry with regard to aircraft maintenance. It proposes eliminating Air Canada's obligation to have its aircraft maintained in Canada. That is not modernization. Modernization would be an amendment that describes the type of maintenance that must be done in Canada, for example, with regard to airplane engines or flaps. My government colleagues are arguing that Air Canada is going to maintain the C Series in Quebec, that it is going to move jobs from Mississauga and Montreal to Winnipeg, and that that is enough.

Air Canada has a fleet of nearly 300 planes that need maintenance. Its Airbus and Boeing aircraft and even other planes that were built by Bombardier but are not part of the C Series could be maintained outside Canada. As a result, 85% of the fleet of Air Canada's largest planes, such as the Boeing 787, the Boeing 767, and the Airbus A330, could be maintained abroad.

Given the comments that the parliamentary secretary made in her speech and particularly outside the House, and given the content of the bill, it seems that the government intends to pass this legislative measure before Air Canada has even taken possession of a single C Series aircraft.

That is surprising because there are many measures that the government could introduce that would make Air Canada more competitive without affecting Canadian maintenance workers.

The government could link airport improvement fees to specific projects with clear end dates. It could do a complete overhaul of the airport security funding models. It could increase the number of trusted traveller programs, such as NEXUS and CANPASS. It could increase the ownership limits to at least 49% for commercial passenger carriers. It could also reduce or eliminate the aviation fuel tax, better align the regulations with those of the United States and Europe, and simplify customs and immigration processes.

All of these measures could be introduced quickly, and they would stimulate Air Canada and the country's entire airline industry. All of these measures have Air Canada's support. Unfortunately, the government is ignoring all of these measures in this bill.

I hope that the government will explain why it is ignoring many measures that would support Air Canada without affecting nearly 3,000 maintenance jobs in Canada.

Air Canada Public Participation ActGovernment Orders

April 15th, 2016 / 1 p.m.


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Conservative

Dianne Lynn Watts Conservative South Surrey—White Rock, BC

Madam Speaker, I will be sharing my time with the hon. member for Perth—Wellington.

I am pleased to speak to Bill C-10, an act to amend the Air Canada Public Participation Act and to provide for certain other measures.

This bill would amend the articles of the Air Canada Public Participation Act that stipulate that the carrier undertake operational and overhaul maintenance in Ontario, Quebec, and Manitoba. For all intents and purposes, these articles would be removed. This would allow Air Canada to fulfill its maintenance needs outside of Canada and presumably at a lower cost. Consequently, Air Canada would no longer have to employ approximately 3,000 heavy maintenance workers in Quebec, Ontario, and Manitoba.

The language that is used in Bill C-10 states:

...while not eliminating those activities in any of those provinces, change the type or volume of any or all of those activities in each of those provinces, as well as the level of employment in any or all of those activities.

I challenge any Liberal member to inform the House what he or she believes are the minimum number of Canadian jobs that article would protect.

Every member knows that all airlines do some maintenance work in every airport out of which they operate. This is called line maintenance, the routine checks that ensure that the planes are in good order and safe for passengers on a day-to-day basis.

Heavy or overhaul maintenance is the work that takes several days. It involves high skill because the mechanics are performing tasks such as replacing an engine or airframe upkeep. These are all high-end jobs, vital to Canada's aviation sector because of how skill-intensive these tasks are. By not specifying the type of maintenance work that needs to be done in Canada, as Bill C-10 proposes, Air Canada would be able to fulfill its legal obligation without having a single heavy maintenance person on staff.

While all Air Canada overall maintenance work would continue to be done in facilities that are certified by Transport Canada, the Liberal member for Scarborough—Guildwood made the following point a few years ago. He stated:

By keeping Air Canada’s maintenance in Canada, we ensured a superior level of safety with tight regulations and a highly skilled aerospace workforce. By shuttering Canadian overhaul centres, Canada is losing its ability to ensure that our aircraft meet safety regulations.

While the government should be commended for looking at ways to make Air Canada more competitive, and we agree with that, it cannot be commended for introducing a measure that would lead to job losses in Canada before even considering anything else.

