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

May 16th, 2016 / 3:25 p.m.


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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, the Liberal member for Manitoba should be ashamed of his comments and his position.

Under the bill that the Liberals had the nerve to introduce, the only guaranteed work will be one part-time job in Montreal, another in Winnipeg, and yet another in Mississauga. That is all it takes to comply with the act.

When it comes to letting workers down, the Liberals do not need lessons from anyone. On the contrary, they could give lessons in that regard. That is exactly what they are doing with Bill C-10. That is exactly what they are doing with the employment insurance fund. They pilfered $55 billion belonging to unemployed workers from that fund and they are continuing to help themselves now that they are back in office. That was very clear in their last budget. What is more, no pilot projects were extended for workers and unemployed workers in Quebec.

We will take no lessons from the government.

Air Canada Public Participation ActGovernment Orders

May 16th, 2016 / 3:15 p.m.


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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I am pleased to carry on with this important debate. This morning, we tried to neutralize the destructive aspect of Bill C-10 and put it on ice in order to continue to guarantee good jobs for the people back home.

However, since we must resume this debate, I will hammer away at some critical points. Today, I talked about the legal aspect of these actions and how the Aveos workers assigned to an Air Canada subsidiary had every right to keep doing what they excel at.

These very skilled people in the Montreal metropolitan area, Winnipeg, and Mississauga did an excellent job maintaining large aircraft such as Boeings and Airbuses. That allowed them to support their families and contribute to the economic development of the cities named in the 1988 Air Canada Public Participation Act.

Naturally, these workers, whose right to be protected by federal law was violated, took action and decided to sue. When they won in the Superior Court, Air Canada appealed, and the workers won in the Court of Appeal as well. Now, Air Canada wants to push these employees all the way to the Supreme Court, where they are likely to win again, which would force Air Canada to recognize the law and its obligations and to keep its heavy maintenance operations in the cities set out in the act.

Now, the Liberal government is reneging on its own promises and is retroactively legalizing an activity or decision that had been deemed illegal by two courts of law.

I have to wonder, and this is an essential question under the rule of law. Since when can a government retroactively make something legal? This is quite worrisome. Where will it end? Is this how a country makes laws? Is this how we show people how to respect legislators' decisions? I do not think so. This sets quite a dangerous precedent. I do not want it to become the norm to change the rules of the game, not just during the game, but after the game is done. The NDP is very worried about this.

The 40 Liberal members from Quebec, those from Manitoba, and those from Mississauga should stand up to protect jobs in Quebec, Winnipeg, and Mississauga. Aside from one MP from Manitoba who stood up a few weeks ago to vote against Bill C-10 at second reading, not a single other Liberal member had the courage to stand up for the Air Canada employees who have been left high and dry by this government.

Earlier today, that same Liberal MP from Manitoba changed his version of the facts and refused to let Bill C-10 die at report stage as the opposition members proposed this morning.

The Liberal MP from Manitoba is trying to pull the wool over our eyes when he says that it is a matter not of conscience but of procedure. He said that he might oppose the bill at third reading even though his vote today ended up extending the debate when we could have just pitched this bill in the trash and saved 2,600 jobs across the country, including hundreds in the Winnipeg area.

I invite all of my Liberal colleagues from Manitoba and Quebec to step up and honour their own word as well as what the Liberal Party leader said in 2012 here on Parliament Hill in defence of the good jobs held by Aveos workers. What happened to those good intentions? Why give Air Canada this gift? Why are they abandoning our economic development in such a high-tech sector? Canada has very few sectors that are thriving quite as much as aerospace and aeronautics. The Liberal government just dealt the industry a very harsh blow. Governments everywhere else in the world support this sector.

They talk vaguely about Air Canada's future investments in future centres of excellence, which may come with future jobs to maintain future planes that have not yet been purchased so are not yet operational and therefore not in need of maintenance. None of this guarantees a thing. It is all hot air. At best, it is a house of cards.

The Liberals are trying to cling to Air Canada's slim promise that it will establish a centre of excellence in Trois-Rivières. However, they know full well that the runway at the regional airport is not even long enough to accommodate the jumbo jets that provided most of the work for Aveos employees in Montreal. We already know that this is not a viable option, that it is a flight of fancy, pun intended.

The Liberal Party fought tooth and nail for the good jobs in Quebec. However, now the Liberals have changed their tune and are passing a bill that will waive any requirement for Air Canada to have its aircraft maintained and repaired here in Canada. We do not understand. Does the Liberal Party think that legalizing the massive export of our good jobs is a job creation plan?

The New Democrats think that people deserve better. In our opinion, Canadians deserve a government that keeps its promises and stays true to its word.

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 third time and passed.

Air Canada Public Participation ActGovernment Orders

May 16th, 2016 / 1:45 p.m.


