Transport Committee on March 21st, 2022

[Matt Jeneroux, Conservative, Edmonton Riverbend, AB]

I appreciate that, Minister, because I think a lot of Canadians, in terms of what you mentioned in your opening comments, would be concerned or wondering what was occurring.

You also mentioned in your opening comments “call out” actions and invoke punishments. I'm just curious about what types of punishments you perceive would be relevant in certain situations like those.

[Omar Alghabra, Liberal, Mississauga Centre, ON]

As I said in my opening remarks and some of my answers, there are monetary fines that can and have been applied in the situation of that private jet. They could go as high as $15,000. They could be directed against a company, against individuals or against the pilot. Several fines can be imposed, and then there are consequences if those fines are not paid.

[The Chair, Liberal, Peter Schiefke]

Thank you very much, Minister, and thank you very much, Mr. Jeneroux.

To conclude panel one today, we have Mr. Chahal.

Mr. Chahal, the floor is yours for five minutes.

[George Chahal, Liberal, Calgary Skyview, AB]

Thank you, Chair.

Thank you, Minister and guests, for joining us today.

Minister, you've talked a lot about the NOTAM, the notice to airmen. Can you tell us what it is, specifically?

[Omar Alghabra, Liberal, Mississauga Centre, ON]

The notice to airmen, as I said earlier, is an instrument that Transport Canada uses to guide, advise or order airplanes and drone operators in order to enhance the safety and security of those in the air or those on the ground.

[George Chahal, Liberal, Calgary Skyview, AB]

Why was the NOTAM issued on February 27?

[Omar Alghabra, Liberal, Mississauga Centre, ON]

Mr. Chair, this was part of our comprehensive and decisive action in response to the Russian aggression against Ukraine. Given the heightened security situation, the tension and the hostility that Russia exhibited towards Ukraine, we decided to ban Russian-owned and -operated flights from entering Canadian airspace.

[George Chahal, Liberal, Calgary Skyview, AB]

Minister, how can we ensure that Russian aircraft do not enter Canadian airspace?

[Omar Alghabra, Liberal, Mississauga Centre, ON]

It is done first through communication. Nav Canada has the mandate and responsibility to direct traffic in Canadian airspace. If there's a violation of these orders, Nav Canada has protocols to react to any potential violation.

As I said, I know that Nav Canada is coming here afterwards. I'm sure they will do a good job of explaining those protocols.

[George Chahal, Liberal, Calgary Skyview, AB]

With those protocols in place, did we see a reactionary response to the NOTAM from the Russians or the Belarusians?

[Omar Alghabra, Liberal, Mississauga Centre, ON]

Mr. Chair, as I said earlier, I'm aware that Russia has reciprocated and has banned Canadian flights from entering Russian airspace.

[George Chahal, Liberal, Calgary Skyview, AB]

What effects will the Russian response and reciprocation have on Canadian operators?

[Omar Alghabra, Liberal, Mississauga Centre, ON]

There are flights that are managed or run by Canadian operators, like Air Canada, that would typically fly over Russian airspace to get to Korea or India. Those flights now have been diverted. Yes, they are taking longer routes and it's adding costs, but Air Canada and others understand why and they have done their best to divert their traffic.

I know that air travellers also understand why this is happening, and that they have accepted and acknowledged the reason for it.

[George Chahal, Liberal, Calgary Skyview, AB]

Thank you, Minister, for your responses today.

Mr. Chair, I think that's it for my time.

[The Chair, Liberal, Peter Schiefke]

Thank you very much, Mr. Chahal.

Thank you, Minister and Deputy Minister, for your testimony this morning. It's always a pleasure to host you, and we very much appreciate your time.

I will now suspend the meeting for two minutes, after which we will resume for panel two.

Minister and Deputy Minister, please feel free to log off at your convenience.

[Omar Alghabra, Liberal, Mississauga Centre, ON]

Thank you, Mr. Chair.

Thank you, colleagues, for the opportunity.

I look forward to, hopefully, doing this one time soon in person.