Earlier this year, the Minister of Transport tabled a statutory review of the Canada Transportation Act, and the review looked forward 20 to 30 years to identify priorities and potential actions in transportation that would support Canada's long-term economic well-being. The report makes a number of recommendations concerning the aviation sector that stem from many months of analytical work, significant public consultation, and experience from eminent Canadians, including the Hon. David Emerson, who actually chaired that review.

Some of the examples of these recommendations include establishing a set of principles to guide all airports in Canada when determining fees, tying all airport improvement fees to specific projects with explicit sunset provisions, and overhauling the regulator, financing, and delivery models for security.

None of these initiatives would have cost the taxpayers any dollars, and considering the size of the Liberals' budget deficit, this would be especially important and, for the context of this debate, lead to job losses in Canada.

This legislation can and should be modernized without removing one if its key provisions. Air Canada has important heavy maintenance operations in Richmond, B.C., that should be considered by this act, but it is not even mentioned.

Canadians benefit from the efficient, affordable aviation sector. As Canada's largest carrier, having carried 40 million passengers last year, ensuring that Air Canada can provide affordable service to Canadians is extremely important. However, the government should always exhaust all measures available to it to achieve its objective, before picking the one that could cost Canadian workers their jobs.

Air Canada Public Participation ActGovernment Orders

April 15th, 2016 / 12:25 p.m.


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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Madam Speaker, I thank my colleague for her question.

I can assure her that there will be no impact on safety regulations. We are just telling the government to start from scratch. We are telling the government that Bill C-10 does not work and will not protect the jobs currently protected by the law. Questions about safety will surely come up when we are talking about air transport and workers. However, all the NDP is saying today with our position and our amendment is that this bill is harmful to the sustainability of the aeronautics and aerospace industry in Quebec and Canada. It is also clearly harmful to the workers we are defending here today.

Air Canada Public Participation ActGovernment Orders

April 15th, 2016 / 12:10 p.m.


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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Madam Speaker, I will pick up my speech where I left off. I was saying that this bill is a betrayal of workers since it seeks to amend the law that ensures that their jobs remain in the locations indicated in that law.

However, this is not just about job losses. Although the job losses that will occur as a result of this bill are very worrisome, the instability of the jobs in this sector is also a cause for concern. That is perhaps an unintended consequence, and it makes us wonder how much the government really thought about the consequences of its bill. Let me explain.

According to the bill, it would be deemed appropriate to outsource these jobs if that allowed Air Canada to maintain its competitive advantage. After the bill is passed, jobs may stay in Montreal, Winnipeg, and Mississauga. However, we do not know how long that situation will last and we will have to deal with the fact that these jobs will become unstable. Air Canada may justify outsourcing jobs by saying that it wants to avoid raising prices for consumers. That is a problem.

As I said before question period, we have high-quality, well-paying jobs here. It will be counter-productive if those jobs become unstable. We are not just talking about job losses, but about job quality as well.

Since this debate began, Liberal government members have been arguing that Air Canada has to remain competitive in an ever-changing industry. The problem is that we not only have to stand up for the workers affected by this bill, but we also have to think about the precedent that this bill sets.

Imagine a world where every time something like this comes up, the government claims that the company's legal requirements prevent it from remaining competitive and will cause rates to increase and all kinds of problems.

If, every time, the government decides to change the law and make legal something that used to be illegal, namely the loss of good-quality jobs, what will prevent the government from doing the same thing again for another company that has similar legal obligations, under the pretext that the industry is competitive?

How many jobs would be in jeopardy and would become precarious? How many jobs are we prepared to outsource to keep our companies competitive? That is not what a free market is. By intervening to favour a company on a legal level, the government is going against the idea of a free market. This is not the role of a responsible government.

A government, especially this one, which was elected on its claim of wanting to stand up for the middle class, is responsible for standing up for the workers who are protected by law.