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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, no, it is not Les cornichons. I apologize to my colleague. I am talking about L'opportuniste. I will not sing today, although I have in the past. Nevertheless, here is what Mr. Dutronc said in this song:

There are those who do contest
Who make demands and who protest
There's just one thing I always do:
I change my tune, I change my tune
Always singing the right song
I don't fear those who take advantage
Or people who are causing damage
I trust in voters, as I should
It's how I make my livelihood
There are those who do contest
Who make demands and who protest
There's just one thing I always do:
I change my tune, I change my tune
Always singing the right song
...
I've changed my tune so many times
No longer are there any rhymes
With the next big thing that comes along
I'll be singing a brand new song

That song describes the Liberal Party's stance from 2012 to 2016 to a T. The Liberals said they stood strong with working men and women. Right here on Parliament Hill, the current Prime Minister, who was then the leader of the Liberal Party, said that we had to keep these good jobs here at home. He had the nerve to chant “so, so, so, solidarity”. Today, barely four years later, they would have us believe the situation has changed completely and all of that is in the past, as though 2012 were a very long time ago.

The Liberals say they sympathize with the 2,600 families that have lost their jobs because of the Aveos debacle and Air Canada's illegal actions. They are crying big old crocodile tears. In 2012, they said they supported those people, but they show no remorse about ditching them now that they are in government. Oddly, we have seen that kind of attitude from the Liberals before.

I hope that those 2,600 families will remember the Liberal government's attitude and how it broke its promises and did the opposite of what the Liberals asked the government to do when they were in opposition. They wanted to keep good jobs here. Now, they are saying it is okay to export huge numbers of jobs abroad to places like Israel, the United States, and Honduras. They could not care less whether our own people work or not.

The Liberals were perfectly happy to chant “solidarity” when they were in opposition, but now that they are in government, they are not walking the talk. They do not have the courage of their convictions, and the current Prime Minister is the biggest hypocrite of all in this abysmal production.

We cannot trust the Liberal Party when it comes to Air Canada workers. In 2012, it told the then Conservative government that it absolutely had to enforce the law to protect these good, well-paying jobs in the aerospace sector across the country. It said that we must stand up for the people in Montreal, Mississauga, and Winnipeg. That attitude has gone out the window.

Not only is the Liberal Party not enforcing the law, but it is changing it in order to suddenly make it legal to export these good jobs. Workers who have been fighting to keep their good jobs for the past four years have been brought to their knees.

I think this is pathetic coming from a government that promised real change if elected to power. To the Liberals, change does not mean enforcing a law to keep good jobs here in Canada, but rather changing the law to legalize job losses.

This about-face is not just about changing their tune. It is also about language. I noted that earlier today in the speech by the Minister of Families. He promised a better future and a rosy outlook for people in the aerospace industry when in fact the Liberals are authorizing the loss of 2,600 jobs.

The interesting thing about the Liberal minister's comments was the use of certain words. Earlier, in a question, I referred to his use of Orwellian language, language used by the author George Orwell, who wrote Animal Farm, 1984, and Homage to the Catalonia, among other works.

Since taking office, the Liberals have not just changed their tune; they have also changed their language. Before, they wanted to stand up for high-quality jobs in Canada. Now, they are making vague promises about the future and telling us that everything is going to work out. Earlier, the Minister of Families, Children and Social Development used the word “concrete”. That is just great because, in my experience, every time the government is trying to be vague or evasive about something, it uses the word “concrete” more and more. The Liberals are trying to hide the fact that, in reality, there is no concrete possibility of jobs. The jobs they are talking about do not exist. The government is killing 2,600 jobs with Bill C-10, but it has not made any promises or given any guarantees that Air Canada will create any aircraft maintenance jobs in Canada. It is rather fascinating. The government is talking about how Air Canada may one day establish centres of excellence to take care of the C Series planes that the company plans to buy because they may need to be maintained. We will see who is in office then. It certainly sounds good, but for now it is all talk. The government is using words like “concrete” when it has absolutely nothing to put on the table.

Bill C-10 will gut all the provisions of the Air Canada Public Participation Act that keep jobs in Canada. There is no mention of a minimum number of jobs, volume of activity, or the percentage of the Air Canada fleet that must be maintained in Canada. Ultimately, what the Liberal's Bill C-10 means is that there could be one part-time job in Manitoba, another in Ontario, and another in Quebec, and that everything would be fine because the law will not have been violated. We were previously talking about 2,600 good jobs; that is obviously being scrapped.

I wonder if that is the Liberal Party's job creation plan. Are they authorizing the massive export of our jobs to other countries? All we have heard from the government is that we have to help Air Canada be competitive. What can that really mean? Does it mean that we are going to export all jobs abroad because people elsewhere just happen to be paid miserly wages and that our families will no longer be able to put food on the table? Does it mean that to be competitive we will help companies that make winter coats and boots send their operations to Sri Lanka or Bangladesh because the people there work for one dollar an hour? Is that what will be done routinely? Are we going to let all our companies manufacture and maintain things abroad and not have any good jobs left in Canada? Is that the Liberals' job creation plan?

