Enhancing Transparency and Accountability in the Transportation System Act

An Act to enact the Air Transportation Accountability Act and to amend the Canada Transportation Act and the Canada Marine Act

Sponsor

Omar Alghabra  Liberal

Status

Second reading (House), as of Nov. 21, 2023

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-52.

Summary

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

Part 1 of this enactment enacts the Air Transportation Accountability Act , which creates a statutory framework to increase transparency and accountability in the air transportation sector, including by
(a) establishing requirements respecting the provision of information to the Minister of Transport by airport operators, air carriers and any entity providing flight-related services;
(b) requiring that airport operators take measures to help Canada meet its international obligations in respect of aeronautics, in accordance with directions issued by the Minister of Transport;
(c) authorizing the Governor in Council to make regulations respecting the development and implementation of service standards related to flights and flight-related services, including a dispute resolution process in respect of their development and publication requirements for information related to compliance with those standards;
(d) establishing requirements in respect of noise management committees and setting out notice and consultation requirements relating to aircraft noise;
(e) establishing requirements for airport authorities to create plans respecting climate change and climate change preparedness and authorizing the Governor in Council to make regulations respecting reporting requirements for those plans;
(f) requiring airport authorities to publish information respecting diversity among directors and senior management;
(g) providing a process by which to make complaints respecting notice and consultation requirements in relation to aircraft noise; and
(h) providing for an administration and enforcement mechanism that includes an administrative monetary penalty framework.
Part 2 amends the Canada Transportation Act to, among other things,
(a) authorize the Governor in Council to make regulations requiring certain persons to provide information for the purpose of supporting a transportation system that is accessible without undue obstacle to the mobility of all persons;
(b) allow the Minister of Transport and the Canadian Transportation Agency to make this information public; and
(c) authorize the Governor in Council to make regulations respecting a process for dealing with complaints relating to accessibility in relation to the transportation of persons with disabilities.
Part 3 amends the Canada Marine Act to, among other things,
(a) add principles that a port authority must observe when fixing port fees and a fee-related complaints process that is to be administered by the Canadian Transportation Agency;
(b) authorize the Governor in Council to make regulations respecting alternative dispute resolution in regards to disputes arising in respect of a lease relating to the operation of a port terminal; and
(c) allow the Agency to make rules respecting the fees to be paid in relation to the administration or enforcement of any provision of Part 1 of that Act, or the regulations under that Part, the administration or enforcement of which is the responsibility of the Agency.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-52s:

C-52 (2017) Supporting Vested Rights Under Access to Information Act
C-52 (2015) Law Safe and Accountable Rail Act
C-52 (2012) Law Fair Rail Freight Service Act
C-52 (2010) Investigating and Preventing Criminal Electronic Communications Act

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-52 aims to improve accountability and transparency in the Canadian transportation system. It proposes an air transportation accountability act to set service standards for airports and air service providers, requiring them to report on their performance and consult with the public on aircraft noise. The bill also includes amendments to the Canada Transportation Act to improve accessibility for persons with disabilities and to the Canada Marine Act to enhance transparency and accountability for port authorities in setting fees.

Liberal

  • Enhancing transportation accountability: The Liberal party introduced Bill C-52, the enhancing transparency and accountability in the transportation system act, to address accountability, transparency and accessibility concerns within the transportation sector.
  • New air transportation act: Part one of the bill proposes a new air transportation accountability act which would authorize regulations for airports, airlines, and operators to create service standards related to passenger flights, and make public their performance against these standards.
  • Improving accessibility: Part 2 of the bill introduces amendments to the Canada Transportation Act to support a barrier-free transportation system for persons with disabilities, addressing the barriers and lack of accountability they face. The bill would enable regulations related to data collection on key accessibility metrics and handling accessibility complaints.
  • Port authority transparency: Part 3 of the bill introduces amendments to the Canada Marine Act to enhance transparency and accountability for Canada’s port authorities in how they set their fees, requiring them to follow certain principles and establishing a dispute resolution process.

Conservative

  • Bill does not deliver: The Conservatives believe the bill is more about press releases than real action. Members note the bill's vague language and significant latitude given to the Minister and Governor in Council to enact wide-sweeping regulations.
  • Missed accountability opportunity: The Conservatives argue accountability should extend beyond airlines to include CATSA, Nav Canada, airports, and the CBSA. The party believes all federally regulated entities in the air passenger system should be held accountable and passengers compensated when these entities cause delays and cancellations.
  • No CTA backlog solution: The Conservatives are concerned about the growing backlog at the Canadian Transportation Agency (CTA). They argue the bill does not address the backlog or hold the CTA accountable for processing delays, and propose the CTA should also be subject to data sharing and service standards.
  • Ministerial power grab: The Conservatives criticize the bill for being a hollow shell, with major components to be decided later by the minister and cabinet through regulation. They view it as another example of the Liberal government's tendency to centralize power and circumvent Parliament.

