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 bill is from 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. The Library of Parliament has also written a full legislative summary of the bill.

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.

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-49s:

C-49 (2023) Law An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts
C-49 (2014) Price Transparency Act
C-49 (2012) Canadian Museum of History Act
C-49 (2010) Preventing Human Smugglers from Abusing Canada's Immigration System Act
C-49 (2009) Law Appropriation Act No. 3, 2009-2010
C-49 (2008) Law Appropriation Act No. 1, 2008-2009

Votes

May 22, 2018 Passed Motion respecting Senate amendments to Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts
May 3, 2018 Passed Motion respecting Senate amendments to Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts
May 3, 2018 Failed Motion respecting Senate amendments to Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts (amendment)
Nov. 1, 2017 Passed 3rd reading and adoption of Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts
Oct. 30, 2017 Passed Concurrence at report stage of Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts
Oct. 30, 2017 Failed Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts (report stage amendment)
Oct. 30, 2017 Failed Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts (report stage amendment)
Oct. 30, 2017 Passed Time allocation for Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts
June 19, 2017 Passed 2nd reading of Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts
June 15, 2017 Passed Time allocation for Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts

Transportation Modernization ActGovernment Orders

October 30th, 2017 / 5:05 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, while you may not want my colleague to sit down, many on this side are very happy to have him sit down.

One of the campaign promises that the Liberals made was to champion the so-called passenger bill of rights for air travel. There is some movement in that direction with this bill, but it is clear that they are short on details in the legislation as it relates to preserving the rights of air passengers.

Currently I serve as the co-chair of the scrutiny of regulations committee, and I am very much aware that a lot of regulations developed subsequent to legislation often end up creating some issues to be dealt with. It certainly prolongs the process of getting the bill and its regulatory framework into practice.

My question for my colleague is, why would the Liberal government, after championing this idea in their campaign, be so weak on details as it relates to preserving the rights of air passengers?

Transportation Modernization ActGovernment Orders

October 30th, 2017 / 5:05 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would argue that it is quite the opposite.

The member is right. We agree on one point. The Liberal Party, prior to the election, made a commitment to work towards getting an air passenger bill of rights. In a relatively short period of time, we are now debating and ultimately passing legislation that is going to assist in enacting that protection for our airline passengers.

We recognize that in good part it will be done through regulations. There is nothing wrong with doing that, and working with the many different stakeholders and individuals who have a lot of good ideas in terms of how it could best be done. The member is right, in one sense. We are not saying that fines are going to be x amount of dollars and so forth, incorporating that into the legislation. However, we are enabling it to take place.

That is what Canadians want. I would suggest that with the passage of this legislation, we will see yet another election platform issue being acted on, committed to, and ultimately passed.

Transportation Modernization ActGovernment Orders

October 30th, 2017 / 5:10 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, there is much that we need to do in national transportation policy.

The minister has been holding consultations with members of Parliament. There is a lot to be legislated that is still missing in this bill. As we touch on rail service in this piece of legislation, Bill C-49, I wonder if my hon. colleague from Winnipeg North, the parliamentary secretary, has any comments on the critical importance of maintaining passenger rail service through VIA Rail? We have not legislated VIA Rail, ever, in this place.

There are some changes to that legislation contained in Bill C-49, but it is a missed opportunity not to legislate for VIA Rail in the same way that in the U.S., Amtrak has a legislated mandate.

Transportation Modernization ActGovernment Orders

October 30th, 2017 / 5:10 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I suspect that if the member were to talk to the minister responsible for the legislation, he could probably come up with a half dozen or more other things it would have been wonderful to incorporate in some capacity in other pieces of legislation.

I look forward, in the months and years ahead, to seeing what other initiatives will come out of the department. I would like to think that all members of this House see the great value of the idea and the principle behind VIA Rail. It is something I would love to see expanded in some areas of our country. There is really no threat. Passenger rail is exceptionally popular and well utilized. In some of the other more remote areas, there are some legitimate concerns. It would be a wonderful thing. I do not know if the transport committee has even considered having that discussion, or if it has had that discussion in recent years.