I am extremely concerned about this because the Liberals keep going on and on about how we have to look forward and be competitive and support Air Canada. The minister said that the government met with people from the industry. Yes, they met with people from Air Canada. Did they meet with any workers? No, they did not. Did they meet with any of the machinists' union representatives? No, they did not meet with them, not once.

The Minister of Transport was patting himself on the back for meeting with Air Canada representatives 12 times, but he did not have a single meeting with any Aveos workers. Is this the kind of balance and new governance we can expect from the Liberal Party? It is extremely disappointing and extremely shocking.

We have seen no evidence over the past few weeks that Air Canada needed to be rescued so badly by the Liberal Party, so that the company could then send jobs out of Canada. Air Canada needs help. The Liberals would have us believe that as an absolute truism. Air Canada made a net profit of $531 million in 2014. Its operating profit that year was $815 million. Air Canada was also profitable in 2013 and 2012. Why the urgency? What is the justification for this? Why break a promise and not keep those good jobs here?

The other thing the current Liberal government keeps saying that does not make sense is that it has a deal with Air Canada that will allow for the manufacture of Bombardier C Series aircraft because Air Canada may or may not buy 30 or 45 of them. That is not clear either. That is what we call mixing apples and oranges. That is what we call pitting one economic sector against another, in other words abandoning aircraft maintenance in favour of the aircraft manufacturing sector. The two can go together, and that is how it should be. Canada's aerospace sector is one of our economic and industrial jewels. We must keep it intact. We had the opportunity to do so.

We had a law that allowed us to do so. Let me be clear: I am thrilled that Air Canada is purchasing Bombardier C Series aircraft. No one here could be happier than I am because I know how much that will benefit the metropolitan area, Quebec's economy, and Canada's economy.

However, Air Canada is not buying the C Series out of charity or to please the federal or provincial government. The C Series are damned good aircraft, and Air Canada needs them for the future. Let us not give in to blackmail that pits one economic sector against another. Air Canada can very well buy the Bombardier C Series aircraft and still keep the jobs we have had here since 1988. Part of the initial agreement on privatizing Air Canada was to keep these good jobs here at home. That is something the Liberals forgot sometime between 2012 and 2016, unfortunately.

The workers at Aveos, the Air Canada affiliate, had the law on their side. The Quebec Superior Court ruled in their favour. The Court of Appeal ruled in their favour on November 3, 2015. The judge, Marie-France Bich, noted that Air Canada was clearly breaking the law by closing the maintenance centres in the municipalities concerned.

The company broke the law. That could not be any clearer. Air Canada appealed the ruling to the Supreme Court. What takes the cake is that while these workers would in all likelihood win their case to keep their jobs in Canada, we have a Liberal government that is trying to pull the rug out from under them, imposing closure, and trying to ram Bill C-10 through without giving workers the chance to continue litigating the case they won because they were right.

Air Canada Public Participation ActGovernment Orders

May 16th, 2016 / 1:45 p.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, I really appreciated the work that my colleague did in committee on Bill C-10.

We heard several times from union and management representatives. We also heard at length from the minister, who tried repeatedly to explain why it was urgent that the bill be passed.

I would like to hear what my colleague has to say about that. Did the minister manage to convince members of the House of Commons of the urgency of passing Bill C-10?

Air Canada Public Participation ActGovernment Orders

May 16th, 2016 / 1:40 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, when we contemplate the change that has been put forward by the government in Bill C-10, we need to take a step back and look at the benefits Air Canada has received as a legacy carrier over the last number of decades.

We need to look at what Bill C-10 would do and then contemplate a number of measures the Liberal government could have contemplated when it looked at amending the Air Canada Public Participation Act. The government chose to keep it so narrow. Therefore, I would put the question back for the parliamentary secretary and the minister. If the government is determined for Air Canada to become more competitive in a progressive aerospace industry, why would it not have entertained the other 60-some recommendations Air Canada made in the Emerson report? Why did it not look at other measures to ensure Air Canada would be more competitive without costing jobs in Canada?

Air Canada Public Participation ActGovernment Orders

May 16th, 2016 / 1:35 p.m.


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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I would like to thank my colleague for her speech.

I can understand the fact that the Conservative Party is focusing on the time frames, the government's haste, the opportunity for the provinces to continue negotiations, and the Supreme Court appeal that must be heard. However, beyond these technical considerations, which have real consequences, there is also the the root problem: Bill C-10 eliminates all the guarantees that were in place to keep jobs in Canada, whether in Winnipeg, Montreal, or Mississauga.

When I moved an amendment at the Standing Committee on Transport, Infrastructure and Communities that would delete this part of Bill C-10 and keep the job guarantees, the Conservative Party voted against the NDP amendment. I would like the member to explain why.

