Evidence of meeting #41 for Transport, Infrastructure and Communities in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was chair.
A recording is available from Parliament.
Caroline Fobes Deputy Executive Director and Senior Counsel, Department of Public Safety and Emergency Preparedness
Currently the regulation is the only competent authority that is noted as one in the United States, so what that motion does is to just require airlines to provide notice to passengers as a precondition to them sharing the information.
Conservative
Deputy Executive Director and Senior Counsel, Department of Public Safety and Emergency Preparedness
For overflights to the U.S., exactly.
NDP
Dennis Bevington NDP Western Arctic, NT
Does that mean that if the airline company is sharing information with another foreign state, they won't have to tell the passengers that they're sharing the information with Mexico or Colombia or Venezuela?
Deputy Executive Director and Senior Counsel, Department of Public Safety and Emergency Preparedness
This only applies to overflights over the U.S., so you're correct.
NDP
Dennis Bevington NDP Western Arctic, NT
I'm correct that this doesn't limit the airlines in providing information to other countries?
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
I was just going to say, if Mr. Bevington can be patient in relation to his proposal, it does, in this particular case, only deal with notification to the United States, but if you can foretell the future, you'll see that there is another proposal coming forward to limit it. But this would be consistent with the notification and the limiting in relation to it.
You'll find the olive branch all the way through, Mr. Bevington, to make sure that we can get this bill through.
Conservative
NDP
Dennis Bevington NDP Western Arctic, NT
This amendment certainly fits with the previous amendment but gives more of the particular information that has to be provided by the airline company. It's very clear that this is the information that is provided and how it can be used. Those are the circumstances of this particular amendment.
Conservative
The Chair Conservative Merv Tweed
On the advice to the chair, I would have to rule that NDP-2 is inadmissible. The introduction of the requirement for operators of aircraft to provide references to the possible internal administrative procedures of a foreign state is a new concept that is beyond the scope.
Okay. We will now move to Liberal amendment number 2.
Mr. McCallum.
Liberal
John McCallum Liberal Markham—Unionville, ON
Thank you, Mr. Chair.
I think it's fairly self-evident. I think the Privacy Commissioner could involve herself in any event, but this makes it explicit that we want the Privacy Commissioner to monitor the operation of this bill in terms of the privacy issues and to report to Parliament. That is the proposal.
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
I'm just wondering, Mr. Gregory, I have seen you testify in the past and I don't know if this is your expertise or not, but does the Privacy Commissioner need this reference in the bill? My understanding is the authority is already there to be able to do exactly what this amendment would propose.
Chris Gregory Director, North America, Department of Public Safety and Emergency Preparedness
Yes, Mr. Chair, I would agree with that. She already has—
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
So she already has the authority, so this would be redundant, in fact not necessary, in my opinion.
Liberal
John McCallum Liberal Markham—Unionville, ON
I apologize, I missed what you said. Would you mind repeating it?
Director, North America, Department of Public Safety and Emergency Preparedness
Mr. Chair, I agreed with Mr. Jean's assessment that the Privacy Commissioner already has similar powers to do what this amendment is speaking to.
Conservative
The Chair Conservative Merv Tweed
Thank you.
Liberal amendment number 2 is withdrawn, which moves us to Bloc amendment number 4.
I will advise the committee that Bloc amendment number 4 is very similar to Liberal amendment number 4. I would suggest we consider them together to make sure we get the best outcome, if that's agreed to by the committee.
Monsieur Guimond, please present.
Bloc
Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC
We share the legal interpretation that has been provided. We certainly saw that it is similar to amendment L-4. The amendment means that, within three years after the act comes into force, there is to be a comprehensive review so that we can see the use that has been made of personal information submitted to American authorities and the degree to which the rights of the persons affected have been respected. This is just about conducting an evaluation after three years.
Conservative
The Chair Conservative Merv Tweed
Thank you.
Mr. McCallum, do you want to comment on Liberal amendment number 4? I believe there's a strong similarity.