Canadians as a whole support VIA Rail. If there are things that the government could do, as has been demonstrated in the committee on this particular piece of legislation, we are open to ideas and thoughts. Let us have a discussion about it.

Transportation Modernization ActGovernment Orders

October 30th, 2017 / 5:10 p.m.

NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, once again this Parliament has been presented with a poorly and hastily crafted omnibus bill that would undermine workers' fundamental rights to privacy and protect the rights of investors.

It is hard to see any difference in policy between the current government and the one that went before. The disparity between Liberal election promises and Liberal actions in government is painful. Where is the promise to end the use of undemocratic omnibus legislation, so decried by the Liberals in opposition? Like the Conservatives before them, the Liberals are subjecting Canadians and members of this House to unworkable and flawed, now Liberal, omnibus bills.

Bill C-49, for all its omnibus bulk, contains only two measures New Democrats can support. We believe in the measures that would improve the rights of air travellers and the protections for grain shippers. These ideas are positive improvements to the status quo. For that reason, we are calling on the government to sever these two initiatives from the pointless and ineffective remainder of Bill C-49 so they can be studied at committee and passed into law.

As for the rest of Bill C-49, we will vote against it, and I will tell members why. Bill C-49 would amend the Canada Transportation Act, giving the minister of transport the power to approve joint-venture arrangements between airlines. This is worrisome, because that type of arrangement could proceed with the minister's approval even if the commissioner of competition found that it was anti-competitive, and it could increase the price of airline tickets. Let me repeat: it would give the minister of transport the final word on proposed joint ventures between airlines, and once an arrangement was approved, the Competition Tribunal could no longer prohibit it.

The NDP proposed deleting clause 14 of Bill C-49, because it would expose consumers to unfair increases in airline ticket prices, yet that clause remains. The bill would also increase the limit on foreign ownership of Canadian airlines from 25% to 49%, despite a University of Manitoba study, published on Transport Canada's own website, that demonstrated that this measure would have no positive impact on competition.

Most concerning, Bill C-49 would amend the Railway Safety Act to allow railway companies to use video and voice recorders, and despite the fact that the bill would risk violating section 8 of the Charter of Rights and Freedoms by authorizing the government or employers to collect private information without instituting adequate protections, the Liberals rejected NDP amendments to limit the use of these recorders.

Locomotive voice and video recordings should be accessible only to the Transportation Safety Board. There is nothing to stop individual railway companies from using them to attack workers' rights. In fact, there are a number of precedents in which CN and CP have attempted to attack workers' rights and privileges. New Democrats object to clause 14 for this reason.

If the government were truly serious about improving railway safety, it would revise the standards regarding train operator fatigue. Train operators are under pressure from employers to work unreasonable hours, and as such, this demand by employers represents a real danger to the safety of workers and the public.

There is a better way. Canada needs and deserves an affordable, accessible, reliable, and sustainable system of public rail transit, and Canadians have the right to the highest levels of service, protection, and accessibility of travel that can be provided. Instead, we see the erosion of infrastructure due to the neglect and corporate offloading of maintenance responsibilities, and passengers are subjected to the cancellation of rail services across the country.

Canada has a growing population, families with children, disabled Canadians, and senior citizens who need to travel. At the same time, Canadians are conscious of the environmental legacy we are creating for future generations. With proper stewardship and a visionary plan, we have the very real potential to revive our once thriving rail-travel industry. However, that kind of vision requires a federal government focused on national stewardship, rather than what both Liberal and Conservative governments did when they sold off national interests and pandered to those who bankrolled their campaigns.

It is because we need reliable rail service that I have drafted and tabled Bill C-370, which would create a clear mandate for VIA Rail Canada. Canadians are weary of the refusal by the current government, as well as Conservative and Liberal governments in the past, to acknowledge the economic and environmental benefits of a truly enhanced, integrated, accessible, and sustainable rail transit system that would far outweigh and outlive short-term political gain. Past governments have failed to understand that everyone, from the youngest Canadian to the seasoned commuter, benefits if rail travel is part of our future. I can tell members that this reality is not lost on the citizens of London and southwestern Ontario. They are the people who suffer from what is described, in the network southwest action plan, as the “mobility gap”.