Air Canada Public Participation ActGovernment Orders

May 16th, 2016 / 1:35 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I do not agree at all with the premise of that question, certainly when the member talks about carving out a bright future for the aerospace industry through Bill C-10.

Bill C-10 does absolutely none of that. It does not stipulate any of the measures that the members across the way continue to talk about when they raise Bombardier and the centres of excellence. None of that is referenced in this bill. We will continue to assert that the federal government could have gone much further if it truly wanted to ensure that all of the aerospace in Canada was more competitive by contemplating other measures that would support all carriers and that would not affect jobs.

Air Canada Public Participation ActGovernment Orders

May 16th, 2016 / 1:15 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, while I welcome this opportunity to speak once again to Bill C-10, an act to amend the Air Canada Public Participation Act and to provide for certain other measures, I am disappointed that the bill has come back from committee without amendment, after Liberal members voted unanimously against an amendment that would have respected the requests made by both the Government of Quebec and the Government of Manitoba to delay the bill's coming into force. However, I will speak to this specifically later on in my remarks.

Upon its privatization in 1989, Air Canada was subject to four conditions: the carrier would be subject to the Official Languages Act; the carrier's headquarters would be in Montreal; 75% of the company's voting shares had to be held by Canadians; and overhaul maintenance was to be done in Montreal, Winnipeg, and Mississauga. The last condition of the act regarding aircraft maintenance is the subject of the legislation that we are debating here today.

I do not think this point has been made clear enough, so I will repeat it again. The Government of Quebec, with the Government of Manitoba as an intervenor, brought Air Canada to court to challenge the carrier's assertion that it was fulfilling its obligations under the Air Canada Public Participation Act, after Aveos Fleet Performance, its primary maintenance provider, went bankrupt and Air Canada was forced to get its overhaul maintenance work done outside its traditional maintenance centres in Montreal, Winnipeg, and Mississauga.

The Superior Court of Quebec ruled on February 4, 2013, that Air Canada had not fulfilled its obligations under the act. The Court of Appeal of Quebec ruled on November 3, 2015, that Air Canada had not fulfilled its obligations under the act, and again, just two months later, on January 5, Air Canada asked the Supreme Court, Canada's top court, to overturn the Quebec court of appeal's decision.

Bill C-10 would, for all intents and purposes, remove Air Canada's obligation to do its overhaul maintenance in these three specific geographic locations that were named in the original act. According to the Minister of Transport, the legislation was introduced, “As a result of the decision by the Quebec government and Manitoba government not to litigate any further against Air Canada, we felt this was an appropriate time to clarify the law and modernize it so that Air Canada can compete with the rest of the world.”

The minister also noted that the legislation would help additional litigation against Air Canada in the future. This statement is fraught with problems. First, it goes without saying that if we change the law that governs Air Canada's privatization, it will become more difficult for anyone to challenge Air Canada in court on whether the carrier is respecting the law as the maintenance provisions will be deemed never to have come into force.

Second, the governments of Quebec and Manitoba do not need to litigate further against Air Canada, because they have already won in court twice. It was Air Canada that opted to continue litigation all the way to the Supreme Court.

The minister's statements lead me to believe that he does not have his facts straight. We have heard the Minister of Transport, and every single member of the Liberal Party in their defence of the legislation, talk about job creation in Manitoba and Quebec, and Bombardier and centres of excellence in aircraft maintenance. However, I do not understand the link these topics have with Bill C-10.

Bill C-10 would replace the paragraph of the original act that described Air Canada's obligations on aircraft maintenance with the following:

(4) For the purpose of carrying out or causing to be carried out the aircraft maintenance activities referred to in paragraph (1)(d) in Ontario, Quebec and Manitoba, the Corporation may, 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.

The floor on the number of jobs in each province is one. Although it does not specify the nature of the work that has to be done, line maintenance would probably apply. However, neither the minister nor his officials were able to provide the committee with the minimum number of maintenance jobs Air Canada will have to keep in the country. His officials stated that they could not speculate on how Air Canada would operationalize the centres of excellence, or the 150 jobs in Winnipeg, yet that seems to be all that the Liberal members can talk about.

We are here discussing the Air Canada Public Participation Act, not Bombardier, not the C Series, not the centres of excellence. I hope that members will keep that in mind and try to keep their comments on the Air Canada Public Participation Act for the rest of this debate.

If members would like to discuss agreements between Air Canada and Quebec, and Air Canada and Manitoba, for the creation of centres of excellence, I would expect that they could table these agreements because, despite my best efforts in requesting them, I have not seen any.

Coming back to the sequence of events that have brought us here today, Air Canada likes the C Series airplane. That has been made clear. It made that clear during its appearance last week. However, as recently as January 5, Air Canada's plan was to appeal the Quebec court of appeal's decision to the Supreme Court. Something changed and Air Canada decided that it was better off settling these lawsuits than pursuing this matter in front of the Supreme Court.

