Evidence of meeting #56 for Finance in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was system.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Steven MacKinnon  Minister of Transport
Bijimine  Assistant Deputy Minister, Policy, Department of Transport

Steven MacKinnon Liberal Gatineau, QC

We're also increasing fines, so we're increasing disincentives—or increasing incentives for good behaviour, if you will. Also, yes, we're removing that confidentiality requirement.

We think this is a solid plan that will get us out of this world of more vague criteria and more vague interpretations of the regulations. It's an incentive for airlines to solve these cases quickly, compensate passengers and give them their due if that essential contract has been violated. That will then leave with the CTA what it does best, which is to enforce regulations, inspect and levy fines—levy much harsher fines, it must be said—if the circumstances warrant it.

Ryan Turnbull Liberal Whitby, ON

What I've heard from my constituents is that people feel like they get the runaround. They can't resolve a complaint. They've been treated unfairly, and they can't get compensation for the headaches that they've experienced while travelling. It's really very frustrating for them. It sounds to me like there are improvements on multiple fronts that will incentivize not only quicker resolution but, hopefully, compensation for those passengers whose experience was bad, for whatever reason.

I don't blame airlines for all of the complications in all cases. Sometimes it's for safety or other reasons. It is challenging for them to actually get compensation in a timely manner.

Steven MacKinnon Liberal Gatineau, QC

That is the intent of what we're proposing here today. It's something that is also consistent with the implementation of these regulations in other jurisdictions where they've been through the experiences that we are currently going through—perhaps learning more quickly some of the hard lessons that they've learned—putting in place a system that people view as fair and is seen to be fair.

The Chair Liberal Karina Gould

Thank you, Minister.

Thank you, Mr. Turnbull.

We will conclude the hour with the minister with Mr. Thériault, who will have the floor for two and a half minutes.

Luc Thériault Bloc Montcalm, QC

My pleasure.

The Chair Liberal Karina Gould

If you don't want the time, that's okay. We can stop there.

Luc Thériault Bloc Montcalm, QC

I thought we had run out of time.

Minister, what will the burden of proof be based on when it comes to demonstrating that disruption is out of a carrier's control? Will the onus be on the consumer or the carrier?

Steven MacKinnon Liberal Gatineau, QC

I think that should be objective. There should be criteria that are clear, well established and well understood by everyone to enable the adjudicator or the neutral entity to render an efficient and timely decision.

Luc Thériault Bloc Montcalm, QC

So you would not be open—

Steven MacKinnon Liberal Gatineau, QC

Well, consumers—

Luc Thériault Bloc Montcalm, QC

—to an amendment to put the burden of proof on carriers automatically?

Steven MacKinnon Liberal Gatineau, QC

I think we want to accomplish the same thing, namely, to have clear and objective criteria to ensure a decision can be rendered and that the carrier itself has an incentive to resolve a dispute well before it comes before an adjudicator.

Luc Thériault Bloc Montcalm, QC

That may also have the opposite effect to what you're hoping because it's not quite clear who has the burden of proof. I was sure you were going to tell me the burden of proof lies with the carrier, primarily.

Steven MacKinnon Liberal Gatineau, QC

That means that—

Luc Thériault Bloc Montcalm, QC

I had not yet completed my statement. Let's assume I have a private adjudicator. Do you really think carriers will want to resolve this issue before it gets to an adjudicator? If so, do you think all complainants should have the right to appeal?

Steven MacKinnon Liberal Gatineau, QC

Are you talking about a right of appeal in an alternative dispute resolution system? I don't know what an appeal would offer. Dispute resolution is some sort of appeal if both parties can't reach agreement.

To get back to your earlier comment, I think the burden of proof lies with carriers, precisely because a client experienced delay.

Luc Thériault Bloc Montcalm, QC

That puts my mind at ease.

Steven MacKinnon Liberal Gatineau, QC

Yes. Thank you. That's what I came to do, Mr. Thériault.

The Chair Liberal Karina Gould

We only have 15 seconds left. That's great.

On behalf of the committee, I'd like to thank the minister, Ms. Little and Mr. Bijimine for their time with us today.

Before I let you go, colleagues, I just wanted to provide a slight update on the study on federal spending power. The clerks have exhausted the witness list. If there are additional witnesses for this study, please submit them by 5 p.m. As such, we will not be meeting tomorrow.

We will be meeting again on Thursday. However, we'll be meeting at 9:30 a.m. to begin clause-by-clause on Bill C-31.

With that, seeing that it is the pleasure of the committee, we shall adjourn.