I want to reiterate that this is a betrayal. During the last Parliament, in 2012, the Liberal Party was outraged about the Conservative government's refusal to step up and enforce the law. However, the Liberals are now saying that they will absolutely enforce the law, because they are going to change it.

Changing the law makes the Liberals even worse than the Conservatives. The Conservatives did not enforce the law, but the Liberals have simply decided to change the law at the expense of workers.

I am thinking about all those members from Montreal.

The same goes for members from Winnipeg or Mississauga, members who are from cities that have workers who rely on these jobs which are protected by Air Canada's legal obligations. Today we see a betrayal of those workers, those workers who now are now seeing the Liberal government change the law after saying that the previous Conservative government should apply the law. The changes to that law are not only creating a situation where those workers will lose their jobs, but those who manage to hang on to their jobs will no longer be guaranteed the same high-quality long-term jobs and the long-term guarantees which the law affords them today.

Therefore, Canadians should remember this the next time the Liberals tell them how they set bar so much higher than the previous Conservative government. It is rare that I will take the side of the Conservatives in an argument. The Liberals are doing worse than what the Conservatives did. They propose to change the law, and that is a slap in the face for the workers who are protected by the legislation.

We also need to consider the situation at Bombardier. I will have to say more about that later because I did not have enough time to delve into the subject as much as I wanted to during my initial remarks on this subject. We need to consider the fact that Bombardier is going through a tough time across Canada, but especially in Quebec. That has major repercussions on the entire aerospace and aeronautics sector. The problem today is that people are trying to take shortcuts.

I will admit this is speculation, but we have the right to ask certain questions in this debate, and we have to ask them. This bill was introduced before an announcement about the decision on whether to provide, or not provide, assistance to Bombardier.

The answer is clear to the NDP: yes, we should help Bombardier, but there should be strings attached. We should have a solid agreement with provisions to ensure utmost respect for taxpayer dollars throughout the process. We certainly do not want to give Bombardier a blank cheque.

The problem is that there was no mention whatsoever of Bombardier, and no mention of the entire aeronautics and aerospace industry in this budget. Today we are debating Bill C-10, which will have a serious impact on the aeronautics and aerospace industry and on all related decisions, even though we have no idea what direction the government plans to take.

This is quite problematic because, as I said at the beginning of my remarks, it really seems like this is about returning a favour, after Air Canada committed to purchasing the C Series planes from Bombardier. Every time we ask the minister any questions about this file, he simply gets up and says that it does not matter, that we have good news from Air Canada. Of course we have some concerns about this. We will continue to stand up for workers.

That is why we will be voting against this bill and why I am pleased to move, seconded by my colleague from Nanaimo—Ladysmith, the following amendment:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

the House decline to give second reading to Bill C-10, An Act to amend the Air Canada Public Participation Act and to provide for certain other measures, because it:

(a) threatens the livelihoods of thousands of Canadian workers in the aerospace industry by failing to protect the long-term stability of the Canadian aerospace sector from seeing jobs outsourced to foreign markets;

(b) forces Canadian manufacturers to accept greater risks and to incur greater upfront costs in conducting their business;

(c) provides no guarantee that the terms and conditions of employment in the Canadian aeronautics sector will not deteriorate under increased and unfettered competition; and

(d) does not fulfill the commitments made by the Prime Minister when he attended demonstrations alongside workers in the past.

The House resumed consideration of the motion that Bill C-10, An Act to amend the Air Canada Public Participation Act and to provide for certain other measures, be read the second time and referred to a committee.

Air Canada Public Participation ActGovernment Orders

April 15th, 2016 / 10:20 a.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, I am pleased to rise today to speak to Bill C-10, an act to amend the Air Canada Public Participation Act and to provide for certain other measures.

As the official opposition critic for transport, I have a number of concerns with both the proposed amendment to this act and the government's timing in introducing this change.

Let us review the facts.

On November 3, 2015, the Quebec Court of Appeal, Quebec's highest court, confirmed an earlier ruling by the Quebec Superior Court that Air Canada had failed to fulfill its legal obligations stemming from the Air Canada Public Participation Act concerning heavy maintenance of aircraft in Montreal, Winnipeg, and Mississauga.