Whether the federal government was somehow involved in this change of heart is unknown, beyond a statement made by Air Canada's representative that it is acting under the assumption that the section of the Air Canada Public Participation Act that we are discussing right now will be repealed, and if it is not repealed, then Air Canada would consider its next steps concerning the creation of centres of excellence and aircraft maintenance.

On February 17, 2016, Air Canada announced that it had signed a letter of intent to purchase the Bombardier C Series aircraft and maintain these in Quebec and that it would undertake the overhaul maintenance of those aircraft in the province. On the same day, the Minister of Transport announced that he would lessen Air Canada's obligations under the act.

Just imagine the coincidence. On the same day that Air Canada throws a lifeline to Bombardier by signing a letter of intent to purchase C Series aircraft, the Minister of Transport announces his intention to introduce legislation that would directly benefit the carrier by allowing it to get its overhaul maintenance done, legally, outside of Canada. The minister did not even wait a day to make this announcement. It leads me to wonder if the minister would have removed Air Canada's official language obligations if the carrier had made a firm order for 75 C Series aircraft, rather than a letter of intent for 45, as is what has happened.

I would also note that in its latest earnings report, Bombardier announced that it would record an onerous contract provision of approximately $500 million as a special item in the second quarter of 2016 because it is believed to have sold the C Series aircraft to Air Canada and Delta at a loss of $4 million to $5 million per aircraft.

However, I digress.

The Minister of Transport has attempted to justify the legislation by stating, repeatedly, that the governments of Quebec and Manitoba have dropped their lawsuits against Air Canada.

This is simply not true. On two occasions, the governments of Quebec and Manitoba won in court against Air Canada. That is what gave them the power to bring Air Canada to the table to negotiate an acceptable settlement. In the case of Quebec, the reasonable settlement appears to be the purchase of the C Series aircraft and the commitment to undertake that C Series maintenance in Quebec and create a centre of excellence in the province. In the case of Manitoba, the reasonable settlement appears to be the transferring of approximately 150 jobs from around Canada to the provincial capital.

We should be under no illusion that these negotiations are concluded. Air Canada has not even converted its letter of intent for the C Series into a firm order yet. There are no centres of excellence in either Quebec or Manitoba.

On February 10, Air Canada and the Government of Quebec informed the Supreme Court of Canada that an agreement was reached to report the decision on the application for leave to appeal until July 15, 2016. That means that the parties have until July 15 to negotiate a settlement.

If Air Canada is unwilling or unable to fulfill the terms of their agreements concerning the centres of excellence to the satisfaction of the Government of Quebec and the Government of Manitoba, it can be presumed that Air Canada will continue to challenge the Quebec court of appeal's decision in front of the Supreme Court.

It is critical for members to understand that if this law is changed today, then there will be no incentive for Air Canada to remain at the table and negotiate with the governments of Quebec and Manitoba. Both the minister of the economy of Quebec and the deputy premier of Manitoba, who is also her province's attorney general, understand this basic fact. That is why both have asked the federal government to wait until their negotiations with Air Canada are complete before passing the legislation.

Here is the relevant part of a brief from Quebec's Liberal minister of the economy:

...in order to provide for all the aspects of the agreements reached, the Government of Quebec is asking that, once Bill C-10 receives royal assent, the legislation come into force after the final agreements described above have been concluded.

As it is presently drafted, Bill C-10 would come into force immediately upon receiving royal assent.

The deputy premier of Manitoba was equally clear in her appearance in front of the committee. She said:

The federal government's approach to Bill C-10 simply put is jumping the gun. Bill C-10 is being rushed through the process before the necessary specific investments and binding commitments by the federal government and Air Canada have been secured.

There we have it. Two provincial governments have asked the federal government to respect their process and not immediately pass the bill in its current form. However, these reasonable requests have fallen on deaf ears.

This is not the first time the Liberal government has railroaded processes undertaken by local governments that they do not agree with. We all remember that the Minister of Transport's first act was tweeting that he would unilaterally impose his will on Toronto city council by ending any discussion on the future of the Billy Bishop airport. However, once again, I digress.

I presented an amendment in committee last week, the effect of which would ensure that the bill would not come into force until at least August 1, 2016, or two weeks after Air Canada and the attorney general of Quebec inform the Supreme Court on whether they seek to continue litigation or have settled outside of court. The member for Central Nova was the only Liberal who at least attempted to justify why he was voting against such a minor amendment that would have simply fulfilled the requests made by two provincial governments to give them more time to negotiate with Air Canada. My amendment would not have changed the bill, just when it would come into force.

His justification was as follows, “I believe the legislation is sound. If it will be a good idea in August then I believe it's a good idea today”. I like the member for Central Nova. However, as a lawyer, surely he knows that litigation and settlement negotiations take time, while the pace at which the current government is pushing the legislation through can only be described as lightning speed.

