Evidence of meeting #114 for Transport, Infrastructure and Communities in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was bureau.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Melissa Fisher  Deputy Commissioner, Mergers Directorate, Competition Bureau Canada
Bradley Callaghan  Associate Deputy Commissioner, Policy, Planning and Advocacy Directorate, Competition Bureau Canada
John Lawford  Executive Director and General Counsel, Public Interest Advocacy Centre
Myka Kollmann  Articling Student, Public Interest Advocacy Centre
Barry Prentice  Professor, Transport Institute, University of Manitoba, As an Individual

Noon

Associate Deputy Commissioner, Policy, Planning and Advocacy Directorate, Competition Bureau Canada

Bradley Callaghan

That is not something that we have studied as an issue in and of itself. As I said earlier, we have looked at some of the particular features of air travel in those communities as it relates to competition in specific cases, and there have been some, with regard to travel to Canada's north. They do have particular challenges and barriers. We're alive to them from past work, but we have not studied as an independent issue what could be done to improve competition in those areas.

Noon

Liberal

Vance Badawey Liberal Niagara Centre, ON

Okay.

The bureau has previously advocated for loosening current rules around foreign ownership of airlines to allow for 100% ownership to compete against Canadian carriers. Are there any international examples of this succeeding that you can point to? Does the bureau see this increased domestic competition as sustainable in the long term? Another part of that is, has the bureau considered any potential economic implications should a national carrier fail as a result?

Noon

Associate Deputy Commissioner, Policy, Planning and Advocacy Directorate, Competition Bureau Canada

Bradley Callaghan

On the last part of the member's question, I don't think that is something we have studied in detail.

Our submission to the CTA review in 2015 does look at a few comparators internationally. This can be checked, but New Zealand comes to mind as one where I believe there was more openness to foreign ownership.

Our perspective is that competition is central to driving lower prices, more choice and productivity in our economy. It comes from the perspective of having competition as the central part of our mandate. As I said earlier, this is weighed against other public policy factors by ministers, such as the Minister of Transport. We think it's something very important, and we know we're not alone. This is something that has been mentioned as early as in the 2008 “Compete to Win” report by Red Wilson and that panel, that Canada has not placed sufficient importance on competition in terms of competing public policy objectives. That's why we're a strong advocate to try to improve its importance.

12:05 p.m.

Liberal

Vance Badawey Liberal Niagara Centre, ON

To get a bit more granular based on those comments, does the bureau have any recommendations with respect to reciprocal cabotage? This is to stimulate competition, obviously. Is the bureau aware of any foreign airlines that wish to operate in Canada? Would it foresee foreign airlines operating between regional Canadian destinations? What would be the impact on Canadian carriers and employment of Canadians if that were to occur? What impact could there be on regional connectivity?

12:05 p.m.

Deputy Commissioner, Mergers Directorate, Competition Bureau Canada

Melissa Fisher

I'll start in terms of our specific investigations.

Unfortunately, to the extent that a U.S. carrier has expressed to us their interest or desire to enter, that is not something we can share due to our confidentiality obligations.

12:05 p.m.

Liberal

The Chair Liberal Peter Schiefke

Make it just a quick 10-second follow-up, Mr. Callaghan.

12:05 p.m.

Associate Deputy Commissioner, Policy, Planning and Advocacy Directorate, Competition Bureau Canada

Bradley Callaghan

There's more reading that can be done in our submission to the CTA, but we did support cabotage and more openness to a foreign carrier being able to fly on Canada-to-Canada routes. I'm not an airline expert, so I want to make sure we're on the same page. Yes, we did explain in that report that we were supportive of that.

12:05 p.m.

Liberal

The Chair Liberal Peter Schiefke

Thank you very much, Mr. Badawey.

That concludes the first half of our meeting today.

I'd like to thank our witnesses for appearing today.

We will suspend for five minutes in order to allow the audiovisual team to set up for our subsequent witnesses.

This meeting is suspended.

12:10 p.m.

Liberal

The Chair Liberal Peter Schiefke

I call this meeting back to order.

Colleagues, appearing before us for the second half of today's meeting we have Dr. Barry Prentice, professor at the Transport Institute of the University of Manitoba, by video conference. Welcome to you.

From the Public Interest Advocacy Centre, we have Mr. John Lawford, executive director and general counsel, as well as Myka Kollmann, articling student. Welcome to you both.

We'll begin with opening remarks. For that, I'll turn it over to our two witnesses who are appearing in person.

The floor is yours. You have five minutes.

12:10 p.m.

John Lawford Executive Director and General Counsel, Public Interest Advocacy Centre

Thank you, Chair.