On December 11, 2015, Bombardier formerly requested financial support of $1 billion U.S. from the Government of Canada. This was two months after the Government of Quebec had purchased a 49% stake in the C Series program for that same amount.

On February 16, 2016, Republic Airways, which to that point had placed the largest order for the C Series, streamlined its operations as it filed for bankruptcy protection and cancelled its order for up to 80 C Series aircraft.

The very next day, February 17, Air Canada announced that it had begun negotiations with Bombardier to purchase 45 C Series variant 300 aircraft, with an option for an additional 30.

I will be discussing this announcement further, later on in my remarks.

Considering Air Canada had for years shown no interest in the C Series and had just completed an agreement with Boeing to purchase 61 737 Max aircraft, this announcement surprised virtually the entire airline industry. Prior to Air Canada's announcement, Bombardier had gone nearly 17 months without landing a firm order, so it goes without saying that the timing of this transaction was fortuitous for the aerospace giant.

Furthermore, Airways News, a trade publication, estimates that there is a 40% chance that Bombardier will land another order for its C Series aircraft this year. Therefore, to say that Air Canada has saved the Bombardier C Series program would be an understatement.

Concurrent with this announcement, Air Canada announced that it would undertake the heavy maintenance of the C Series aircraft in Quebec for 20 years and create a centre of excellence in the province.

On the same day that Air Canada made its announcement to purchase these airplanes, the Minister of Transport announced that he would lessen Air Canada's obligations under the Air Canada Public Participation Act.

On March 8, the Minister of Transport put the bill we are debating on notice.

On March 14, Air Canada announced that it would move some of the maintenance work presently being done in Mississauga and Montreal to Winnipeg, thereby creating approximately 150 jobs in Manitoba.

On March 24, the Minister of Transport introduced the bill we are debating today.

Given that it is common practice to put a bill on notice and introduce it within a few days, the 16-day delay from when this bill was put on notice to when the minister introduced it has not been explained. In his short justification for introducing Bill C-10, the Minister of Transport hailed Air Canada's decision to purchase the C Series aircraft, combined with the Government of Quebec's and the Government of Manitoba's intention to discontinue litigation against the carrier, as the main cause. He also noted that this would allow Air Canada to be more competitive in an evolving aerospace sector.

While this proposed legislation should have nothing to do with Bombardier, this bill unfortunately appears to have everything to do with Bombardier. If this legislation is part of the government's plan to support Bombardier, then it should just say so.

Let us look at the justification in greater detail, starting with Air Canada's purchase of the C Series airplane.

As was mentioned, Air Canada signed a letter of intent to purchase the C Series aircraft on February 17 this year, with a two-year negotiating window. No money has changed hands, and none will for several years.

Neither Bombardier nor Air Canada has announced the price they have agreed on for the C Series aircraft. However, it is believed to be under $30 million per unit, which is far below the break-even point for Bombardier.

Assuming Air Canada's letter of intent leads to orders at the end of the two-year negotiating window, planes are scheduled to be delivered beginning in early 2020, after deliveries of Boeing 737 Max aircraft are completed, and assuming no delays take place in production.

I would also note that the narrow-body Boeing 737 Max variant 200 and variant 300 airplane that Air Canada is purchasing seats between 160 and 180 persons in a two-cabin configuration, depending on the cabin layout, which is approximately 20 more seats than the C Series.

While I know that all of us here are pleased that Canada's largest airline has made what could be a substantial order for the Bombardier aircraft, none of us should be under any illusion that we will be heading home for the next constituency week on this aircraft.

As is the industry norm, Bombardier will only receive payment from Air Canada once the planes have been delivered, which is many years away. Finally, as with all major orders, due diligence takes time, and either side has the ability to withdraw from the negotiation at any time.