Hearings in the Superior Court of Quebec on this matter began on November 19, 2012, over three and a half years ago. The first time parliamentarians heard that the minister planned to amend this act was February 17, 2016, not even three months ago. If it is the member for Central Nova's contention that Parliament's stepping in and effectively siding with Air Canada in this dispute with the legislation, after Quebec and Manitoba were in court fighting for this act to be enforced for three years, is sound public policy, then I guess we know to what the lengths the Liberal Party will go to help out its friends.

Moving on, during the second reading debate on the legislation, my friend from Winnipeg North, who is a frequent commenter in this chamber, asked the member for Beloeil—Chambly if he would “at the very least acknowledge that provinces do matter and that their discussions and their beliefs should be taken into consideration”.

As I have noted earlier in my remarks, the deputy premier of Manitoba explicitly asked for the legislation to be delayed. That is the will of the government from the member for Winnipeg North's home province. I hope that he will consider Deputy Premier Stefanson's comments when he votes on Bill C-10 or makes his next intervention.

Everybody here wants Air Canada to be a viable company that offers safe, reliable and affordable air service to Canadians, while competing against international giants. If the purpose of the legislation is indeed to make Air Canada more competitive, the government has failed to make this case on how it would do so.

In response to a lob from his own member on how Air Canada's maintenance obligations affected its competitiveness, the minister responded, “It is a big, serious question and I do not have the answer”. If it is the government's priority to make Air Canada more competitive with the expectation that Air Canada will be offer lower fares to consumers, there are a number of better options available to it to reach this objective.

For example, the government could tie all airport improvement fees to specific projects with explicit sunset provisions, which would save many travellers more than 20% on their ticket. It could increase the foreign ownership limit of Air Canada, and all Canadian-based air carriers for that matter, to 49%, which would give the carrier access to cheaper capital to finance improvement.

The government could replace the current one-size-fits-all passenger screening approach which treats all passengers equally with an intelligence-driven risk-based passenger screening process. The airport security charge in Canada is $7.12 for domestic travel, so this adds up for frequent travellers.

All of these measures would stimulate Air Canada while maintaining jobs in Canada and would not cost the taxpayer anything. If anything is clear it is that the government has missed an opportunity to truly allow Air Canada to compete against U.S. and international carriers by only bringing forward such a narrow proposal to Parliament.

In conclusion, I remain extremely disappointed that the government is once again imposing its will on local governments that do not share its views, in this case Quebec and Manitoba, by forcing this legislation through Parliament before Air Canada has even converted its C Series letter of intent into a firm order.

If the federal government is actually committed to improving the competitiveness of Air Canada and the entire aerospace sector, it has come up short with this legislation.

Air Canada Public Participation ActGovernment Orders

May 16th, 2016 / 12:50 p.m.


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Québec Québec

Liberal

Jean-Yves Duclos LiberalMinister of Families

Mr. Speaker, this is a somewhat unique situation. I know enough about this bill to know that it is important and it must be supported.

I rise here today to participate in third reading of Bill C-10, which is about modernizing the Air Canada Public Participation Act.

This bill amends the provisions of the Air Canada Public Participation Act dealing with Air Canada's operational and overhaul centres. 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 and replacing that with a reference to the following three provinces: Quebec, Manitoba and Ontario.

This bill also removes all references to “operational and overhaul centres” and replaces them with a broader reference, namely, “aircraft maintenance activities”, stipulating that this includes work relating to airframes, engines, components, equipment or parts.

The bill also specifies that Air Canada is not under any obligation when it comes to the type or volume of the aircraft maintenance activities it undertakes, either directly or indirectly, in Manitoba, Ontario, or Quebec. Nor is it under any obligation as to the level of employment it must maintain.

These changes seek to modernize the legislation, which is very important, in order to help Air Canada respond more effectively to the changing market conditions, while continuing to maintain jobs for the skilled workers in Canada's important aerospace sector.

First, I would like to say a few words about the privatization of Air Canada.

The House may remember that the main objective of the Air Canada Public Participation Act was to convert a crown corporation into a thriving and competitive private company. The new company would be expected to evolve in an aggressively competitive market that is highly cyclical and sensitive to external shocks.

The act came into force in 1989 to provide the federal government with the legal framework to privatize Air Canada. It also required Air Canada to have provisions concerning, in particular, the maintenance and overhaul of its aircraft, the use of official languages, and the location of its headquarters. Air Canada's competitors from Canada and abroad are not subject to such conditions.

Since privatization, and despite some challenging times, Air Canada has survived as a private company without direct government support.

Today, Air Canada is the only Canadian airline that offers a wide range of regional, national, and international services. Its fleet includes a wide range of aircraft from the world's largest manufacturers such as Bombardier, Boeing, Airbus, and Embraer. We are quite proud of that.

In 2015, Air Canada and its Air Canada Express partners served more than 40 million passengers and provided direct passenger service to more than 200 destinations on six continents. Air Canada alone employs nearly 28,000 people, including 2,400 for its maintenance services.

