Evidence of meeting #43 for International Trade in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site.) The winning word was carriers.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Bruce Christie  Chief Air Negotiator, Director General of Intellectual Property and Services Trade Policy Bureau, Department of Foreign Affairs, Trade and Development
Marc Rioux  Executive Director, Air Policy, International, Department of Transport

February 2nd, 2015 / 3:30 p.m.

Conservative

The Chair Conservative Randy Hoback

Good afternoon, ladies and gentlemen. It's good to see you all out at our first public meeting of 2015. Pursuant to Standing Order 108(2), our orders of the day involve the study of the positive effects of the global market action plan.

Today we have witnesses from the Department of Foreign Affairs, Trade and Development. Mr. Bruce Christie is the chief air negotiator and director general of the intellectual property and services trade policy bureau. Then from the Department of Transport we have Marc Rioux, executive director of air policy, international.

I understand Mr. Christie has a statement, so, colleagues, we will go into Mr. Christie's statement. I will remind you that we have set aside a little time at the end to do a bit of committee business just to finish off what we did last week.

Mr. Christie, I will turn the mike over to you.

Welcome to both of you.

3:30 p.m.

Bruce Christie Chief Air Negotiator, Director General of Intellectual Property and Services Trade Policy Bureau, Department of Foreign Affairs, Trade and Development

Thank you very much, Mr. Chair.

Members of the committee, I am Bruce Christie, Canada's chief air negotiator, and I am from the Department of Foreign Affairs, Trade and Development. I am grateful for this opportunity today to appear before the committee to discuss Canada's air transport agreements.

With me from Transport Canada is Marc Rioux, whom you have already been introduced to, who is executive director of air policy, international.

Mr. Chairman, over the next few minutes I'll provide an overview of Canada's air transport agreement program and the blue sky policy and its alignment with Canada's broader international trade agenda, namely the global markets action plan, or GMAP as we call it, and its role in advancing Canadian business interests at home and abroad.

Canada's vast geography, low population density, and trade-focused economy drive a reliance on the air transport sector. As a trading nation far from important overseas markets, Canada relies on air carrier service through Canadian airport hubs to support economic growth and long-term prosperity.

The air sector directly employs 140,000 Canadians and annually contributes over $35 billion to our GDP and $12 billion to federal and provincial treasuries. Canada's relatively small internal market means that growth prospects for the industry are limited unless it competes in global markets. However, Canadian carriers operate in a deregulated, user-pays aviation system in Canada, unlike many of the international competitors, including U.S. airlines, whose national and subnational governments support their domestic aviation.

These characteristics create challenges for this strategic sector of the Canadian economy.

Through the negotiation of bilateral air transport agreements, or ATAs with other countries, the government helps Canadian carriers compete internationally by facilitating their access to new markets and supporting a stable “doing business” environment as well as helping Canadian airports market their services to Canadian and foreign airlines. When new or expanded air services are launched, the whole Canadian economy benefits.

The Chicago convention signed in 1944 established a legal framework for the provision of international air services and created the International Civil Aviation Organization or ICAO, which is headquartered in Montreal. A byproduct of this convention, which Canada and 190 other states signed, is the negotiation of bilateral air transport agreements that govern the provision of international air services.

The primary issues covered by an ATA include: operating rights, for example, the city served and frequency of flights; the rules for doing business, like access to airport facilities and the avoidance of double taxation; and provisions dealing with pricing, safety, security, and dispute resolution. Once they enter into force, ATAs become treaties under international law.

It is important to understand that ATAs simply establish a legal framework within which Canadian and foreign carriers make decisions based on their own commercial interests. In this sense one should not confuse air rights with air services. In a large number of cases, air rights are available but are not being used by carriers. Consequently there is a significant unused capacity in our suite of ATAs. This means that new or expanded air services could be launched in the short term without the need to negotiate the relevant ATA. This also means that non-open ATAs are not automatically restrictive.