Bill C-370 would provide the opportunity for Canadians and the current Parliament to evaluate cases where VIA Rail planned to eliminate a required router station. In addition, my bill would provide a legislative framework for VIA Rail's mandate as a crown corporation to make services mandatory, set minimum frequencies for certain itineraries, and increase levels of service with regard to punctuality. It would provide a transparent and democratic means to evaluate any proposed cancellation of service routes and a framework for managing and funding VIA Rail. It would help prioritize passenger trains where and when there were conflicts with freight trains and would create efficiencies. I encourage members on all sides of this House to support Bill C-370 when it comes to the floor for second reading.

In a previous parliament, the NDP introduced a bill setting out clear steps to establish a passenger bill of rights. The current Minister of Transport supported our bill. He could have followed our lead and introduced concrete measures to protect airline passengers but instead handed off responsibility for making regulations to the Canadian Transportation Agency.

The NDP proposal for a passenger bill of rights included measures to ensure that airlines would have to offer passengers the choice between a full refund and re-routing under comparable conditions when flights were cancelled. Air carriers that failed to comply would have to pay $1,000 in compensation to every passenger affected, in addition to the refund. Also, when an aircraft was held on the ground for more than one hour, the airline would have to provide passengers with adequate food, drinking water, and other refreshments, as well as compensation of $100 for each additional hour the flight was held on the ground.

Witness testimony tells us that such measures could result in flight cancellation rates four times lower than those experienced in Canada. The Liberals heard this testimony in committee, yet they rejected amendments from the NDP based on this solid evidence. It leads me to wonder what their motivation was and where their loyalties lie.

It is unacceptable for the government to shift the responsibility of protecting passenger rights to the Canadian Transportation Agency. Passengers and airlines need clear measures to discourage overbooking, and we need those measures now. The minister promised them for sometime in 2018. That is not good enough.

While our objections to Bill C-49 are many, I want to focus on one final point. Omnibus Bill C-49 would amend the Canada Marine Act to permit 18 port authorities to obtain financing from the Canada Infrastructure Bank. My New Democrat colleagues and I have spoken on the dangers of the Infrastructure Bank and will continue to do so as long as it exists as a loophole for selling off publicly funded infrastructure projects and public services to private corporations. We know that this transfer of public assets will allow private corporations to impose user fees and tolls on Canadians who have already paid hard-earned tax dollars for their public services.

Bill C-49 would allow private investors to provide loans to port authorities using the Infrastructure Bank. It would allow those private investors to charge high rates of interest on those loans, with the consumer footing the bill. In addition, ports whose building projects were valued at less than $100 million may not be eligible for Infrastructure Bank loans and so would be left without any resources. The cost of the required return on investment by these lenders could affect consumers, since many goods are transported through our ports.

New Democrats are wary of any legislation that shrouds the poisoned pill of selling off our valuable public assets and services to private corporations. Governments do not exist to serve private profits. At best, it appears that Liberals do not seem to understand that. At its cynical worst, they do understand and hope Canadians will not notice as they sell this country off to their corporate friends without any consideration for the public good. Either way, Bill C-49 is a flawed and poorly crafted piece of legislation that New Democrats cannot and will not support.

Transportation Modernization ActGovernment Orders

October 30th, 2017 / 5:20 p.m.

London West Ontario

Liberal

Kate Young LiberalParliamentary Secretary for Science

Mr. Speaker, the member and I quite often come to the nation's capital on the plane together, so we quite often talk about transportation between London and Ottawa. We both are very interested in the future of transportation in our country.

I want to make sure that I understand that she would at least agree that the bill represents a first step. That is really what we are talking about here. Is it to provide Canadians with a safer, more reliable transportation system, whether it be air, rail, or whatever. This is the beginning of a longer process that we know is necessary for our country.

