Evidence of meeting #55 for Transport, Infrastructure and Communities in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was sms.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Franz Reinhardt  Director, Regulatory Services, Civil Aviation, Department of Transport
Susan Stanfield  Legal Counsel, Department of Transport
Merlin Preuss  Director General, Civil Aviation, Department of Transport

5:25 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Chairman, please don't play games with me. I could tell you all kinds of other things, but I don't want to do so. I want to ask questions of these people and I want to get answers, that's all. Do I have the right to do so? If I don't, please tell me, but if I do, I would like you to listen to me.

5:25 p.m.

Conservative

The Chair Conservative Merv Tweed

You have that right.

5:25 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Thank you, Mr. Chairman.

Mr. Reinhardt, you are trying to tell me that if, at the end of an investigation into an accident, the minister is not obliged to protect all the information, or if the information is not protected, the entire system will not work.

5:25 p.m.

Director, Regulatory Services, Civil Aviation, Department of Transport

Franz Reinhardt

Mr. Laframboise, you are talking about cases involving accidents. Unfortunately, the minister never investigates accidents. That's the job of the Transportation Safety Board.

5:25 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Fine, I'm sorry.

5:25 p.m.

Director, Regulatory Services, Civil Aviation, Department of Transport

Franz Reinhardt

The Transportation Safety Board is authorized to obtain any information it deems necessary. The minister never investigates accidents.

5:25 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Perfect. So when confidential files end up on the minister's desk, it's because something happened. Give me some examples.

5:25 p.m.

Director, Regulatory Services, Civil Aviation, Department of Transport

Franz Reinhardt

After a verification or an inspection, which is usually conducted into a company's SMS, it is possible that the minister reports on information contained in the company's voluntary reporting process. That information would be protected, as it would be within the company. The protection exists to gain the trust of the employees and to guarantee that they can come forward with information without fear of reprisals, that the issue will remain between them and the company, and so that corrective measures can be taken to improve airline safety.

So these are all the protections which exist. We are acting in good faith. Should a tribunal ever subpoena information, it could do so. If the minister needed information for safety purposes, he could block out the identity of the people involved and use that information. If the minister needed information to shut down a company, he could also do so. It is therefore the best of both worlds. The minister can use the information, as long as it is not used to identify the people involved and to take reprisals against them.

5:25 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

No, but—

5:25 p.m.

Director, Regulatory Services, Civil Aviation, Department of Transport

Franz Reinhardt

This is not at all the voluntary system which Mr. Julian was referring to. It's completely different.

5:25 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

The point is to protect the company's information and also to protect its employees. It is quite possible to protect the system as it is. There are many clauses and we will review them one by one later on. I have no objection to protecting employees. Rather, I'm wondering about the public's right to know. Will that never happen?

June 4th, 2007 / 5:30 p.m.

Merlin Preuss Director General, Civil Aviation, Department of Transport

France has been answering the same question in the same way. If you go back to the intent of proposed section 5.392, it talks about information gathered under SMS, and that is non-critical information in terms of a major incident or an accident. It is critical information to prevent an incident or an accident. If it's reportable, it can't be protected because it didn't come through the process. This is information gathered through the reporting system, demanded by the SMS. If it's a reportable incident, it's in the public domain and it's handled differently. If it's an accident, it's in the public domain. It's handled differently--the coroner's involved, the safety board's involved. They have all the powers in the world. This is the basic information on hazards that's being protected.

Proposed section 5.392 says “collected under this process”--in other words, the SMS process--not collected by Nav Canada under the CADORS process, not collected by the safety board through their accident investigations. This is the basis of the SMS. It's the small things that are prevented from growing. If that information comes into our hands by one means or another in the department, we want it to be protected, because it goes right back to the individual who reported the minor infraction, the minor error, the non-mandatory reportable incident, which will come to light as it does today. If we don't give them some sort of protection, as France has said many times, we will choke off a source of valuable data to improve the safety performance in this country.

5:30 p.m.

Conservative

The Chair Conservative Merv Tweed

Monsieur Bélanger.

5:30 p.m.

Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Mr. Chairman, I have to disagree somewhat with the words of the parliamentary secretary in terms of “we've heard it all”. I have to acknowledge and recognize, as I have already on a number of occasions, the willingness of the government to bring forward amendments. I think the legislative process calls for a continuous exchange, an ongoing exchange, until there's satisfaction that we've got pretty well the whole picture, then people will decide yes or no. As long as there are legitimate questions, I believe the debate is useful.

After all, brain storming can lead to great ideas, if I may put it that way.

I really don't like the idea of being prevented from speaking because debate is cut off, or when debate goes on for an inappropriate length of time. But I have the impression that that's what we are headed for. I personally think the discussion is just beginning. I hope so for Mr. Laframboise's sake.

