Evidence of meeting #42 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 airport.
A recording is available from Parliament.
Director General, Air Policy, Department of Transport
Aveos, being a distinct company from Air Canada...I believe that would be accurate. As I indicated, there is still some ongoing discussion on the certification.
Bloc
Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC
I didn't have time to drop by my office in the West Block, but I had a pay cheque of Pierre Poirier, an Air Canada machinist. How is it that his pay cheque was issued by Air Canada, when we're talking about a machinist that was sold to Aveos? Why has his pay cheque been issued by Air Canada? Why does it state in the collective agreement of the machinists' union that this agreement was entered into between Air Canada and the machinists' union? Why does the president of Aveos have an employee number that starts with AC? And yet you're telling me that these are no longer Air Canada employees.
If, instead of your pay cheque bearing a maple leaf, you received a cheque from the Government of Quebec bearing a fleur de lys, wouldn't you wonder whether your business had been sold, whether your job had been sold overnight?
Director General, Air Policy, Department of Transport
I don't know the particulars you're referring to. Clearly, if it is the case that cheques are still coming under the auspices of Air Canada to Aveos employees, this may reflect the fact that the certification distinction between Air Canada and Aveos has not yet been consummated. That's a process that isn't directly related to my area of responsibility, so I can't speak to the technicalities of it.
NDP
Dennis Bevington NDP Western Arctic, NT
When the sale of the maintenance facilities to Aveos took place, was Transport Canada in any way involved in maintaining the interest of this particular act?
Director General, Air Policy, Department of Transport
Transport Canada's obligation is to ensure that the articles of continuance include the provisions stipulated in ACPPA, and we have confirmed at various junctures in Air Canada's history that those articles of continuance respect the obligations of ACPPA.
NDP
Dennis Bevington NDP Western Arctic, NT
When the sale of the facilities to Aveos took place, was Transport Canada engaged in it?
Director General, Air Policy, Department of Transport
No, that was a private matter between private entities. Transport Canada was not part of that discussion or arrangement.
Director General, Air Policy, Department of Transport
No. Because it was a private transaction between private parties, we did not.
NDP
Dennis Bevington NDP Western Arctic, NT
How did you determine whether what was happening would match up with the act we have in front of us? How did you make the determination that your interest was not in play here?
Director General, Air Policy, Department of Transport
The only determination of the Government of Canada is to validate that the articles of continuance make reference to the obligation to maintain the operational and overhaul centres. That obligation has been met, and the obligation to follow through is an internal matter between Air Canada and its shareholders. Therefore, as its corporate structure has evolved, it would be up to Air Canada and its shareholders to confirm that the intent of those articles of continuance is being respected.
Legal Counsel, Legal Services, Department of Transport
I can also confirm that Air Canada's articles of continuance were amended a couple of times to reflect changes in share structure, but the provision to maintain these specialties in these three locations hasn't changed over the years since it was privatized. So that clause is still in the articles of continuance.
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
I have just a couple of questions, Mr. Chair, if I may.
With respect to the airport authorities, congratulations to the local component. I think that's very important. Regarding the consultations, the new policy, that Nav Canada is bringing in, that's great.
Who usually sits on these boards of the local authorities? For instance, the Fort McMurray Airport Authority, the Calgary Airport Authority, or the Montreal Airport Authority....what kinds of people make up the boards of these authorities and make the decisions regarding noise and traffic and things like that?
Director General, Civil Aviation, Department of Transport
For the noise, that's a consultative committee. It's not part of the management of those airports. Some of the airports you named aren't necessarily part of the national airport system. They wouldn't have that particular requirement, so there is no obligation on their part. I can't speak to how they're set up.
Conservative
Director General, Civil Aviation, Department of Transport
You mean where there's a requirement to have one?
Director General, Civil Aviation, Department of Transport
The airport's responsibility is to engage all the stakeholders, which are typically the municipalities and anybody affected around the airport. There's usually a citizen component to that. Nav Canada is usually part of it. Transport Canada participates on the larger airports. Certainly, we have somebody on that committee as well. So it takes in all the interested parties, but it varies by airport. There's not a specific definition.
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
What can the government do if Air Canada does not respect its articles of incorporation or continuance? I know the courts can lift the corporate veil and all that, but what can the government do?
Legal Counsel, Legal Services, Department of Transport
The Air Canada Public Participation Act requires Air Canada to maintain the articles of continuance of this particular provision. If Air Canada wants to change this provision, then they need to obtain shareholder consent. So that's the first step. Then they come to government to make changes in the Air Canada Public Participation Act, and then they would make changes to the articles of continuance.
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
That wasn't my question. My question was, what can the government do if Air Canada does not respect its articles of incorporation and changes that?
Legal Counsel, Legal Services, Department of Transport
It's primarily an obligation between Air Canada and the shareholders. Government can only observe whether the articles of continuance still have that portion in it. Other than that, they can't do much about it.
Conservative
The Chair Conservative Merv Tweed
Thank you.
With that, I'll thank our guests. Many of you changed plans, and we do appreciate your being here tonight. We wish you a Merry Christmas and a Happy New Year.
Committee members, we will be meeting again on Thursday morning at 11 o'clock.
Thank you and have a good night.
The meeting is adjourned.