Transportation Modernization ActGovernment Orders

October 30th, 2017 / 5:20 p.m.

NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, I have been around this place for 12 years, and I am tired of tiny steps. I want something substantive and meaningful that is going to work for the travelling public of our country. In terms of the passenger bill of rights in the airline industry, it needs to be better and stronger. First steps are fine, but we do not get many chances. It is important to do it right the first time.

In regard to rail passenger service, we have an opportunity, with the Minister of Transport, to make real and definitive changes. We need a mandate for VIA Rail. We need it to serve the people of the country. In the last 25 or 30 years, all we have heard about are cuts in service, the closing of routes, and the elimination of the kind of service people would use and would enjoy using and would feel good about, because it would help our environment.

Transportation Modernization ActGovernment Orders

October 30th, 2017 / 5:25 p.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, one of the things covered in the bill is the joint ventures. Perhaps she addressed this and I did not catch that part. I was wondering if she could give her thoughts on the changes to the legislation in terms of joint ventures.

Transportation Modernization ActGovernment Orders

October 30th, 2017 / 5:25 p.m.

NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, I am very leery and concerned about joint ventures. If he is talking about the infrastructure bank, I have profound concerns in that direction. We have experienced P3s in Ontario. They are more expensive, they are slow, and they do not provide the kinds of services that are intended.

In the case of the infrastructure bank, we would be partnering up with corporate entities that are designed to invest to make profits. Public services are for the public, and they are financed by taxpayers, the working men and women in our country. They should never be subject to extra tolls or extra costs to use their own services. Public services must remain public.

It is like Ontario Hydro. Who in their wildest dreams would have believed that any government would sell off a public entity like Ontario Hydro? This is all part and parcel of that selling out the public for private corporate good.

Transportation Modernization ActGovernment Orders

October 30th, 2017 / 5:25 p.m.

Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I am pleased to stand today to discuss Bill C-49.

However, before I get to the meat of the bill, I want to quote from liberal.ca/realchange, which says, “We will not resort to legislative tricks to avoid scrutiny. Stephen Harper has also used omnibus bills to prevent Parliament from properly reviewing and debating his proposals.” It goes on to say, “We will change the House of Commons Standing Orders to bring an end to this undemocratic practice.” However, what do we have before us? Like budget bills and others before it, the Liberals have introduced an omnibus bill.

In the bill, there are air passenger rights, with subsections on liberalized international ownership rules; joint ventures between air carriers; increased access to security screening services; rail initiatives with subsections under locomotive voice and video recorders; freight rail policy framework; and another area under marine initiatives that includes items such as would amend the Coasting Trade Act and the Canada Marine Act to permit Canada port authorities to access Canada Infrastructure Bank loans and loan guarantees to support investments in key enabling infrastructure.

We also know the infrastructure bank was introduced in a different omnibus bill. Ironies of ironies, the Liberals put time allocation on this omnibus bill after promising to never do either. The Liberals said that they would never be so cynical as to introduce omnibus bills and they were so sure they would never use them that they made it a campaign promise to show Canadians they were so different from Stephen Harper. With this broken promise, it once again shows that the student has become the master.

While I am on broken promises, I will review some of the other broken promises of the government, such as a revenue-neutral middle-class tax cut. The Liberals said this tax cut would pay for itself by increasing taxes on the wealthiest. Unfortunately, it has not. The tax cut is costing all Canadians $1.2 billion annually from the federal treasury. It is like borrowing against a line of credit and saying we just got wealthier, but it is not.

The Liberals promised modest deficits. They said that annual deficits would be just $10 billion a year, but they blew that out of the water pretty fast. Even with the economy doing well, the Liberal deficit will still be almost 100% higher than they had promised. They promised balance budgets. They said the budget would be balanced, probably balancing itself, with a $1-billion surplus in 2019-20. Now we know they will not commit to a balanced budget ever.

