Bill C-49 (Historical)

Transportation Modernization Act

An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts

This enactment amends the Canada Transportation Act in respect of air transportation and railway transportation.
With respect to air transportation, it amends the Canada Transportation Act to require the Canadian Transportation Agency to make regulations establishing a new air passenger rights regime and to authorize the Governor in Council to make regulations requiring air carriers and other persons providing services in relation to air transportation to report on different aspects of their performance with respect to passenger experience or quality of service. It amends the definition of Canadian in that Act in order to raise the threshold of voting interests in an air carrier that may be owned and controlled by non-Canadians while retaining its Canadian status, while also establishing specific limits related to such interests. It also amends that Act to create a new process for the review and authorization of arrangements involving two or more transportation undertakings providing air services to take into account considerations respecting competition and broader considerations respecting public interest.
With respect to railway transportation, it amends the Act to, among other things,
(a) provide that the Canadian Transportation Agency will offer information and informal dispute resolution services;
(b) expand the Governor in Council’s powers to make regulations requiring major railway companies to provide to the Minister of Transport and the Agency information relating to rates, service and performance;
(c) repeal provisions of the Act dealing with insolvent railway companies in order to allow the laws of general application respecting bankruptcy and insolvency to apply to those companies;
(d) clarify the factors that must be applied in determining whether railway companies are fulfilling their service obligations;
(e) shorten the period within which a level of service complaint is to be adjudicated by the Agency;
(f) enable shippers to obtain terms in their contracts dealing with amounts to be paid in relation to a failure to comply with conditions related to railway companies’ service obligations;
(g) require the Agency to set the interswitching rate annually;
(h) create a new remedy for shippers who have access to the lines of only one railway company at the point of origin or destination of the movement of traffic in circumstances where interswitching is not available;
(i) change the process for the transfer and discontinuance of railway lines to, among other things, require railway companies to make certain information available to the Minister and the public and establish a remedy for non-compliance with the process;
(j) change provisions respecting the maximum revenue entitlement for the movement of Western grain and require certain railway companies to provide to the Minister and the public information respecting the movement of grain; and
(k) change provisions respecting the final offer arbitration process by, among other things, increasing the maximum amount for the summary process to $2 million and by making a decision of an arbitrator applicable for a period requested by the shipper of up to two years.
It amends the CN Commercialization Act to increase the maximum proportion of voting shares of the Canadian National Railway Company that can be held by any one person to 25%.
It amends the Railway Safety Act to prohibit a railway company from operating railway equipment and a local railway company from operating railway equipment on a railway unless the equipment is fitted with the prescribed recording instruments and the company, in the prescribed manner and circumstances, records the prescribed information using those instruments, collects the information that it records and preserves the information that it collects. This enactment also specifies the circumstances in which the prescribed information that is recorded can be used and communicated by companies, the Minister of Transport and railway safety inspectors.
It amends the Canadian Transportation Accident Investigation and Safety Board Act to allow the use or communication of an on-board recording, as defined in subsection 28(1) of that Act, if that use or communication is expressly authorized under the Aeronautics Act, the National Energy Board Act, the Railway Safety Act or the Canada Shipping Act, 2001.
It amends the Canadian Air Transport Security Authority Act to authorize the Canadian Air Transport Security Authority to enter into agreements for the delivery of screening services on a cost-recovery basis.
It amends the Coasting Trade Act to enable repositioning of empty containers by ships registered in any register. These amendments are conditional on Bill C-30, introduced in the 1st session of the 42nd Parliament and entitled the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act, receiving royal assent and sections 91 to 94 of that Act coming into force.
It amends the Canada Marine Act to permit port authorities and their wholly-owned subsidiaries to receive loans and loan guarantees from the Canada Infrastructure Bank. These amendments are conditional on Bill C-44, introduced in the 1st session of the 42nd Parliament and entitled the Budget Implementation Act, 2017, No. 1, receiving royal assent.
Finally, it makes related and consequential amendments to the Bankruptcy and Insolvency Act, the Competition Act, the Companies’ Creditors Arrangement Act, the Air Canada Public Participation Act, the Budget Implementation Act, 2009 and the Fair Rail for Grain Farmers Act.