This bill comes at a very important time for a sector that is booming, but one that is also subject to a great number of fluctuations. We fully realize that this bill gives Air Canada more flexibility when it comes to maintenance, but other restrictions on Air Canada still fully apply, as most of the legislation will remain unchanged.

Other conditions that are important for Canadians, such as the location of the head office and official languages requirements, will continue to exist after the changes we are proposing come into effect.

I would like to remind members that Air Canada is the only Canadian industry stakeholder with such restrictions. None of its competitors are subject to the same restrictions. In a global market and in a sector such as air transportation, which is undergoing major changes, maximum economic flexibility is required to ensure viability in the medium and the long term.

Making this section of the law more flexible will make Air Canada even more viable and, above all, allow it to remain relatively competitive with its national and international competitors.

In this regard, I would like to quote one comment made by Mike Tretheway, chief economist and chief strategy officer at InterVISTAS Consulting Group, who appeared before the standing committee, and stated:

If you choose to have a competitive environment as the basis for your policy, there is a range of competitive issues there, and maintenance is one of the important ones because it's such a large portion of aircraft cost, and you have one airline that has to compete with other airlines that don't have these restrictions.

To give an order of magnitude, in 1980, the International Air Transport Association consisted of 100 airlines from 85 countries. Today, less than 36 years later, its membership consists of 260 airlines, accounting for approximately 83% of total air traffic.

Now more than ever the aviation market is characterized by open skies agreements and the emergence of important new international players. These market conditions offer Air Canada significant global growth opportunities, but also challenges in terms of global competitiveness. Air Canada provides vital connectivity both within our vast country and the outside world. It is also a very important source of jobs.

As Mr. Tretheway said:

...airlines operate with about a 2% profit margin. It's one of the thinnest profit margins of any transport industry, and we can and do see airlines go bankrupt. We've had 60 airline bankruptcies in Canada, and Air Canada itself has gone through one bankruptcy.

Mr. Tretheway further noted:

...[this bill] will have an impact on air travel costs for people flying Air Canada. It will help [Air Canada] get better competitive choices to maintain the high safety standard that Canada requires.... As they become more competitive that I think will get translated, not just for their customers, but customers of the other airlines they compete with, both Canadian airlines like WestJet and Porter as well as foreign carriers that fly in and out of Canada.

The day after Bill C-10 was introduced, some people wondered whether the government was suddenly abandoning skilled workers in the maintenance, overhaul and repair sector in Canada. Some people went so far as to publicly say that Air Canada could limit or even completely stop its maintenance activities that are carried out not only in Quebec, Ontario and Manitoba, but elsewhere in Canada.

Naturally, we listened and expressed our concerns about the impact that the Aveos Fleet Performance bankruptcy had on the workers and their families. At the time, we put pressure on Air Canada and the previous government to act in the best interests of the workers. However, today's conditions are completely different. Let us ask this question: what concrete gains have former Aveos workers made in the past four years?

There is no guarantee that the existing lawsuit would restore the same number of jobs lost four years ago in 2012. The opposition has implied that Bill C-10 would in some way legalize the outsourcing of aircraft maintenance jobs and that the alternative to this bill would be to rehire all the former Aveos workers. In fact, there is nothing in the existing act or the recent Quebec court decisions to require that Air Canada conduct its maintenance in Montreal, Mississauga, and Winnipeg, or to require that the airline go back to doing what it was doing in 2012, with exactly the same employees, before Aveos filed for bankruptcy.

My colleagues are unfortunately creating some unrealistic expectations. That is why we welcome the recent agreements of intent that Air Canada has signed with Quebec and Manitoba. These agreements mention the concrete possibility of jobs, in line with the modern reality of the air transportation sector.

In 2012, the aerospace review noted the growing importance of lower-cost providers of maintenance, repair and overhaul, what we also call MRO, from developing countries, many of which are closer to the growth markets in Asia, Latin America, and the Middle East. While Air Canada does not outsource its aircraft maintenance suppliers in developing countries, many of its competitors do. We must be aware of the global development of these types of services.

It is interesting to note that despite the closure of Aveos in 2012, the MRO sector has experienced significant growth in recent years. Based on data from the report on the state of the Canadian aerospace industry in 2015, the MRO sector experienced strong economic growth from 2004 to 2014, with a 37% increase in direct GDP.

Data from Innovation, Science and Economic Development Canada also indicate that MRO accounted for $3.8 billion of the gross domestic product, that 31,298 people were employed in MRO activities, and that the MRO sector generated revenues of $7.6 billion in 2015. This represents 26% growth in revenue compared to 2010.

Our aircraft maintenance sector remains strong, despite Aveos' bankruptcy, and it continues to be a source of jobs for skilled workers. Over the years, the MRO industry has adapted to the realities of the market. This industry is very competitive in certain leading-edge sectors.

The industry has had to adjust and has become specialized over the years. This industry looks nothing like it did some 30 years ago. It has evolved into a sector that now includes major economies of scale and economies of specialization.