The Liberals promised revenue-neutral carbon pricing. They said the plan would be revenue neutral for the federal government, but we know that is not true because they are charging GST on the provincial carbon taxes, which is expected to cost Albertans and British Columbians almost a quarter of a billion dollars over two years.

On electoral reform, we were famously told that the 2015 election would be the very last using the first past the post balloting system. On this side, we have always said that if the government is going to fundamentally change the way citizens elect their government, there should be a referendum. Therefore, I am not that sad to see this promise broken, but it still shows a pattern.

The Liberals make promises to get elected and then throw the promises under the bus faster than, say, the revenue minister threw Revenue Canada employees under the bus over her mess-up with taxing minor employee benefits.

The government promised an open and transparent government. This one is an omnibus of broken promises.

I will read from the mandate letters to ministers, which state, “You are expected to do your part to fulfill our government’s commitment to transparent, merit-based appointments”. Here are some of the merit-based appointments. The former chair of the Liberal election campaign in Ontario was appointed to an ambassador role. A failed Liberal nomination candidate was appointed to the VIA Rail board. Another failed Liberal candidate, who already said she would run again, was appointed as the director of the Hamilton Port Authority. A Liberal described as a friend of Gerry Butts, who ran twice for the Liberals unsuccessfully, was given a plum government position in San Francisco at double—yes, double—the official pay scale.

The finance minister's mandate letter includes this doozy, “your private affairs should bear the closest public scrutiny. This is an obligation that is not fully discharged by simply acting within the law.” Here we have the finance minister, who, before entering politics, lobbied for a change in the pension system that would benefit his company, Morneau Shepell. What did he do after he was elected and became the country's top financial regulator? He sponsored the very bill he lobbied for before entering politics, but excuses it by saying he was following the letter of the law.

There is also the failed Access to Information Act we debated just recently. The Information Commissioner herself said that she was very disappointed with the act, that it was being used as a shield against transparency, and that it was failing to meet its policy objectives to foster accountability and trust in our government.

I will now move on to Bill C-49. It is unfortunate the government has once again chosen to break its promise and presented yet another omnibus bill to the House.

Bill C-49 is like a game of three card monte. That is where the dealer shows that one of the cards is the target card and then rearranges the cards quickly to confuse the player about which card is which. Except in the case of Bill C-49, instead of the queen of hearts, the minister is presenting the passenger bill of rights as the target. He hides the flaws and omissions of the bill under the guise of passenger protection, referring constantly to the much-reported United Airlines incident where someone was dragged from the plane, as if something like that had happened here.

He also tries to pretend that government regulation is what is needed to prevent those situations in Canada. We all have our own horror stories of airline travel. What would address this issue is not half-hearted regulations, but more competition.

Changing the foreign ownership limit to 49%, up from 25%, is a good start, but why limit it at all? If we want improved service and other issues, then open up the market to more competition. We saw how this worked when WestJet entered the market. Nothing has done more to force better pricing and service from airlines across the country than having WestJet expand across Canada.

Why not focus on this, instead of measures that are rolled out populist-style to take advantage of consumer sentiment influenced by a viral video.

A University of Toronto report has found that relative to Americans, we often pay between 50% and 100% more for comparable travel between Canadian cities. Various expert reviews of the airline industry, including by the Competition Bureau, have recommended allowing a right of establishment for foreign carriers on domestic routes to put pressure on our airlines to improve.

The airlines might argue that foreign carriers would only operate on lucrative routes. However, Canadian carriers are under no obligation to fly to money-losing destinations currently, and there is no proof that the airlines are presently cross-subsidized to operate otherwise unprofitable routes.

One of the problems of this part of the bill is that it amends the Canada Transportation Act with regard to joint ventures, taking away decision-making authority from the Commissioner of Competition, and places the power in the hands of the minister. Yes, giving the minister the power to interfere for political reasons is just what is needed to improve airline service and lower rates—said no one ever.

The CAA, the Canadian Automobile Association, notes that the Bill C-49 relies on a complaint from a passenger in order to trigger action. The Canadian Transportation Agency cannot initiate domestic investigations on its own. Advocates and organizations can not intervene and each complaint is handled as a one-off, adding time and delays.