Next is what the Quebec government agreed to, and I will quote Air Canada's press release on this matter:

Subject to concluding final arrangements—

—and those are important words, “concluding final arrangements”—

—the Government of Quebec has agreed to discontinue the litigation related to Air Canada's obligations regarding the maintenance of an overhaul and operational centre following Air Canada's agreement to collaborate with the Province to establish a Centre of Excellence for C Series airframe heavy maintenance work in Quebec.

The Government of Quebec has not abandoned litigation against Air Canada. It has temporarily suspended litigation as both sides negotiate a settlement deal. Until Air Canada takes possession of its first C Series and begins maintenance work on that aircraft, or even concludes its purchase with Bombardier, this deal with the Government of Quebec cannot be final.

The Province of Manitoba, which had originally joined Quebec's lawsuit, has agreed to cease pursuing litigation subject to Air Canada moving approximately 150 jobs to the province. These jobs will be moved to Winnipeg sometime in 2017.

I would note that prior to Aveos filing for bankruptcy, approximately 400 heavy maintenance jobs were in Winnipeg. Air Canada is proposing to bring back 40% of them.

It is clear that with Bill C-10, if something happens and Air Canada does not end up purchasing the C Series aircraft for any reason, whether because of a change in demand for air travel or if the C Series does not fulfill its performance guarantees, the Quebec and Manitoba governments will not have a legal recourse because the law will have changed.

If the governments of Quebec and Manitoba are indeed satisfied with Air Canada's commitments to create and maintain jobs in both respective provinces, there is no need to move as quickly to change the maintenance provisions of the Air Canada Public Participation Act, because no further lawsuits would be forthcoming.

Finally, the minister makes the point that this change would allow Air Canada to be more competitive. The amendment that the minister is proposing in Bill C-10 would indeed allow Air Canada to move some of its maintenance work to jurisdictions where presumably the cost of labour is lower, therefore saving Air Canada money.

In making the point regarding Air Canada's competitiveness, the minister has not provided an estimate of the financial benefit this legislative change will give Air Canada, not even for next year. Perhaps this information will come up in today's debate.

What is even more curious is that in its lengthy and detailed submission to the Canada Transportation Act review, which is available online, Air Canada does not mention aircraft maintenance once as a financial concern.

The location where Air Canada undertakes its overhaul maintenance only became a major concern when the carrier lost in court twice on this matter.

In the same public submission, Air Canada, along with virtually every major aerospace sector stakeholder in Canada, lists the air travellers security charge, the rapid growth in airport improvement fees, taxes on aviation fuel, the need for more streamlined customs processes, and the high airport rent collected by the federal government as major impediments to sustained growth of the aviation sector in Canada, especially relative to American competitors.

If the government wanted to take measures that would stimulate the entire Canadian aerospace sector, including Air Canada, it could have chosen to tackle any of the issues above. I would also note that all of these measures have near universal support in the aviation sector and would not lead to a loss of jobs in Canada, but so far, the minister has been silent on all of these.

The Conservative Party believes that Air Canada should become a private sector company that is not supported by taxpayers while ensuring that Canadians have access to reliable air travel. That was the original intent of the Air Canada Public Participation Act when it was introduced in 1988. The act put in place clear conditions to ensure that all of the support Air Canada had received from government to turn it into a profitable crown corporation would not be lost. These conditions will become well known over the course of this debate, but I will take the time and the opportunity to list them here. Air Canada is subject to the Official Languages Act. It maintains its corporate headquarters in Montreal. Seventy-five per cent of its voting shares have to be held by Canadians. Finally and most important for the purpose of this debate, Air Canada has to “maintain operational and overhaul centres in the City of Winnipeg, the Montreal Urban Community, and the City of Mississauga”.

Today, Air Canada is the largest airline in this country and an important international player in the sector because of support from taxpayers over the years.

Upon being privatized in 1988, Air Canada inherited a fleet of 109 aircraft.