Chair and honourable members, my name is John Lawford. I'm the executive director and general counsel at the Public Interest Advocacy Centre. With me today is PIAC's articling student Myka Kollmann.

I will start by quoting a PIAC report on airline competition in Canada: “Today, in Canada, it is difficult to choose what is likely to be less inefficient: a regulated duopoly or an unregulated one.” Just so you know, those words were written in 1989—plus ça change.

There was and is currently a problem with concentration in the Canadian market, but this market is now also segmented into regional route markets. WestJet claims to have returned to its roots as a low-cost carrier and has retreated to a hub in western Canada, while allowing Air Canada mostly free rein in eastern Canada. While this appears to leave room for regionally based competition, or even national or regional ultra-low-cost carrier entry in either the WestJet or the Air Canada zone of influence, we see that the ULCCs are failing.

The pandemic has upset all the airlines' apple carts. Only now are we seeing the staffing, routes, passenger demand and financing start to return to 2019 levels. However, it is the structural and regulatory elements of the Canadian market that determined the effects of such events as the pandemic and before, such as the 737 Max groundings in 2019.

The market structure remains one dominated by Air Canada as a national airline; WestJet, once again a large regional, although with Sunwing vacation routes now; a central Canada regional, Porter, with national aspirations; and one international vacation carrier, Air Transat, which is only here because the EU, not the minister, said it should not be sold to Air Canada. ULCCs are entering and exiting within two to three years despite planned nationwide operations. The latest three are failing, are refinancing, or have failed.

Why is that? Barriers to entry are too high in Canada. No support is given to entrants. The predictable defensive strategies available to major airlines, such as route-matching and predatory pricing, were not something that competition law, until now, could police effectively. All mergers have been approved by the Minister of Transport, leading to concentration. At a higher level, there is no home for airline competition regulation, no stated government air policy in general, and no statement of how such policy goals as small-market service and cost, consumer choice, pricing reductions, service quality and safety, etc. could be met by competition.

However, new tools are available to the sector. They include improvements to the Competition Act and studies on competition, including that announced today and those from other countries, in particular Australia.

Myka.

12:15 p.m.

Myka Kollmann Articling Student, Public Interest Advocacy Centre

In this policy vacuum, therefore, we propose six radical changes—three to help nascent competition and competitors, and three to frame the conversation about regulation and competition and provide some dim hope for a future competitive market.

First, the Government of Canada should support competitive entry with a lending bank of 10 government-owned aircraft of various sizes leased at cost, available only to competitors and upon such conditions as serving certain routes at certain frequencies and with exit barriers.

Second, airports should reserve time and gate slots for new entrants.

Third, there should be enforcement of abuse of dominance rules on route-matching and price-cutting, and price floors should be set for incumbents with entry conditions and exit conditions.

Fourth, the approval of airline merger reviews should be flipped. The transport minister can advise, but the Competition Bureau or the Competition Tribunal should decide.

Fifth, Transport Canada should develop specific air competition policy, not the present vague air marketplace framework, in consultation with the Competition Bureau.

Finally, the Competition Bureau should do a market study on airline travel within Canada. We are pleased that they have just announced that today.

12:15 p.m.

Executive Director and General Counsel, Public Interest Advocacy Centre

John Lawford

Considering such radical thinking will hopefully help fix the sector and help us avoid seeing you again in 35 years to say the same things once again.

Thank you very much. We look forward to your questions.

12:15 p.m.

Liberal

The Chair Liberal Peter Schiefke

Thank you both for those opening remarks.

We'll now turn the floor over to Dr. Prentice for his opening remarks.

Dr. Prentice, the floor is yours. You have five minutes, sir.

12:15 p.m.

Dr. Barry Prentice Professor, Transport Institute, University of Manitoba, As an Individual

Thank you.

The structure-conduct-performance framework is a useful paradigm for considering the state of competition in the airline industry. Structure refers to the number of players, the similarity of product, and the cost of entry and exit.

Domestic competition in Canada is limited to four scheduled passenger airlines, excluding Arctic and remote communities. Air Canada and WestJet, which are full-service airlines, account for over 80% of the market. They operate airport hubs to serve domestic, transborder and international passenger services as well as cargo services. The two smaller airlines, Flair and Porter, operate point-to-point services with niche strategies. Flair positions itself as a discount carrier, while Porter offers non-price benefits and caters more to a business market.

For many consumers, air travel has become a commodity. All companies use the same planes, with minimal differences in non-price attributes of service. The geography of the market also matters. The narrow, linear shape of the Canadian market means that all competitors fly the same parallel routes across the country, leaving scant room for differentiation.