[The Chair, Liberal, Peter Schiefke]

We'd love to have you.

[The Chair, Liberal, Peter Schiefke]

I call this meeting back to order.

To begin panel two, we have a presentation that apparently runs for six minutes by Nav Canada. I'm going to turn it over to Nav Canada first for that presentation, and then we can proceed with questioning.

[Ben Girard, Vice President and Chief of Operations, NAV CANADA]

Thank you very much, Mr. Chair.

First, please let me say that our thoughts today are with the people of Ukraine.

Nav Canada is the not-for-profit corporation that owns and operates the world's first privatized air navigation system, ensuring the safest, most efficient movement of aircraft from the Pacific to the Arctic to the mid-Atlantic, 24 hours a day, seven days a week. Nav Canada operates the world's second-largest ANS. To support our 45,000 customers, we employ 4,000 people and are deploying groundbreaking technologies to keep the skies safe. Safety is why we exist, and our safety record is one of the best in the world.

Nav Canada thanks the committee for its invitation to address its concerns with respect to the recent restrictions imposed on Russian aircraft entering Canadian airspace. In the normal course, Nav Canada's capacity to act in this matter is very limited. More specifically, in the context of our mandate to operate the civilian air navigation system in compliance with ICAO standards, as stipulated in our governing legislation, we do not have authority to choose who may or may not operate in our airspace.

Our mission is to ensure the aircraft fly safely and efficiently in our airspace by ensuring safe separation between aircraft. When restrictions are put in place through a notice to airmen, or NOTAM, all pilots are required to comply with them. The safety and security of the global air navigation system depend on thousands of aircraft and their pilots following thousands of NOTAMs that exist at any given time.

Practically speaking, Nav Canada does not have a way to physically prevent entry into our airspace. We are not responsible for enforcement actions against any aircraft operator that violates a NOTAM. If a pilot disregards or violates a NOTAM, Nav Canada has but one course of action, that is, to report the offending aircraft to the appropriate authorities while ensuring that the offending aircraft does not impact the safety of all other aircraft in the airspace. Even with a NOTAM in place, Nav Canada requires ministerial authority to deny the offender air traffic control clearances. Even with the specific authority to deny clearances, it does not guarantee that a pilot will comply and may instead choose to enter the airspace.

In terms of reporting the offender, existing procedures require that Nav Canada advise Transport Canada. It is up to Transport Canada to initiate an investigation and impose whatever penalties may be appropriate. If any physical engagement or real-time enforcement is required, Transport Canada may choose to engage the Department of National Defence.

On the morning of Sunday, February 27, 2022, the Minister of Transport made the unprecedented declaration that Canada's airspace was closed to all Russian aircraft. Transport Canada then authorized the issuance of a NOTAM restricting Russian aircraft from Canadian airspace, and Nav Canada issued the NOTAM by midday.

Adding complexity to the situation was the fact that the FAA, as the operator of the adjoining airspace, had not yet put in place any restrictions. That afternoon, Aeroflot flight 111 departed Miami International Airport and approached Canadian airspace. The FAA indicated to a Nav Canada controller that the pilot was aware of the NOTAM but claimed they had authorization to enter Canadian airspace on the basis of declaring itself a humanitarian flight. Nav Canada does not, however, determine the validity of these declarations. That is a function of Transport Canada.

It is important to note that, even with a NOTAM as initially issued, any aircraft declaring itself a humanitarian, medevac or other type of emergency flight, would, according to existing processes and procedures, be given access to the airspace and ATC clearances in accordance with international civil aviation protocols.

Nav Canada immediately notified Transport Canada of Aeroflot 111's humanitarian declaration and entry into Canadian airspace, in accordance with approved processes and procedures. On Monday, February 28, Transport Canada subsequently provided written authority to Nav Canada to deny ATC clearances to all Russian flights, including humanitarian, medevac and search and rescue flights. An exemption remains for aircraft with an in-flight emergency, which would be directed to land at the nearest facility.