[Ruth Ellen Brosseau, NDP, Berthier—Maskinongé, QC]

Thank you, Chair.

I would like to say how happy I am to see you guys again. I wish it were in different circumstances, but it's good that we're having this meeting. It reminds me of all the years I spent on the agriculture committee with Randy, although we were on opposite sides of the table at the time. It also reminds me of a situation in 2013-14 when we did work together. We were three different parties with different points of view on different issues, but we were all able to come together, work hard, and put politics aside to make sure that we were standing up for farmers.

It's really disappointing and frustrating that a few years later we're back in the same situation. We did have red flags come up. We talked about the urgency to act. On Bill C-49, we tried to have the part about grain transport carved out to make sure it would be adopted more quickly. The situation we're in right now is very frustrating.

I think that once again we all need to work together to make sure that we are standing up for farmers and that we are going to get this right this time around. I'm hopeful. I'm optimistic. Once again, I think we and the government need to use all the tools in their tool box. There are some options that were used in 2013-14 that can be applied to the situation we're in right now.

I'm happy to see that there is an openness to looking at this at committee, but I'm just concerned, because looking at this on March 21 is once again too late. The timeline that was given for the expectation for the ministers to act was March 15. Every day that goes by.... I can't imagine being in the shoes of the people who are trying to transport their grain and how frustrating this is for those farmers. They already deal with weather and so much unexpected volatility, and for this to happen again is completely unacceptable.

I'm really hoping that.... We do have our two weeks off from Ottawa when we're supposed to be back in our constituencies, but I think we need to sit down as the agriculture committee and flesh out what options can be undertaken immediately by the government.

I'm supportive of the motion by Luc Berthold, but I think we really need to have CN and CP here. We also need to have Minister Garneau and Minister MacAulay or their representatives come to committee. It's our job to stand up for farmers. This is something that should be non-partisan. I think March 21 is way too late. I know that Bill C-49 is in the Senate right now. It's an omnibus bill; it changes 13 laws. We did try to have that section for grain carved out. When we get back to the House, I propose that we do a unanimous consent motion to have the Senate take out the bit about grain to have it fleshed out and to see if they could look at ways of getting that moving forward faster.

For now, in dealing with this motion, I think we really need to make sure that we are listening and taking the time to take this situation seriously. I'm hoping that there will be an openness from the Liberals on the other side to look at this seriously and to have CN and CP, the ministers, and also the farmers here. We have to listen to the farmers. This is a complicated issue. It's not black and white. I think it's time for all of us to roll up our sleeves and make sure that we get it right for them this time. We can't drop the ball again. We just can't.

Those are my comments for now.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Thank you very much, Mr. Chair.

I was at the end of my introduction.

As I was saying, the federal government must act right away. We cannot wait one or two weeks. The Liberal government must take immediate action. It has the means and the capacity to take action to ensure that this is working.

As I was saying, one of the two railway companies in question, CN, fired its president and chief executive officer owing to his inaction and the lack of services, according to the CN press release. There is a true crisis happening. People from the offices of the Minister of Agriculture and Agri-Food and the Minister of Transport should take note of what just happened at CN and understand the seriousness of the crisis and the urgent need for action.

I have also taken note of the apologies issued this morning by CN. That is an action I want to commend. CN recognized that it had failed to fulfill its duties in the case. Allow me to quote a few excerpts from the CN press release:

“We apologize for not meeting the expectations of our grain customers, nor our own high standards,” [Interim President and Chief Executive Officer] Mr. Ruest said. “The entire CN team has a sense of urgency and is fully focused on getting it right for farmers and our grain customers, regaining the confidence of Canadians businesses, and protecting Canada's reputation as a stable trade partner in world markets.”

CN decided to take action. All this is probably a consequence of the Canadian Federation of Agriculture's arrival in Ottawa last week, of the press conference held by western grain farmers and of the convening, thanks to our initiative, of this emergency committee meeting. When we invest all our energy in something and work together, we can achieve results. However, the committee has few means at its disposal. It has to rely on the decision of the government and the cabinet to expedite the process. That is what we want.

Time is of the essence; we called for this emergency meeting to recognize and resolve the worst backlog in a number of years in grain shipping.