Entry and exit costs depend on the industry's ratio of fixed to variable costs. A high proportion of fixed costs favours industry concentration; however, some costs can be made semi-variable, such as leasing aircraft and subcontracting labour like baggage handling. The largest variable cost is fuel. Entry costs involve setting up a reservation system, labour contracts, renting airport space and maintenance operations. Industry exit is easier, but these are sunk costs.

Large airlines experience economies of scale and size. The more origin-destination pairs in their network, the bigger their customer base. Size also enables airlines to form hub-and-spoke networks. Larger aircraft, which are more profitable, can be deployed from hub locations where they benefit from the S-curve. The S-curve observation is that, as airlines increase flights at an airport, they receive a disproportionate share of passengers. Economies of size also apply to the cost of operations, such as hangars, maintenance and overhead expenses.

The conduct of firms is generally opaque because regulations exist to curb anti-competitive behaviour such as price-fixing, misrepresentation and abuse of a dominant position. In an oligopolistic market, however, tacit collusion is possible. The major players can react to each other's moves with an eye to sharing the market and maximizing their profits.

Until the 1980s, air conduct was subject to strict price and route regulation, with the goals of stability and consumer protection. Deregulation of the airlines was based on the theory of contestable markets. Essentially, this theory holds that the participants in a market with few rivals could conduct themselves in a competitive manner if the threat of new entrants was sufficient to cause them to focus on sales rather than profits.

The history of Canadian airlines since deregulation has supported the reliance on contestable market theory. The number of new entrants entering and exiting has kept the market competitive. For example, the big airlines set up discount subsidiaries to meet the challenge posed by new entrants by matching their fares and routes.

The performance of the airlines is measured by their profitability and efficiency. Profitability is easier to assess for publicly traded companies than efficiency. In general, investors have viewed the profitability of scheduled air carriers as less attractive than most publicly traded companies. Nonetheless, the major airlines have been relatively stable, with mergers rather than bankruptcies being the predominant outcome.

Whether air service in Canada is as efficient as it could be is clouded by protectionism. Domestic competition is constrained by cabotage restrictions that prohibit foreign airlines from operating within the Canadian market. Also, foreign ownership controls restrict access to international investment capital that could lead to more efficient scale and fleet renewal.

Although ticket prices are rising, so are costs for labour, equipment and fuel that could impact competition. All airlines have experienced higher wage settlement demands as workers try to catch up with inflation. The worldwide demand for air pilots has caused wage increases well above the rate of inflation. The threatened strike by WestJet's aircraft maintenance fraternal organization is the latest example of this.

Rising interest rates add to the cost base of this capital-intensive industry. The low exchange rate value of the Canadian dollar also matters, because most aircraft and parts are imported. Oil prices are currently low, but fuel prices will rise with carbon taxes and the adoption of sustainable aviation fuels.

Finally, the losses incurred during the pandemic are unlikely to be extinguished already.

The impact of ticket prices on demand for air travel in Canada is also affected by fees and charges that are outside the domain of the airlines. The Canadian airports have raised fees to deal with debts that were incurred during the pandemic. The Government of Canada continues to extract rent payments from the airports and user fees for security that ultimately are all paid by the consumer.

The weak economy, and the possibility that it may dip into a recession, does not bode well for passenger demand. Air travel is more a luxury than a necessity for most leisure passengers. Business travel has also been cut by the pandemic experience and a shift to virtual meetings, although some revival may be occurring.

Since deregulation, airline competition in Canada has resulted in two large scheduled carriers and the entry and exit of a series of smaller carriers. The recent loss of a very small airline, Lynx, does not mean that further contraction is inevitable, but instability is the price of efficiency—

12:20 p.m.

Liberal

The Chair Liberal Peter Schiefke

Dr. Prentice, my apologies for cutting you off, but I am going to have to ask you to wrap up your opening remarks, if you could, please, sir.

12:20 p.m.

Professor, Transport Institute, University of Manitoba, As an Individual

Dr. Barry Prentice

Will do.

Applying the structure-conduct-performance lens to airline competition in Canada suggests that the status quo is providing reasonable outcomes for most consumers, notwithstanding service cuts in some smaller centres.

The ability of new entrants to challenge the dominant players is the basis for the relaxed level of economic regulation in Canada. The presence of smaller carriers forces the larger players to act in a more competitive manner. Whether these smaller carriers can remain economically viable is an open question, but it is important that government policy continues to make it possible for challengers to contest the market.

Thank you very much.

12:20 p.m.