We are proud at Nav Canada of the work our employees did to quickly develop, to educate and to safely implement the new procedures that operationalize the new restrictions.

In summary, Mr. Chair, our primary responsibility is to manage the airspace above Canada to ensure the safe transit of all aircraft through that airspace. We are confident that all actions taken by Nav Canada and its personnel with respect to this matter were done professionally and to the full extent allowable by all of the respective governing authorities, legislation, regulations, procedures and policies.

I'm happy to answer any questions the committee may have.

[The Chair, Liberal, Peter Schiefke]

Thank you very much, Mr. Girard.

Our first round of questioning goes to Mr. Dowdall.

Mr. Dowdall, the floor is yours. You have six minutes.

[Terry Dowdall, Conservative, Simcoe—Grey, ON]

Thank you very much, Mr. Chair.

Thank you to our guests.

I just want to say that it was great to see the minister here once again. In his comments, he said there are sanctions that are working and hopefully crippling Russia a bit, and I think that's good news, but the collateral damage also is that some of those are crippling some people here in Canada as well. Before I preface my question, I just want to be clear that each and every one who has reached out to my office, whether it's an agribusiness or a farmer, is supportive of the sanctions, but there are deep concerns.

My riding is in Simcoe—Grey, which happens to be a huge agricultural base. As you know, spring is here and farmers are getting ready to get the crops in the ground. Part of that involves getting fertilizer in the ground as well. As I'm sure most of you are aware, Russia supplies much of the world's monoammonium phosphate, MAP, fertilizer, which is critical for Canada's food production. Right now Canada does not produce any.

I've been contacted by several people in my riding, both end-users and agribusinesses, who are concerned about the impact of the restrictions or the ban on Russian manufacturers, especially when it comes to these fertilizers. Simply put, if we do not get fertilizer in the ground soon, the fall crop yields across Canada will be much reduced. Getting fertilizer is a long process, with quantities ordered long before Russia invaded Ukraine. Often these are paid for long in advance. The contracts are signed and subject to large cancellation fees.

Alliance Agri-Turf, who happens to be in my riding and is actually a large company across Canada, is an important supplier of fertilizer for central Ontario. They've contacted me with concerns over the shipment of these MAP fertilizers coming into Canada. The shipment was originally due on March 15, but Transport Canada told them that the shipment would not be allowed into Canada. It's been pushed back to this weekend to hopefully sort the situation out.

I'm wondering if anyone here can perhaps provide us with an update on the issue of fertilizer. As we know, there's not a lot everywhere else. I want to know if anyone on panel can perhaps give us some guidance.

[Marc-Yves Bertin, Director General, Marine Policy, Department of Transport]

As the member noted, this is a question that has been put to us, or been put to the government writ large. Decisions as to how to manage requests of this nature fall under the responsibility of the Minister of Foreign Affairs and her officials. In terms of any updates on the matter, it would be best posed to officials from that department, from Global Affairs Canada. I'm afraid I'm not able to provide an update on that situation.

[Terry Dowdall, Conservative, Simcoe—Grey, ON]

So at this moment in time, you basically don't have an idea of whether or not this cargo will be delivered.

[Marc-Yves Bertin]

As I mentioned, I think it's a question that needs to be put to our colleagues at the Department of Foreign Affairs and International Trade.

That said, just stepping back for a moment, Canada-Russia trade is relatively small, but it's very much focused on some specific bulk commodities—bulk commodities in the petroleum sector and chemicals, including fertilizers, as you noted, amongst others. As the minister noted previously, measures have been taken against certain commodities. With respect to fertilizers, a chartered vessel that is Russian-flagged can therefore find themselves affected by the vessel ban provisions.

I think in the fullness of time, it will be important that Canadian importers remain sensitive, obviously, to the prohibitions that the government has enacted to ensure that they don't run afoul of these measures.

[Terry Dowdall, Conservative, Simcoe—Grey, ON]

Was it Transport Canada, though, who said it would not be allowed in? Is that who made the decision?