All of Canada's major airports where Air Canada first flew to were built with the financial support of the Government of Canada and taxpayers. Today, Air Canada is the largest tenant in nearly every major airport in Canada, with the exception of Calgary and Billy Bishop Toronto City Airport. This gives Air Canada significant influence over each airport's operations and access to the best landing slots in a slot-controlled airport like Pearson. Air Canada also has intangible assets, like landing slots at some of the most slot-controlled airports in the world, such as London Heathrow, Washington Reagan, and New York La Guardia. Earlier this year, Air France sold a pair of its landing slots at London Heathrow for $75 million. For perspective, Air Canada owns 150 weekly slots at that airport.

Air Canada was also the beneficiary of back-to-work legislation in 2012, which was enacted because of Air Canada's importance to this county's economy. I would note that the Liberal Party and the former member for Westmount—Ville-Marie voted against this legislation.

The Conservative Party supports the concept of making Air Canada more competitive relative to other carriers. But as I noted earlier in my remarks, the minister has failed to demonstrate that this will be achieved while ignoring measures that the government could undertake that would achieve this without leading to job losses in Canada.

We know that Air Canada supports these measures because it said so in its comprehensive submission to the Canada Transportation Act review. Therefore, the question remains: Why would the minister undertake to amend this legislation and not take the opportunity to address any of the other measures that Air Canada identified in its submission? Neither this bill nor the Minister of Transport addresses any of these. This is, to me, Bill C-10's greatest failing and why the Conservative Party cannot support this legislation.

To conclude, while it is not clear what level of benefit this legislative change will give Air Canada, we do know that this change will make it possible for the carrier to move thousands of jobs from Canada to other jurisdictions. We also know that the government is missing an opportunity to allow Air Canada to better compete against U.S. and international carriers.

I hope all members will keep this in mind as we continue to debate Bill C-10.

Air Canada Public Participation ActGovernment Orders

April 15th, 2016 / 10:05 a.m.


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London West Ontario

Liberal

Kate Young LiberalParliamentary Secretary to the Minister of Transport

Mr. Speaker, I am pleased to rise today to commence debate at second reading of Bill C-10, amendments to the Air Canada Public Participation Act. These amendments seek to modernize legislation to allow Air Canada to more effectively respond to the evolution of market conditions while continuing to support jobs for skilled workers in Canada's aerospace sector. This bill would amend the provisions of the Air Canada Public Participation Act dealing with Air Canada's operational and overhaul centres.

Let me first say that this bill is being submitted for consideration to the House in the context of an historic investment by Air Canada in Canada's aerospace sector. As members are aware, Air Canada has announced its intention to purchase up to 75 Bombardier C Series aircraft and to ensure that these planes will be maintained in Canada for at least 20 years.

Air Canada has also said it plans to support the creation of centres of excellence for aircraft maintenance in Quebec and Manitoba, and the company says it will continue to carry out significant work in other parts of Canada. In other words, this bill comes before this place at an important time for Canada's aerospace sector. Not only is Bombardier producing an aircraft that is a game changer for aviation in terms of its efficiency, environmental performance, and noise, but Air Canada is adding this plane to its fleet, creating significant opportunities for high-value employment.

Quebec has estimated that the creation of the centre of excellence in Montreal alone could produce 1,000 jobs over 15 years, while the manufacturing of Air Canada's C Series aircraft could create an additional 300 jobs. Air Canada also intends to support the creation of 150 jobs in Manitoba, with a possibility to expand beyond that. These are precisely the results that we should be pursuing. They are market-driven investments aimed at improving Air Canada's bottom line and ability to serve Canadians, by investing in world-class technology right here in Canada.

As members are aware, the Attorney General of Quebec took legal action against Air Canada following the closure of Aveos Fleet Performance in 2012, accusing the carrier of non-compliance with these provisions of the Air Canada Public Participation Act. In light of Air Canada's investments in aerospace in Canada, including aircraft maintenance, Quebec has since announced its willingness to discontinue its pursuit of that litigation.