Everyone here is aware that this is happening at a time when an ambitious export objective has been set—$75 billion by 2025. That figure comes from the Barton report. A study has even been undertaken to figure out how technological innovation can be used to achieve that export objective. Logically speaking, without an adequate transportation infrastructure and with companies being unable to send Canadian grain to markets, we will never reach that ambitious objective.

That is why it is important for us to talk about it. The committee should take note of this and hear what producers and railway companies have to say about the current situation in order to find a medium and long-term solution.

I repeat that, in the short term, the solution is in the hands of the Minister of Agriculture and Agri-Food.

The crop yield was very good this year. Farmers should not be punished for successfully increasing their production. However, they are literally paying the price of increased productivity because they cannot ship their product.

Right now, when we are trying to increase our access to markets, not being able to perform on contracts in a reliable and timely manner goes in the opposite direction of the one we want to take. There is a lot of volatility around access to markets, specifically given the renegotiation of NAFTA, but also the unexpected tariff increase on Canadian products in markets where Canada would like to expand, especially India.

Those situations are beyond our control; we cannot do anything about them. We have no decision-making power in what is happening abroad. However, we have a way to do something about our grain transportation system, as we are the ones who control it. We do not depend on other countries for that. It is up to us to implement appropriate measures to ensure that our grain is shipped to foreign markets. We have to implement everything to ensure that Canadian farmers have access to a logistical system that delivers their products to markets in a predictable and timely manner.

Todd Lewis, President of the Agricultural Producers Association of Saskatchewan, said that his year's shipments are disastrous and that we cannot allow ourselves another similar year.

Daryl Fransoo, Director of the Western Canadian Wheat Growers Association, said that a crisis is happening right now. The levels are astronomically bad. Farmers are getting together and trying to do something.

Wade Sobkowich, Executive Director of the Western Grain Elevator Association, said that the situation was not improving, but rather getting worse.

Art Enns, Vice-President of Grain Growers of Canada said that this situation is unacceptable and must change.

Finally, the Premier of Saskatchewan, Scott Moe, said the following:

“We need the grain moving.”

I quote: “We need it moving sooner rather than later,” Moe said, warning there “is a cash crunch that is coming.”

We will certainly have the opportunity to talk about that. Transportation and shipments are being discussed a lot, but let's not forget the producers who cannot be paid because they cannot ship their grain to market. This is a disaster for many farmers in the west.

The grain crisis of 2013-14 cost the Canadian economy $8 billion. This loss affects not only the farmers, although they do bear the brunt. It is also a direct loss to our economy.

There are reports indicating that losses will be higher this year. This is unacceptable. We cannot constantly undermine our own growth. As everyone knows, people want more Canadian products because they are the best in the world. Technology is being considered as a way to meet export targets, but what good does it do if the higher yields of perishable crops are lost?

We have to find a long-term solution. The solution must not only provide quick relief, although we do want an immediate solution. The committee must definitely hear the solutions that grain producers have to suggest and recommend. We must hear what explanation CN and CP have for the disaster this year, what they have done, what they will do to remedy it, and what they will do to help. We must also ask the government what it is going to do for grain producers in the west, who will unfortunately suffer major economic losses if nothing is done to help them.

We can't keep talking about these problems year after year. We need a viable solution specifically for Canada in order to resolve the systemic issues in grain shipment.

Clearly, we will always be at the mercy of the weather. We live in Canada and have winter every year. Unfortunately for those who do not like winter, it is part of life in Canada. Why? Because we are in Canada. It is unacceptable for the rail companies to use this as an excuse.

In conclusion, this study is intended to identify the systemic problems. We want to hear from stakeholders who want a plan and action immediately, but who also want us to find a way to prevent this crisis from happening year after year. We want to make specific recommendations to the government to find solutions to the grain shipment crisis in Canada. We are asking for the support of all MPs around the table, that is, of all members of the committee. We cannot say it is not our problem, because it is Canada's problem. When Canada is unable to export its grain or sell its products abroad, it is our responsibility to address the problem. It is a problem for agriculture, because we are talking about agricultural products.

There is more for us to do than consider Bill C-49. We must also do an exhaustive review of the problems that undermine grain shipment and provide viable and feasible solutions immediately.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Thank you very much, Mr. Chair.