Canada has a long history of successful ATA negotiations. Most recently in 2006 the Government of Canada modified its approach and adopted a more proactive approach to liberalization of ATAs and the negotiation of open sky-type agreements where doing so is in Canada's overall interest. This is called our blue sky policy.

The main objectives of the policy are to ensure long-term and sustainable competition for the benefit of consumers across Canada, to provide opportunities for Canadian airlines and airports to grow and compete internationally, to support Canada's international trade objectives as well as business- and tourism-sector priorities, and to ensure a safe, secure, efficient and economically viable air sector. The blue sky policy does not advocate a one-size-fits-all approach to air transportation negotiations and recognizes that in some instances it is justified to be more prudent, especially where there are concerns about a level playing field or where new services run the risk of destabilizing existing ones valued by Canadian communities.

The implementation of the blue sky policy requires interdepartmental coordination among Transport Canada; the Canadian Transportation Agency; and Foreign Affairs, Trade and Development Canada.

The Minister of Transport is responsible for the overall implementation of the blue sky policy, with mandates approved by both the Minister of Transport and the Minister of International Trade. While I report to both ministers, my role as chief air negotiator resides at the Department of Foreign Affairs, Trade and Development, which maintains the negotiation lead for ATAs.

Since its inception, the policy has become an important vehicle to promote connectivity between all Canadian regions and the world. It has also provided Canadian consumers with more choices in terms of destinations and the number of direct flights. Since November 2006, Canada has concluded new or expanded ATAs covering 80 countries. Including pre-blue-sky open skies agreements with the U.S., Canada has now concluded open agreements with over 44 partners, including the 28 member states of the European Union, with which we have a comprehensive agreement. We also have expanded agreements with 20 countries and first-time agreements with 21 countries.

As of October 2014, the open agreements we have concluded cover approximately 72% of Canada's international passenger traffic. Canada has also concluded with or offered an open agreement to countries representing about 91% of Canada's overall international two-way merchandise trade. Currently, about 2% of Canada's overall international passage traffic is under agreements or arrangements that contain practical constraints on airlines' commercial plans. Since 2006, the number of bilateral partners has gone from 73 to 112, which amounts to a 58% increase.

There is strong alignment between the government's air transport agreement negotiating agenda and its international trade agenda, specifically the global markets action plan, or GMAP. You will recall that GMAP is Canada's blueprint for creating jobs and opportunities for Canadians through trade. It consists of comprehensive action plans to advance the interests of Canadian businesses in a specific group of key markets and priority sectors.

GMAP identifies three types of priority markets: emerging markets with broad Canadian interests, such as Brazil, China, or Korea; emerging markets with specific opportunities for Canadian businesses, such as Kuwait and Panama; and established markets such as the EU, the U.S., and Japan. It also identifies 22 priority sectors, including transportation and tourism.

Of the 50 markets listed in the GMAP, there are only five with which we do not already have or are not seeking to negotiate an air agreement, and the main reason for this is that these markets are too small to sustain viable own-aircraft services. Of the 21 new or expanded air agreements concluded in 2013 alone, 11 were with GMAP markets.

ATAs are an essential facilitator of trade, supporting the sectoral action plans under the GMAP both directly and indirectly. For example, ATAs also cover cargo flights, which allow for the transportation of time-sensitive, high-value goods to and from Canada. Provisions in ATAs provide for more convenient and diverse travel options for Canadian engineers, lawyers, and consultants who need to travel abroad to provide their services. Finally, this directly supports Canada's tourism and higher education sectors, providing access for tourists and international students coming into Canada. In this regard, Canada has ATAs with all of our target markets identified for tourism in the GMAP.

For the first time this year, Canadian officials consulted with key business organizations—namely, the Canadian Council of Chief Executives, the Canadian Manufacturers and Exporters association, and the Canadian Chamber of Commerce—in the development of the ATA negotiating strategy for 2015. Involving these important stakeholders at the planning stage of our negotiating agenda will help to ensure that the air connectivity interests of our business community are taken into account and that our ATA program is aligned with Canada's trade objectives.