This creates an appropriate context for us to modernize the Air Canada Public Participation Act. This legislation is now close to 30 years old. It was created to enable the privatization of Air Canada, which occurred in 1989. Specifically, I am referring to paragraph 6(1)(d), which calls for Air Canada to have in its articles of continuance:

provisions requiring the Corporation to maintain operational and overhaul centres in the City of Winnipeg, the Montreal Urban Community and the City of Mississauga;

Let me begin by providing to the House some of the history of this legislation. The Air Canada Public Participation Act was brought in at a time when countries around the world were moving away from a high degree of regulation and public ownership in certain sectors, notably air transport. Canada was no exception. To support economic growth, deliver new services to Canadians, and significantly reduce the burden on the taxpayers, the government took several actions. We deregulated the air transport sector. We commercialized our major airports. Also, by way of the Air Canada Public Participation Act, we transformed Air Canada from a crown corporation into a viable and competitive private company.

The air transport sector has greatly evolved since 1989. Now it is common for global air carriers to outsource aircraft maintenance and to distribute their supply chain across different geographic areas, with a view to being more efficient. This is the competitive environment within which Air Canada operates. Other air carriers, Canadian and international, are not subject to the same obligations regarding their maintenance facilities. That means that they can seek out efficiencies in ways that Air Canada cannot.

Ultimately, the result of this is that Air Canada could be less competitive. Furthermore, if Air Canada's ability to reduce costs is limited by the act, that could make air travel more expensive for Canadians. In other words, the Air Canada Public Participation Act could place limits on the company's ability to be competitive and cost effective, with implications for the travelling public and the Canadian economy. This does not support an approach to air transport that focuses on competition and market forces as the best means to deliver value to users. Air Canada, like any company, needs flexibility to evolve within its competitive environment to remain viable.

Of course, we were all concerned when Aveos closed it doors in 2012, resulting in layoffs across the country. Some divisions of Aveos were purchased as part of the bankruptcy process and kept in operation, but others were not. The closure of Aveos meant that Air Canada ceased to carry out certain work in Canada. The minister objected to this, as did many of our colleagues. That is why we are so pleased to see that Air Canada is now investing in Canada's aerospace and aircraft maintenance sector, and in doing so creating concrete employment opportunities for Canadians in this sector. That is precisely the type of outcome we wanted to see.

The Air Canada investment in the C Series and support for the creation of the centres of excellence in Quebec and Manitoba offer specific opportunities for highly skilled aerospace workers, both during the manufacturing phase, and later, for maintenance. Our intention in introducing this legislation is to strike the right balance.

First, we want Air Canada to have flexibility to organize its activities, to match how the air transport sector has evolved and will continue to evolve. At the same time, we want to ensure that the act continues to require Air Canada to carry out aircraft maintenance in certain Canadian regions. This proposed legislation maintains that commitment.

The act currently refers to the city of Winnipeg, the city of Mississauga, and the Montreal urban community. I note that the Montreal urban community, which no longer exists as a jurisdiction, did not include all of greater Montreal. For example, it did not include Mirabel. Also, Air Canada's activities extend throughout the greater Toronto area, not just Mississauga.

Given this, we have chosen to expand the reference in the legislation to cover the provinces of Manitoba, Ontario, and Quebec, which allows for Air Canada's maintenance work to extend to areas around the named cities, as opposed to remaining strictly within the city limits. Furthermore, Bill C-10 would clarify that paragraph 6(1)(d) of the Air Canada Public Participation Act requires Air Canada to commit to carry out or cause to be carried out aircraft maintenance, including with regard to airframes, engines, components, equipment, or parts, in Manitoba, Ontario, and Quebec.

However, this does not mean to specify particular types or volumes of such maintenance in each location, or particular levels of employment. In this way, it will be clear that we are not tying the hands of a private company to manage its operations into the future. Air Canada will be able to adjust its activities to respond to the evolution of the air transportation sector in the same way that any other company does.

I would like to remind the House of the nature of air transport and how it has evolved. This is a truly global business, characterized by large international corporations providing services over vast networks, using extremely expensive equipment. It is also highly susceptible to external shocks and is cyclical in nature. Air transport provides essential connectivity, both within this vast country and to the outside world. It is also a major source of employment. Air Canada alone employs close to 25,000 people.