NDP

  • Supports bill moving forward: The NDP supports Bill C-52 moving to the committee stage, recognizing the need for improved accountability and transparency in air travel, particularly regarding airplane noise, accessibility for persons with disabilities, and post-pandemic air travel issues.
  • Needs stronger standards: The bill lacks teeth in establishing standards or enforcing accountability to protect people or the environment. The NDP wants established guidelines for how the new data-sharing provisions will be used to effect positive changes in the sector and believes the government should develop and implement service standards to ensure consistency across the sector.
  • Accessibility improvements needed: The NDP emphasizes the need for accessibility improvements for persons with disabilities, citing incidents of disrespect and lack of accommodation in air travel. They support a consultation process with the disability community regarding accessibility regulations and a new accountability process for accessibility complaints.
  • Address airplane noise: The NDP advocates for addressing airplane noise pollution by expanding representation on noise management committees, implementing World Health Organization standards on noise around airports, making Transport Canada's existing data on airport noise public, and improving data collection on ground-level airport noise.

Bloc

  • Support with reservations: The Bloc Québécois will support Bill C-52 to study it closer in committee and improve it, but they have many reservations. They believe that the bill is trying to resolve various problems that have arisen at our airports since air traffic has resumed, which is a good thing.
  • Service standards needed: The Bloc believes the intention to set service standards is good and will ensure that airlines treat people with respect and dignity, such as providing food and hotel rooms when flights are delayed. They are concerned that the government does not set standards for itself and the endless wait times at customs and security.
  • Airport noise management: The Bloc supports the bill's requirement that airport operators establish a noise management committee, which will be responsible for dealing with complaints from the public and giving notice with respect to noise alterations. They are aware that this remains a serious and deep-rooted problem and want the government to take this a little further.
  • Regulation concerns: The Bloc is concerned that airport obligations are determined by regulations, meaning the government will not have to be accountable to the House. They believe this creates uncertainty for the industry and leads to a concentration of powers in the hands of the minister, contrary to the separation of powers necessary for a healthy democracy.
Was this summary helpful and accurate?

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 3:45 p.m.

The Deputy Speaker Chris d'Entremont

I would ask the hon. member to make sure to keep his earpiece as far away from the microphone as he can.

The hon. parliamentary secretary. I will allow him to start from scratch.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 3:45 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the question is with respect to the Conservative Party and its approach to legislation.

Today, the debate is on legislation that is obviously going to help Canadian travellers. Conservatives say they support certain aspects in it, but they are voting against it. They do not want it to go to committee, it would appear. It is much like the vote we just had, and they voted against the Canada-Ukraine trade agreement. It is unbelievable. Why? They say they have some problems with it, yet on the other hand, they say they are international trade supporters.

My question for the Conservatives today is this. Why are they not consistent with respect to their votes on issues here on the floor of the House of Commons? They seem to be very reckless.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 3:45 p.m.

Conservative

Gerald Soroka Conservative Yellowhead, AB

Mr. Speaker, I have to admit that the hon. member for Winnipeg North sure does talk a great game about how great the Liberal government is doing. However, even he has said it appears we are going to be making it better for air transportation passengers, but is it truly? No. That is the problem.

We gave the response that, yes, we would support the bill, in concept, because it could potentially help air transportation passengers, but that is the problem. It only looks like it is going to do it; it is not actually going to accomplish it. It is only going to come back with more regulations. What a surprise. That is the problem with our air transportation system already. It is highly burdened with over-regulation. We do not need more. We need short, clear, concise situations where passengers would know their rights, and the people who would be doing it would be upholding them.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 3:50 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, as the Bloc Québécois has pointed out, Bill C‑52 gives the Minister of Transport a lot of freedom to proceed by regulation. That is raising many concerns among stakeholder organizations. As lawmakers, it allows us less control in performing our opposition role or in monitoring whether what is there is good, while giving the Minister of Transport too much power to introduce measures.

Will this really permit the creation of an advisory committee on the issue of noise in communities located near airports? Are the airports really going to prepare a plan to limit pollution? If the minister proceeds by regulation and if we have less power as lawmakers, we will not be able to properly carry out our opposition role.

I would like to know what my colleague thinks about these drawbacks.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 3:50 p.m.

Conservative

Gerald Soroka Conservative Yellowhead, AB

Mr. Speaker, the hon. member has brought up very good points. There is a lot of ambiguity with this, because we do not know how much power the minister would grant himself or herself, nor what kinds of rules or regulations would need to be followed.

Also, is it going to truly protect not only the rights of air passengers but also the rights of the public, as she mentioned, with respect to noise pollution on the ground?

There is so much in the bill that needs to be addressed at committee, and I look forward to it being sent back to committee as quickly as possible.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 3:50 p.m.

Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, it is always a privilege to rise on behalf of the residents of Kelowna—Lake Country.

Today, I rise to speak to the government's legislation, Bill C-52, enhancing transparency and accountability in the transportation system act. The bill was initially introduced by the former minister of transport. Bill C-52 has far-reaching implications for Canada's transportation system, and as the official opposition, it is our duty to ensure it will truly meet the serious and ongoing concerns many Canadians have within the transportation sector.