The committee's Conservative and NDP members called for this emergency meeting because farmers need the government to take action now. We are united in our willingness to find immediate and long-term solutions. I am convinced that the committee's Liberal members also have the willingness to find a solution.

The situation is disastrous. When the government began an ideological battle by introducing Bill C-49, an omnibus bill from the Minister of Transport, all the observers warned it of the dangers of a new crisis.

We have all seen the figures. Between the two of them, CN and CP fulfilled 32% of hopper car orders last week. CN fulfilled 17% of the orders, and CP fulfilled 50% of them. Combined, last week marked the worst performance so far for the 2017-18 crop year.

Farmers are forced to absorb demurrage fees. We don't often use that term. I will give the definition of “demurrage”, for those who are not used to hearing that word. Demurrage fees must be paid by the charterer to the ship owner, in a voyage charter, when the time it takes to load or unload exceeds the laytime set out in the voyage contract. It's good to use the proper term.

In order words, the grain remains in elevators.

We learned that there are 35 vessels in the Port of Vancouver, we think for grain. Another five are waiting in Prince Rupert. With every unfulfilled order, Canada's reputation as a reliable trading partner is taking a hit. To quote an editorial:

Increasingly, our reputation among global customers is that of a supplier with aging and inadequate transportation infrastructure which fails to deliver its products on time, whether it’s canola or crude.

This has very real implications at a time when we want to expand market access, maximize our crops' yield, and increase our exports.

Every unfulfilled order undermines the reputation of reliable partners for Canada.

Unfortunately, the Liberals have ignored our advice to pass a separate bill on grain transportation and have not extended or made permanent the provisions of the Fair Rail for Grain Farmers Act. So protection for grain producers disappeared on August 1, 2017. Consequently, as predicted by the official opposition and a number of observers, a crisis occurred. It did not take two years; the first winter following the end of protection ensured by Bill C-30, a crisis situation arose in grain transportation.

Allow me to read a few excerpts of comments made on June 5, 2017, at second reading of Bill C-49, since that's pretty important.

My colleague Kelly Block, who is the transportation minister within our shadow cabinet, took the floor to speak to this omnibus bill. If people are still unsure that it is indeed an omnibus bill, here is how Minister Garneau himself described it, on June 5, 2017:

Specifically, the bill proposes to strengthen air passenger rights; liberalize international ownership restrictions for Canadian air carriers; develop a clear and predictable process for approval of airline joint ventures; improve access, transparency, efficiency, and sustainable long-term investment in the freight rail sector; and, increase the safety of transportation in Canada by requiring railways to install voice and video recorders in locomotives.

That is how the minister himself described Bill C-49. You will understand that we are far from Bill C-30, which focused only on grain transportation.

That is one of the reasons why the consideration of Bill C-49 is taking so long: the government wanted to make an omnibus bill focusing on several different topics and concerning a number of stakeholders. It was clear that its consideration would take time.

My colleague Mrs. Block reiterated the following, during the study of Bill C-49, at second reading:

Furthermore, when I introduced a motion in transport committee last week calling on the committee to write to the Minister of Transport and his government House leader to ask them to split the bill into the following sections, rail shipping, rail safety, air, and marine, to provide an enhanced and possibly expedited scrutiny, every single Liberal member voted against it without even a single comment as to why.

In short, on June 5, 2017, we already asked that Bill C-49 be split, so that we could study the protection of western grain producers more quickly.

The Conservatives responded positively to the request of their Liberal colleagues from the transport committee to expedite the study of Bill C-49. The Conservatives agreed to return to committee a week before Parliament resumed. NDP members were also in attendance. If I remember correctly, they were also fully prepared to review the bill and to dedicate a whole week to that study in order to expedite the process. After the summer break, all the committee members came here and spent a week discussing Bill C-49. We knew it was important.

However, there was a major issue. When we were studying Bill C-49, the provisions in Bill C-30 had already expired nearly two months before. So the protection was already gone. Those are the arguments my colleague Kelly Block reiterated when the committee studied Bill C-49.