Liberal

The Chair Liberal Peter Schiefke

Thank you very much, Dr. Prentice.

We'll begin our line of questioning with Dr. Lewis.

Dr. Lewis, the floor is yours. You have six minutes, please.

12:20 p.m.

Conservative

Leslyn Lewis Conservative Haldimand—Norfolk, ON

Thank you, Chair.

I'm going to take this opportunity to move a time-sensitive motion before we continue with the line of questioning today on this very important issue.

I've put the motion on notice as of Friday, May 3.

The motion is as follows:

Given that,

(a) Sustainable Development Technology Canada, a one billion dollar taxpayer fund, is under investigation by the Auditor General of Canada and the Conflict of Interest and Ethics Commissioner;

(b) A former director of the fund, Andrée-Lise Méthot, helped to send multiple companies in which she has a financial interest millions of dollars, and despite this the government appointed her as a director to the Canada Infrastructure Bank.

The committee hear testimony from the following witnesses for no less than two hours each: the Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs, Dominic LeBlanc; the Chief Executive Officer of Canada Infrastructure Bank, Ehren Cory; officials from the Senior Personnel Secretariat in the Privy Council Office; Founder and Managing Partner of Cycle Capital, Andrée-Lise Méthot.

Mr. Chair, I'm raising this motion today because, once again, the ability of this government to make ethical and sound decisions is in serious doubt. The sustainable development technology fund is embroiled in a scandal in which the fund is under investigation for funnelling millions of taxpayer dollars to companies that its director had a financial interest in. One of the directors, who is implicated in this, is Ms. Andrée-Lise Méthot. Her companies received $42 million from SDTC while she was on their board. This director is also involved in providing companies she's connected to with special COVID payments. Despite these serious conflicts of interest and ethical issues, Ms. Méthot was recently appointed to the Canada Infrastructure Bank board.

As the committee charged with providing oversight of the Canada Infrastructure Bank, it is extremely important that we get to the bottom of this issue, in which the director herself admitted she had conflicts of interest. Canadians need to have trust in their federal and democratic institutions. To this end, we need to hear from Minister LeBlanc, who appointed her. We also need to hear from the officials in the Privy Council Office, and we're proposing that we also hear directly from the CIB and Ms. Méthot herself.

I hope this motion will receive the support of all parties around the table.

Thank you, Mr. Chair.

12:25 p.m.

Liberal

The Chair Liberal Peter Schiefke

Thank you very much, Dr. Lewis.

Mr. Badawey, I have you on the speakers list.

12:25 p.m.

Liberal

Vance Badawey Liberal Niagara Centre, ON

Thank you, Mr. Chair.

Mr. Chair, we have witnesses here today who I'm sure have travelled some distance to get here, and we have issues we're dealing with in respect of the study we're entertaining, so I would ask that we put a motion forward to adjourn debate on this and that we entertain this at the next meeting. I would also advise that the clerk make appropriate arrangements to deal with it at the next meeting so that we will not waste the time of anybody who may travel to give testimony for the study we're going to be moving forward with.

Thank you, Mr. Chairman.

12:25 p.m.

Liberal

The Chair Liberal Peter Schiefke

Thank you very much, Mr. Badawey.

That is a dilatory motion. Therefore, we'll go directly to a vote.

(Motion agreed to: yeas 6; nays 5)

Dr. Lewis, I'll turn the floor back over to you so you can proceed with your line of questioning to our witnesses.

12:30 p.m.

Conservative

Leslyn Lewis Conservative Haldimand—Norfolk, ON

I'm going to cede my time to my colleague Mr. Williams.

12:30 p.m.

Conservative

Ryan Williams Conservative Bay of Quinte, ON

Thanks, Mr. Chairman.

How many minutes do I have left?

12:30 p.m.

Liberal

The Chair Liberal Peter Schiefke

You have five minutes and 54 seconds.

12:30 p.m.

Conservative

Ryan Williams Conservative Bay of Quinte, ON

Fantastic.

Mr. Lawford and Ms. Kollmann, thank you for coming to committee today. It's nice to have you here. You mentioned quite a few good ideas in your opening statement.

I want to start with the state of airline competition in Canada. We are here because Lynx Air, an ultra-low-cost carrier, a competitor, has gone under. We still have Flair, though. The Flair CEO was here a couple of weeks ago. I'm not sure if you caught the testimony. He did mention some anti-competitive behaviour happening in Canada, which is very concerning. It is threatening his business and that airline, which is competing on some major routes.

Can you comment on the state of anti-competitive behaviour in Canada and how that's threatening airline competition, particularly for new entrants into the markets?