The bill proposes to set publicly reported service standards for private sector companies and government agencies responsible for air travel at Canada's airports almost exclusively through regulations, which would be created by the minister and the cabinet.

Furthermore, it proposes to require airport authorities to formalize noise consultation processes and environmental standards, and to publish information on their directors and senior management. Finally, Bill C-52 aims to amend the Canada Marine Act regarding the setting of fees by Canadian port authorities.

First and foremost, the timing of the bill's introduction raises concerns. Bill C-52 was presented on June 20, just one day before the House recessed for the summer. That raises questions about the government's motivations and intentions. It is essential to consider whether the timing was chosen to deflect attention from previous travel-related crises and to create an impression of swift action.

Between the summers of 2022 and 2023, Canadian travellers faced a disastrous travel season with numerous flight cancellations and unacceptable delays. Previous to that was the disastrous mismanagement of passports that affected travellers, but that is a whole other issue. In particular, the Christmas travel season last year brought further chaos and frustration in airports. Those events highlighted the need for significant improvements in our transportation system.

However, the Liberals are focusing on announcements and consultations rather than delivering tangible results for Canadian travellers. What is their solution? It is to empower themselves further.

One of the most pressing issues within our transportation system is the backlog of complaints with the Canadian Transportation Agency, the CTA. This backlog has grown by 3,000 complaints per month and has resulted in a staggering 60,000 complaints now waiting to be adjudicated.

That backlog represents thousands of Canadian passengers who had their travel experiences disrupted or delayed, or had some form of service situation, and all those people are awaiting resolutions. Those passengers have been unable to resolve their compensation claims with airlines, and they have now been asked to wait over 18 months to have their complaints considered by the Canadian Transportation Agency.

This adds insult to injury and prolongs what could be serious problems. People are out-of-pocket, and airlines are not being held accountable for mismanagement and poor service.

Most recently, we heard damning reports of Air Canada's and WestJet's treatment of passengers with disabilities. For Air Canada, in one case in May, two employees, instead of being trained on the proper equipment, attempted to physically lift a passenger but ended up dropping him. In another report, a woman's ventilator was disconnected and a lift fell on her head. A man was forced to physically drag himself off a flight in Vancouver. Air Canada admitted it had violated federal accessibility regulations.

We heard that those passengers got notice, forgiveness and, hopefully, amends to which they are entitled, and Air Canada said it would be looking to ensure proper compliance. I am looking forward to ensuring that Air Canada's CEO will be appearing before the human resources committee I serve on, as we have called for him to testify and to explain to Canadians exactly how this airline intends to comply.

The latest example was from WestJet where a Paralympian was forced to lift herself up the stairs to the plane. It was reported that she commented that she was frustrated and humiliated, and there was a ramp within 50 metres.

All those situations are disturbing, disappointing and unacceptable for persons with disabilities to have gone through. Unfortunately, Bill C-52, which we are debating here today, does not provide solutions to eliminate the complaints backlog or set specific service standards within accountability mechanisms.

Federally regulated entities involved in air travel must also be held accountable for delays or cancellations. They include airlines, airports, the Canadian Air Transport Security Authority, Nav Canada and the Canada Border Services Agency. However, this legislation falls short of those expectations.

While the bill addresses some aspects of accountability and transparency, it fails to hold all relevant entities responsible for ensuring smooth and reliable air travel. A comprehensive approach to accountability should encompass all stakeholders involved in the travel experience. One of the significant concerns with Bill C-52 is the concentration of power in the hands of the minister and the cabinet to develop regulations in the future.

While regulatory flexibility can be useful, this bill does not include concrete improvements in legislation. We see this often with the Liberal government, where so much is left to regulation, which leads to uncertainty and lack of transparency. We saw this with the Internet censorship bill, Bill C-11, and with the disability benefits bill. Instead, this legislation relies on promises of future regulations, which raise concerns about vagueness and the potential for arbitrary decision-making. It is not even a band-aid. It is an IOU for a band-aid.

In a matter as critical as transportation where there is essential service provided, and the comfort and convenience of the Canadian people are at stake, it is crucial that regulations are well defined and not left to the discretion of the government and the minister of the day. The lack of this clear direction with specific remedies in this bill to address the long-standing problems in our transportation system is a significant shortcoming. While the bill aspires to enhance transparency and accountability in the transportation system, it fails to deliver. It fails to provide the concrete solutions to the issues that have been plaguing the system for years. As for the results and who will be held accountable, there are no answers in this legislation.

We need legislation that not only identifies problems but also provides tangible solutions. It is our responsibility as legislators to ensure that any legislation passed is effective and beneficial to the Canadian people. Bill C-52, as it stands, is lacking.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 4 p.m.

The Speaker Greg Fergus

I apologize for interrupting the member for Kelowna—Lake Country in the middle of her speech.

It being four o'clock, pursuant to an order made Thursday, November 9, I now invite the hon. Deputy Prime Minister and Minister of Finance to make a statement.