Let me draw your attention to another excerpt from Mrs. Block's comments:

In the fall of 2016, the Standing Committee on Transport, Infrastructure and Communities undertook a study of Bill C-30 and held a number of meetings on the merits of these measures and whether they should be allowed to sunset. We were assured that if we lived with this extension, these issues would be dealt with by August 1, 2017.

Unfortunately, the government did not keep its word. It did not ensure that those provisions would be dealt with by August 1, 2017.

Mrs. Block concluded her comments with the following:

In conclusion, this much is certain: the key measures in Bill C-30 will be allowed to sunset on August 1, before this legislation receives royal assent. The Liberals have had nearly a full year to get new legislation in place but failed to do so, and shippers will suffer the consequences.

On June 5, 2017, she predicted that this would happen. Unfortunately, we are now facing that situation.

The Liberal government and railway companies have been inactive since August. It was business as usual for everyone. It was only yesterday that the Minister of Agriculture and Agri-Food bothered to take the first step to resolve the crisis: he wrote a letter with the Minister of Transport asking railway companies to prepare a plan to resolve the crisis and to post that plan on their websites by March 15. However, since the consequences of this crisis are being felt every day, last week we asked the government to act now, to implement the necessary tools and use its power to resolve this crisis as quickly as possible.

It seems that the calling of this emergency meeting had the positive effect of getting things moving. The Minister of Agriculture and Agri-Food has at least written a letter. This is a step in the right direction, but we have to go much further. We were expecting the minister to call a Cabinet meeting to adopt measures and make things happen, so that this crisis would be resolved immediately. The presentation of a plan and measures to ultimately find a solution should not be endlessly postponed again. The crisis is happening now.

This leads us to conclude that the government, aside from this letter, is once again relying on luck and the good faith of railway companies, instead of taking action and implementing the necessary measures to ensure that grain is shipped to markets, that farmers are paid and that this season's exceptional crop yields would not be compromised owing to a lack of planning by those who have the power and the tools to take action.

It's simple: the Liberal government must take immediate action to address the backlog in grain delivery and provide the tools needed to hold railway companies accountable for inadequate services. Inaction is costly. Talk to the president and chief executive officer of CN about that, as he lost his job because CN had not managed to provide a quality service. CN clearly indicates in its press release that it fired its president and chief executive officer for that reason.

If CN has realized that it should have taken action earlier, I don't understand how none of the advisors and other employees who are working at the offices of the Minister of Transport and the Minister of Agriculture and Agri-Food saw this crisis coming. Will a minister have to be fired for inaction—

Rail Transportation

[Karen McCrimmon, Liberal, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, again, we have proven time and time again that we are strongly committed to Canadian farmers and our agricultural industry. Unlike the band-aid solutions of the past with an expiry date, our government put forward Bill C-49, which would meet the long-term sustainable needs of users for years to come.

To quote the Western Grain Elevator Association, “this bill [Bill C-49] is a significant improvement over the existing legislation and is a positive step forward for the grain industry.

[Karen McCrimmon, Liberal, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, our government recognizes the importance of efficient and reliable rail service, especially in moving Canadian grain and other commodities to market. However, after enduring 10 years of band-aid actions on behalf of the other government, we introduced Bill C-49. It will provide a strong, reliable, and efficient freight rail system for the future.

The Minister of Transport and the Minister of Agriculture have been in contact with the railways, urging them to do better. We will closely monitor the situation.

[Larry Maguire, Conservative, Brandon—Souris, MB]

Mr. Speaker, if they are working on improving the Asian market, why do we have a 50% increase on chickpeas?

For two of the past four weeks in Manitoba, the one railroad has only met 6% of the railcar orders placed by shippers. That means tens of thousands of tonnes of contracted grain is not moving, which has virtually stalled cash flow for farmers on the Prairies.

Will the Liberal government stop delaying? We warned the Liberals about Bill C-49 last fall. It is too late. Farmers cannot wait. Action is needed. Reinstate our previous Conservative government's effective measures and get grain moving now.

Agriculture and Agri-Food

[Karen McCrimmon, Liberal, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, our government has proven time and time again that it is strongly committed to Canadian farmers and to the agriculture industry. Unlike the previous Harper government's band-aid solution with an expiry date, this government put forward a permanent and sustainable solution in Bill C-49 that would meet the long-term needs of farmers.