I'll tell you how I got to this point. At a meeting with the officials, I asked as many questions as I could. I am satisfied with what Mr. Preuss has just said, namely that the government would normally not have the information referred to in these provisions, except in the three specific circumstances, that is, when the identities of the people involved have been removed, when a case is before the courts, or when other organizations impose disclosure, or in cases which fall under subsection 7.1. So information can be disclosed in certain circumstances, but which would not exist if there were no safety management systems.

So I accept the argument, and I can tell you that I am doing so because of an amendment you moved and which was adopted by the committee. It says that there shall be a review in the three years following the coming into force of these provisions. Perhaps this condition put everyone's mind at ease. I realize that the review applies to clauses 5.31 and 5.38. Perhaps we should introduce a provision imposing a mandatory review in five years. The minister will obviously have a ton of information after receiving all the reports on the safety information systems. At that point it can be decided whether or how any information was disclosed.

For now, what has helped me understand and accept the amendments—and I hope I am right about this—is the fact that we will be dealing with information which the government would otherwise not have. Apart from the possibility that the information may be made public, under other statutes the government must report on the information. This may make air travel even safer. That is why I support this idea. It was important for me to say so. In these circumstances, I am satisfied and ready to move forward. I also think we must respect all parliamentarians sitting at this table. If some members have legitimate questions, they should be allowed to ask them, even if that means sitting extended hours or more often, Mr. Chairman.

Thank you.

5:35 p.m.

Conservative

The Chair Conservative Merv Tweed

Mr. Bell.

5:35 p.m.

Liberal

Don Bell Liberal North Vancouver, BC

Thank you.

I'm trying to clarify my understanding of what we're doing. I'm relating it, I guess, to the rail safety issue, and that's what I would like. I realize that's not your area directly. But I'm referring to proposed section 5.392 in the binder we have here, and I'm looking at proposed subsection 5.392(1), which says, “any information disclosed under the process”. I'm thinking of the audit that was ordered against the rail companies, and I'm seeing a parallel here. If it says “becomes confidential”, I have a problem in that the rail information couldn't be made available to this committee and public at the time because it was a third party. What I see here is saying that if an audit is ordered—I thought I heard you earlier use the term “audit”—it would remain confidential.

5:35 p.m.

Director, Regulatory Services, Civil Aviation, Department of Transport

Franz Reinhardt

No. They are two different processes. What you're talking about, the rail audit conducted...if we conducted an air audit like this, the information would be available. Here, under this process, this is the internal SMS reporting process between employer and employee, something totally different.

But if, when we inspect, we happen to have information that may come on our premises, it's still protected, because these people know that if the information is released now they will not do it in the future. In an airplane, when the pilot or the co-pilot realizes there is a problem and reports it, the passengers would be very happy to have the pilot report the problem so that it can be fixed, rather than say, “I'm not going to do this because I made a blunder here and I'm going to have reprisals against me.” So you want them to report.

So this is the type of information that will be reported. When a special audit is called, like the CN-type of audit, it is a totally different process. It is not the same process that you have here.

5:35 p.m.

Liberal

Don Bell Liberal North Vancouver, BC

Okay, but the reference, too, says that if they have a management system in process, that is not a protection for them. It's only if that information comes into that process?

5:35 p.m.

Director, Regulatory Services, Civil Aviation, Department of Transport

Franz Reinhardt

I want to make sure I understand your question.

5:35 p.m.

Liberal

Don Bell Liberal North Vancouver, BC

Proposed section 5.392 talks about if “a holder...has a management system with a process that requires or encourages”. I'm referring to the rail companies. They have an SMS program.

5:35 p.m.

Director, Regulatory Services, Civil Aviation, Department of Transport

Franz Reinhardt

They do, but it's not identical to what we have on the air side. I'm not sure, with all due respect, that they have as sophisticated a process as we have here.

5:35 p.m.

Liberal

Don Bell Liberal North Vancouver, BC

In fact, we made reference during a discussion to how superior the Aeronautics Act was to the Rail Act, and we're looking at beefing up the Rail Act in comparison.

5:35 p.m.

Director, Regulatory Services, Civil Aviation, Department of Transport

5:35 p.m.

Liberal

Don Bell Liberal North Vancouver, BC

I just want to make sure that we're not creating, in fact, an out here.

5:35 p.m.

Director General, Civil Aviation, Department of Transport

Merlin Preuss

I think maybe the way to clarify that is to ask what is the source of the information that we're speaking about, and it is from the employees. The process is for employees to report. The source is the employees. It's not a formalized audit. Anything that's generated by Transport Canada by way of an activity is totally transparent. It's ATIP-able.