It is worth noting that the CTA was able to initiate hearings into the recent infamous Air Transat situation only because it concerned an international flight. The CTA would not have the authority, even under Bill C-49, to decide itself to hold a hearing into a similar situation if the flight occurred within Canada. Nor would the CTA be able to examine any broader systemic issues the CTA might note that did not come from a specific complaint and would have to ask the minister for permission to investigate them.

Noted passenger rights advocate, Gabor Lukacs, says the bill is “smoke, mirrors and has no teeth”, and contains no provisions about the enforcement of rights of the passengers. He says, “This strikes me as an an attempt to shield airlines from complaints and further prevent the public from ensuring their right.”:

He says that Bill C-49 contains no provisions about the enforcement and that it passes the buck to the Canadian Transportation Agency to establish standards at some point in the future. What we need is more competition, not relatively toothless regulations basically responding to a United Airlines' video that went viral.

We do not need regulations that will increase airport costs and thus ticket costs, which will happen as airports expand screening services and are permitted to independently decide how to cover costs. We all know how that will end: with consumers paying more.

There is quite a few other issues on this bill. We would have preferred that it be broken up into several bills to address.

It is unfortunate that once again the government is hiding poor legislation in an omnibus bus, and Canadians will be the poorer for it.

Transportation Modernization ActGovernment Orders

October 30th, 2017 / 5:35 p.m.

Liberal

Chandra Arya Liberal Nepean, ON

Madam Speaker, why can my hon. colleague not support the excellent measures proposed in the bill?

The bill would allow foreign vessels to reposition their containers between locations in Canada. This would make Canadian trade corridors more attractive to global logistical companies. It would also allow Canadian port authorities to have access to the Canadian Infrastructure Bank. That would enable them to make critical investments in port infrastructure.

The bill would liberalize the ownership of air carriers, from 35% to 49%, while ensuring that no single foreign entity or group of airlines could own more than 25% of the airline stake. At the same time, it would ensure that speciality air carriers, like firefighting air carriers or aerial photography air carriers, would have no change in foreign ownership. It would still be limited to 25%.

Why can the member not support these excellent measures?

Transportation Modernization ActGovernment Orders

October 30th, 2017 / 5:35 p.m.

Conservative

Kelly McCauley Conservative Edmonton West, AB

Madam Speaker, I outlined a lot of reasons why I could not support the bill. It is an omnibus bill that should have been broken up and presented separately in the House for review. There are quite a few reasons. There are privacy issues with the locomotive voice and video recorder. The Privacy Commissioner said that it could potentially encompass employee output measurement or other performance-related objectives. The bill could open the door to potential misuse of the data or function creep.

The problem with the bill is that it would not do enough to increase competition. Rather than allow more competition, the government seems to think more regulation, more government interference will make Air Canada or WestJet deliver better service. It strikes me as odd. If Liberal members went to a Tim Hortons and saw a lineup, I wonder if they would decide they needed to regulate that as well instead of allowing more competition.

The bill is flawed. It would do nothing to service Canadians better.

Transportation Modernization ActGovernment Orders

October 30th, 2017 / 5:35 p.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, one of the things the legislation addresses in clause 14 is joint ventures and the putting in place of a ministerial component or a political lens.

Does my colleague have any comments on that section?

Transportation Modernization ActGovernment Orders

October 30th, 2017 / 5:40 p.m.

Conservative

Kelly McCauley Conservative Edmonton West, AB

Madam Speaker, my colleague from Peace River—Westlock asked an important question about taking away a non-partisan oversight and handing it to the minister. The government interfered with energy east and killed it. It has interfered in a lot of other things for political reasons.

It would be a disaster if we allowed the government and a minister to decide, for political reasons, what should be decided by the market.

Transportation Modernization ActGovernment Orders

October 30th, 2017 / 5:40 p.m.

The Assistant Deputy Speaker Carol Hughes

Questions and comments, the parliamentary secretary to the government House leader, a brief question, please.