In Canada, our strengths lie mainly in MRO work on engines, landing gear, and simulations. We are fortunate to have many companies working on aerostructure, but not all of them can work on all types of aircraft, so it would be difficult to say whether they would be competitive, in light of the big variety of aircraft operated by Air Canada.

Consider companies such as Air France-KLM and Lufthansa, major global players in aircraft maintenance, repair, and overhaul.

Looking closely at the maintenance structures of these important carriers, it appears that they generally maintain line maintenance within their respective countries for certain types of aircraft. However, their global supply chains are also very important. They are present in major markets, such as Asia and South America, where maintenance centres specialize in certain types of services. Of note, for example, is Air France-KLM, which has an MRO laboratory and innovation centre in Singapore.

The various announcements made by Air Canada, either with regard to the development of centres of excellence in Quebec and Manitoba or its intention to buy C Series aircraft from Bombardier, will result in huge job opportunities in the aerospace industry, and will especially favour continued growth in the MRO sector in Canada for the foreseeable future.

We must stop looking backward and take concrete actions to think about the future in the short, medium, and long term, in light of the very important changes that I have already mentioned.

I see the centres of excellence and the purchase of Bombardier's C Series aircraft as concrete measures that will produce real job opportunities for lots of Canadians.

When Peter Wallis, president and CEO of the Van Horne Institute, appeared before the standing committee, he said that the opportunity to create a centre of excellence in Quebec to maintain Bombardier's new planes is huge for the sector. It would enable that sector of Canada's industry to set itself apart from the global competition.

I strongly believe that in light of various Air Canada announcements, Delta's decision to purchase C Series planes, the creation of centres of excellence, and the decision to drop the lawsuit with Quebec and Manitoba, we will have a much better chance to create jobs and grow our aerospace sector, which is so crucial. Instead of sitting on our hands and waiting for other people to step in and do the work, we will have an opportunity to work and put forward solid proposals.

These promises, which will be fulfilled in the coming years, offer real opportunities for us to distinguish ourselves globally and create a Canadian hub of expertise and innovation. Projects like these will generate better long-term economic growth for Canada and create permanent skilled jobs. I think that is where what we are doing now differs from what was done in the past. Let us stop trying to do things over. Instead, let us look ahead and work for the future.

Air Canada Public Participation ActGovernment Orders

May 16th, 2016 / 12:50 p.m.


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Liberal

The House proceeded to the consideration of Bill C-10, an act to amend the Air Canada Public Participation Act and to provide for certain other measures, as reported (without amendment) from the committee.

Business of the HouseOral Questions

May 12th, 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, this afternoon, we will continue with the Conservative opposition day. Tomorrow will be a further allotted day. Monday, we will begin report stage and third reading stage of Bill C-10 concerning Air Canada until 2 p.m. After question period, we will move on to Bill C-14 concerning medical assistance in dying.

I have had productive and optimistic discussions with my colleague House leaders. I am hopeful and optimistic that we will have an agreement on the handling of the debate at report stage and third reading of Bill C-14 next week.

Provided we are able to complete debate on Bill C-14 next Wednesday, the House will debate an NDP opposition motion on Thursday.

Finally, pursuant to Standing Order 81(4), I would like to designate Monday, May 16, for consideration in a committee of the whole of the main estimates for the Department of National Defence.

Transport, Infrastructure and CommunitiesCommittees of the HouseRoutine Proceedings

May 12th, 2016 / 10:05 a.m.


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Liberal

Judy Sgro Liberal Humber River—Black Creek, ON

Mr. Speaker, I have the honour to present, in both official languages, the third report of the Standing Committee on Transport, Infrastructure and Communities, in relation to Bill C-10, An Act to amend the Air Canada Public Participation Act and to provide for certain other measures.

The committee has studied the bill and has decided to report the bill back to the House without amendment.

Luc Berthold Conservative Mégantic—L'Érable, QC

I know that everyone here wants to listen to me for a long time. It's a nice experience. Above all, I have had a chance to present my arguments on Bill C-10. Thank you for listening to me for such a long time.

I have much more to say. In fact, I did not even have time to cover the Government of Manitoba's presentation. I could have probably used the same arguments I used earlier, when talking about the Quebec government.

I can tell by the way she is looking at me that Madam Chair is afraid that I will launch into a long speech. I don't have much more to say.

In closing, on behalf of those who have come to testify before us, especially the representatives of unions and provinces, I ask the government representatives one last time to reconsider a hasty passing of Bill C-10. Yes, I talked for a long time, but there was much to be said. I wanted to put it out there. The time allocation motion has unfortunately limited us during the debates on Bill C-10. So in a short period of time, I have summarized all that we had wanted to say in the House concerning Bill C-10.

With that, Madam Chair, we will not have to order food. I brought a sandwich, not because I was expecting to speak for a long time, but simply to have a little something once my colleague begins her presentation.

Thank you.