Canada will continue to seek more ATAs to promote the interests of Canadian consumers, as well as our trade and tourism sectors. The outcome of future negotiations will continue to support a range of federal government policies, such as the economic action plan, the global commerce strategy, the federal tourism strategy, gateways and corridors initiatives, and the Americas strategy.

In conclusion, Mr. Chairman, my colleague Marc and I would be delighted to respond to any of the questions you or members of the committee might have on Canada's ATA program, its blue sky policy, and its role in facilitating Canada's trade agenda.

Thank you very much.

3:40 p.m.

Conservative

The Chair Conservative Randy Hoback

Thank you, Mr. Christie.

I'll turn the floor over to Mr. Davies. You have seven minutes.

3:40 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Thank you, Mr. Chairman.

Thank you, Mr. Christie and Mr. Rioux, for being with us today.

I'll start with some basics. As you know, this is the beginning of our study and I think that nailing down some basic understanding would be helpful for all of us on this committee. I'll start with open skies agreements. Can you briefly describe for us what are the core features of an open skies agreement? What does it do?

3:40 p.m.

Chief Air Negotiator, Director General of Intellectual Property and Services Trade Policy Bureau, Department of Foreign Affairs, Trade and Development

Bruce Christie

Basically an open skies agreement is akin to a free trade agreement, where we remove any restrictions between our national carriers to be able to fly into each other's markets, the number of destinations they can fly to, the frequency of flights per week, and the amount of cargo they can carry between the markets. It's basically an open agreement that covers all of the basic air freedoms under an air transportation agreement, with the exception of cabotage, the ability to pick up passengers in a second market and carry them within domestic destinations in that market.

3:40 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

On the website of Foreign Affairs, Trade and Development Canada it differentiates between open skies agreements and expanded agreements. Can you tell us what the core features of an expanded agreement are, and perhaps how that differs from an open skies agreement?

3:40 p.m.

Chief Air Negotiator, Director General of Intellectual Property and Services Trade Policy Bureau, Department of Foreign Affairs, Trade and Development

Bruce Christie

Under this blue sky policy that I outlined in my opening remarks, if it's in Canada's interest right off the start to negotiate an open-skies type of agreement, then we would propose that option to the other country.

But in some cases what we would prefer to do is to follow a more incremental approach. For example, we would start with a code-share agreement that doesn't afford our airlines the opportunity to fly into each other's markets, but it allows our airlines to code-share with other airlines that do fly into those markets. From there we test the market, we test what we feel would be the amount of air passenger traffic the market would bear, while we're promoting these new markets through our domestic carriers.

An expanded agreement is more of a graduated approach where we build on the air services rights that our carriers have by starting with the basic agreement, which is a code-share agreement, and then negotiating supplemental agreements that include additional numbers of frequencies and destinations and other air transport rights.

3:45 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

If I can just drill into open skies agreements, approximately how many open skies agreements did we have in 2006?

3:45 p.m.

Marc Rioux Executive Director, Air Policy, International, Department of Transport

In 2006 we had two.

3:45 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

How many do we have in 2014, which I think is your latest data?

3:45 p.m.

Executive Director, Air Policy, International, Department of Transport

Marc Rioux

We now have open agreements that cover 44 countries, so those are the open skies agreements, plus the comprehensive agreement that covers all of the 28 EU member states.

3:45 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

That number of 44 includes the 28 EU countries?

3:45 p.m.

Executive Director, Air Policy, International, Department of Transport

3:45 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

You pointed out some of the intended goals and hoped for benefits we'd get: expanded competition, greater consumer selection, and I guess we are always looking for reduced costs. Is there any study you've done that has tracked the performance of these open skies from 2006 to 2014 so that we can determine how we're doing in that regard?

3:45 p.m.