The Western Grain Elevator Association said, “...this bill is a significant improvement over the existing legislation and is a positive step forward for the grain industry.”

[Lawrence MacAulay, Liberal, Minister of Agriculture and Agri-Food]

Mr. Speaker, we know this is a serious situation. That is why we introduced Bill C-49 to establish a strong, reliable, and efficient grain transportation system for the long-term.

The Minister of Transport and I have contacted CN to indicate how serious it is, and that it needs to move grain faster. I have spoken to grain farmers, and indicated to them that we are fully aware of the seriousness of the situation.

[Marc Garneau, Liberal, Minister of Transport]

Mr. Speaker, unlike the previous government that did nothing for 10 years, we actually brought forward Bill C-49, which, by the way, that side voted against. It was intended to have fair rail legislation for the movement of grain.

I was speaking to CN this morning and in actual fact, the amount of grain transported at this point in time is only 3% behind the average of the past three years. Last week was particularly bad, but the situation is improving.

[Marc Garneau, Liberal, Minister of Transport]

Mr. Speaker, our government recognizes the importance of an efficient and reliable rail system to transport grain for our farmers.

That is why we put Bill C-49 in place, unlike the previous government that did absolutely nothing for 10 years. I have been in touch with CN and CP. I was in touch with CN this morning. The month of February was particularly difficult, but at this point I feel that, looking to the future, the grain situation will certainly improve in the months to come.

[Marc Garneau, Liberal, Minister of Transport]

Mr. Speaker, let me correct the hon. member.

For 10 years, the previous Conservative government did absolutely nothing for the farmers in this country except to put in place a band-aid temporary bill. We put in place Bill C-49 to give our farmers, shippers, and railways a modern freight rail legislation. We certainly hope that the other chamber is going to pass this bill as quickly as possible.

I would encourage my fellow member across the way to encourage his fellow Conservatives to pass the bill as quickly as possible.

[Marc Garneau, Liberal, Minister of Transport]

Mr. Speaker, unlike the former government, which for 10 years did absolutely nothing except introduce a temporary bill, we are here for Canada's grain producers.

We have farmers' interests at heart. That is why we introduced Bill C-49. I hope that the other chamber will pass this bill as soon as possible.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, while the Prime Minister and six of his ministers were traipsing around India, the situation of western grain farmers deteriorated. Because the Liberals decided to play partisan politics instead of taking care of government business, they refused to split Bill C-49. A whole season's crops cannot be delivered by rail for partisan reasons, and the Minister of Agriculture and Agri-Food is doing absolutely nothing.

When will the Prime Minister finally do his job and take action so Canada's grain producers can access the market and sell their crops?

Grain Farmers

[Martin Shields, Conservative, Bow River, AB]

Mr. Speaker, the government has failed Canadian grain farmers with Bill C-49. According to Ag Transportation Coalition, CN and CP supplied only a combined 38% of hopper cars ordered in grain week 29. Week 29 was the worst week to date during the 2017-18 grain year.

This is a crisis for grain farmers. They need to get their product to market and pay last year's bills. Guess who pays the penalty for delayed delivery for shipping the wheat at the port in Vancouver? It is not the port facility, not the shipper, and of course not the railway. It is the farmer who pays the penalty.

We urged the government to split up the omnibus Bill C-49 so we could pass the interswitching provisions quickly and protect the grain farmers, and the Liberals failed to do so. Now Canadian grain farmers are feeling the consequences.

The government needs to act quickly. We have winter in Canada every year and the Liberals need to quit using that as an excuse. It is time to get it done. Let us fix it for the grain farmers.

Air Transportation

[Karen McCrimmon, Liberal, Kanata—Carleton, ON]

Mr. Speaker, Bill C-49 is presently before the Senate Standing Committee on Transport and Communications. The Senate will debate the merits of this proposed legislation, and we look forward to hearing its views on our efforts to establish a world-leading approach to air passenger rights.

The intent has always been to have air passenger rights enshrined in regulations, as is done in the United States and the European Union. Undertaking a regulatory approach would also ensure that Canadians are consulted before and during the regulatory development phase. These passenger rights are for all Canadians, and this approach would ensure that their voice is being heard.