Air transportation has evolved considerably since the 1980s. We have seen important new aircraft technologies, huge global growth in traffic, new business models, and new air carriers. It has also weathered major shocks, such as pandemics, economic crises, and the terrorist attacks of 9/11. We can only imagine how the sector will evolve in the future.

Federal policy regarding Canada's air transport sector places a premium on competition and market forces. We do not subsidize the sector. Rather, we support the user-pay principle with regard to infrastructure and service. This is not the case in all countries.

Since its privatization, Air Canada has existed as a private enterprise without state support, despite weathering some difficult periods. While the federal government participated in bridge financing, along with private partners, to help Air Canada through the credit crunch resulting from the 2009 global financial crisis, this was done on commercial terms. Any loans were paid back in full with interest.

Where both air transport and aerospace are concerned, it is essential that Canada be competitive, but we cannot rest on our laurels as the world of aviation is changing quickly.

I am particularly pleased that our aviation and aerospace sectors have come together, with the recent announcement by Air Canada regarding its purchase of the Bombardier C Series. This will allow Air Canada to operate aircraft that set new standards in aviation by cutting fuel consumption, reducing GHG emissions, and minimizing noise.

These aircraft will be designed, assembled, and maintained in Canada, creating opportunities for well-paid employment. It is hard to imagine a better outcome. This is the sort of result we hoped to see when we raised concerns around the closure of Aveos.

I am also very pleased that Quebec and Air Canada are nearing an end to the litigation based on the Air Canada Public Participation Act.

I commend Air Canada for supporting the creation of centres of excellence that will provide employment for highly skilled aerospace workers in Manitoba and Quebec.

In this context, it is now time to modernize the Air Canada Public Participation Act to clarify its intent. Yes, we want the legislation to be clear that Air Canada will undertake aircraft maintenance in Manitoba, Ontario, and Quebec. However, as it is a company that needs to compete in an evolving global marketplace, we need to give Air Canada the flexibility to meet these requirements in a way that also supports its competitiveness.

I believe that Bill C-10 achieves that balance. I hope honourable members will join me in supporting this bill and will quickly refer it to the Standing Committee on Transport, Infrastructure and Communities, where we can hear from stakeholders.

Air Canada Public Participation ActGovernment Orders

April 15th, 2016 / 10:05 a.m.


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Liberal

Amarjeet Sohi Liberal Edmonton Mill Woods, AB

moved that Bill C-10, An Act to amend the Air Canada Public Participation Act and to provide for certain other measures, be read the second time and referred to a committee.

Business of the HouseOral Questions

April 14th, 2016 / 3:05 p.m.


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Beauséjour New Brunswick

Liberal

Dominic LeBlanc LiberalLeader of the Government in the House of Commons

Mr. Speaker, I have good news. I have no documents to table, and thus there is no need to worry.

This afternoon will conclude the fourth and final day of the budget debate.

Tomorrow we will commence second reading of Bill C-10, the Air Canada legislation, and continue that debate on Monday.

Next week, we will have opposition days on Tuesday and Thursday. On Wednesday, we will begin debate on Bill C-14 on medical assistance in dying, introduced this morning by my colleague, the Minister of Justice.

Mr. Speaker, after discussions with all parties I think you will find unanimous consent for the following motion:

That, pursuant to Section 20 of the Freezing Assets of Corrupt Foreign Officials Act, the Standing Committee on Foreign Affairs and International Development be designated for the statutory review of the Freezing Assets of Corrupt Foreign Officials Act and the Special Economic Measures Act.

Air CanadaOral Questions

April 14th, 2016 / 2:50 p.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, after years of pretending to be champions for Air Canada workers, the Liberals tabled legislation that gives Air Canada free rein to ship the good-paying jobs of 2,600 workers and their families right out of Canada.

The Prime Minister once stood alongside protesting maintenance workers. He was chatting about solidarity and probably throwing in the odd Kumbaya for good measure, but where is that solidarity when it could actually do something for workers?

Will the Prime Minister stand up, apologize for his cynicism, and withdraw Bill C-10?