Executive Director, Air Policy, International, Department of Transport

Marc Rioux

We have not done a study of each open skies agreement to see what has changed afterwards; however, we have some numbers in terms of the new services and the new destinations that have resulted from the implementation of the blue sky policy in general, but not specific to each open skies agreement.

3:45 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

What about an aggregate? What I'm trying to get at, and I think what the committee members would like to know is, if we've brought in this policy—and it sounds like we've ramped up incredibly the number of open skies agreements, going from two to 44 countries in the space of eight or nine years—are there any metrics that we can point to or that you can show us to determine what the impact of those agreements are, or is it too early to tell?

3:45 p.m.

Executive Director, Air Policy, International, Department of Transport

Marc Rioux

No. There are numbers we could provide to the committee. We'd like to do that.

3:45 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Could you please provide those? Whatever metrics you have would be helpful to us.

Mr. Christie, you mentioned cabotage, and I was going to ask; it's always a concern. I take it that neither the open skies agreements nor the expanded agreements relate to cabotage, the ability for domestic carriers to carry passengers within Canada. Is that right?

3:45 p.m.

Chief Air Negotiator, Director General of Intellectual Property and Services Trade Policy Bureau, Department of Foreign Affairs, Trade and Development

Bruce Christie

That's correct.

3:45 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

The following quote on the website says, “Only 3% of Canada’s overall international passenger traffic is under agreements/arrangements that impose practical constraints on airlines’ commercial plans.”

I'm wondering what those “practical constraints on airlines’ commercial plans” are.

3:45 p.m.

Executive Director, Air Policy, International, Department of Transport

Marc Rioux

To explain where this number comes from, the metric we use to estimate the size of a bilateral air travel market is the number of one-way trips. If you take a plane from Canada to another country, that's a one-way trip. If you return to your home, that's another one-way trip.

On average the size of the pie, if you will, in a year for Canada is about 40 million one-way trips.

We now have 112 or so partners. If you go through each of these arrangements or agreements, you will identify a small number where a carrier, either a foreign or a Canadian carrier, would like to do more than it is doing today but cannot because of the agreement. There is a very small number of those arrangements and agreements.

If you take them and put them together, look at the bilateral market we have with each of these partners and add it together, it amounts to about 2% or 3% of the 47-million one-way trips that I talked about earlier.

The point of the statistics is to show that our skies are open to competition. Foreign carriers come here. We have a lot of open agreements. But we also have a lot of agreements, even though they're not of the open-skies type, that do not prevent carriers from doing more than they are doing today.

3:45 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Do I have time for one more quick one, Mr. Chairman?

3:45 p.m.

Conservative

The Chair Conservative Randy Hoback

No. I'm sorry, Mr. Davies. You're out of time.

Mr. Gill.

3:45 p.m.

Conservative

Parm Gill Conservative Brampton—Springdale, ON

Thank you, Mr. Chair. I also want to take the time to thank our witnesses for being with us and helping us with this important study.

In your remarks, Mr. Christie, you mentioned that one should not confuse “air rights” with “air services”. I'm wondering if you could elaborate on that.

3:45 p.m.

Chief Air Negotiator, Director General of Intellectual Property and Services Trade Policy Bureau, Department of Foreign Affairs, Trade and Development

Bruce Christie

We have air rights that we negotiate in an air transportation agreement.

For example, we could negotiate an allowance or right to give both our airlines the opportunity to fly into each other's market five times per week. But under that agreement, Air Canada, as an example of one carrier, may not be flying into that market, yet it still has the right to fly in five times a week, whereas the foreign carrier is flying into Canada five times a week. They have the rights, but they're not taking advantage of these air services because for commercial reasons one airline decides it's not the right time to launch these air services in the market. In those cases, if in this example Air Canada decided to launch flights three times a week to that market, we wouldn't have to renegotiate an agreement because the rights already exist, but they haven't been taking advantage of them.