Mr. Speaker, I am in favour of this bill. I think it is the best of all possible outcomes. That is not to say there are not some weaknesses and flaws in it. In honesty, what bill does not have something in it that could be improved?
I begin by making a few comments on the speeches by the Bloc members. I am sure these things were said with great sincerity. I noticed they member focused on various parts of Quebec. That is not unreasonable for a single province or regional party to do.
However, because I have a much broader spectrum, being the national transport critic, I have looked at the potential problems and concerns of the bill from a more national perspective.
Any time a change or something new is introduced it is only natural that it would make some people who are affected by it nervous. The member for the Bloc talked about no representation for airlines, even small airlines. He was speaking from Quebec's perspective, as he should.
Mr. Jenner is the head of a large airline organization in Quebec, representing mostly small airlines, the very people the member was concerned about. I am sure the member knows Mr. Jenner was offered a seat on the board of directors of Nav Canada and turned it down. Also, the head of the Canadian Owners and Pilots Association, small aircraft operators, was offered a seat on the board of directors of Nav Canada and turned it down.
I would not want him to leave the impression that Nav Canada is trying to bully these small companies and have a little clique of selected people. That is not the case.
The member also mentioned there would be no public consultation if Nav Canada decided it wanted to take a particular piece of equipment out of an airport and move it elsewhere. I do not know of any procedure that requires Transport Canada to have public consultation if it wishes to move a particular piece of equipment from one airport to another.
I have seen some of the old equipment that Transport Canada operated a decade or two ago. If there were public consultation to finally move this rather decrepit equipment it would be cause for celebration and rejoicing.
When the bill was first introduced there were a number of possible ways of divesting Transport Canada of its air navigation system. A variety of things were looked at, including profit companies, a mixture of private sector businesses working together. Some sounded a little wild but were considered because, wild or not, they should at least be looked at because maybe there was a portion merit.
However it was very quickly narrowed down to just two particular aspects, one being a crown corporation and the other being the not for profit corporation which is what we have ended up with. As near as I can see, the government to its credit did not appear to be pushing any one scenario. The same thing cannot be said for the bureaucrats who were falling all over themselves trying to make sure it was a crown corporation while they were busy jockeying for position to ensure they got all the key positions in this new crown entity.
Fortunately, industry got its act together and the users and the various employee groups got together. They quickly recognized what was happening and that what was good for industry and the travelling public was the not for profit concept. They did an excellent job of not saying one at a time: "I want it and I can work with him". Rather they said: "We the industry, we the users, we the operators, we the employee groups, we the bargaining agents are all sitting together and we have agreed how to do this jointly". Thus was born Nav Canada. It was a very good collaboration by industry. People put together the best possible outcome for the divestment of the air navigation system.
The price was mentioned by the parliamentary secretary to the minister. Nav Canada was ripped off. I must make that comment because Nav Canada will not make it. Nav Canada negotiated with a gun at its head. They were the only obvious buyers and it was in their own best interests to ensure that they were the ones to take over this operation. They did not want somebody from outside with no expertise, with no concern about the users, the bargaining agents and all the internal people that make up Nav Canada to come in and take over. And they certainly did not want it to remain with the government because it was hardly an efficient or effective system.
They were the only buyers but they were also in need of getting the system and it had to come from the government. Therefore they had to pay whatever the government asked. I think they paid too much, in part to bail the government out of a problem contract it got into and perhaps also to pay off some other bad investments. One example is the microwave landing system. It was not that this concept was bad but government inertia makes it difficult to let go
of something when its time has passed. The government continued with the MLS long after it should have been abandoned, when other industrialized countries had dropped it.
We heard concerns and fears from some of the northern operators, even some remote regional operators, as the Bloc mentioned. I am a commercial pilot and I was an air traffic controller for 22 years. I have a lot of background in the specific issues people were concerned about. I have looked closely at what this bill contains and the risks. It is not a perfect bill, but what bill is? I am satisfied it contains the necessary protections and has the right intent with Nav Canada moving forward.
It is only natural that some operators should have some fears. That is to be expected. If there is any fault here it is that the government and perhaps even the committee, of which I am a member, did not do a good enough job of selling the idea and convincing the people that they were protected.
There is one area which came to the fore and troubled me a bit: general aviation and recreational aircraft fees. It is only natural for people to object to fees when they have been getting something essentially for free and which will now have a cost. Instead of a regular user fee for this category of aircraft there has been talk about a general flat annual fee. The amount that has been discussed is in the range of $500 but there is nothing in the bill. It is a Nav Canada charge.
I have heard a lot of objections from different operators and owners of aircraft along with their representatives such as the Canadian Owners and Pilots Association. They proposed an alternative, not that they do not want to pay and I am sure they do not want to pay. Who does?
However, it is reasonable that a system is there. They will have to call flight service to get weather briefings and flight information and to file flight plans. Maybe they are not flying on instruments but many people who have the equipment-and many do-still tune in and use the airway as a navigation aid for themselves. They talk to air traffic control whenever they go into a controlled airport. Some of them fly on instruments and make use of the area control centres. It is not unreasonable that they pay something for the service.
One of the suggestions they brought forward was the idea of paying for the service through an excise gas tax. I hasten to point out that they pay a significant gas tax already. It could be some portion of the amount that is already paid dedicated to go to Nav Canada instead of the fee, or even possibly a bit of that combined with a very nominal, and I stress very nominal, increase in the gasoline component of the aviation fuel tax. A pilot who flies 50 hours a year, which many private aircraft owners do, would pay based on his 50 hours. An operator or an owner who flies 500 hours would pay that much more in a similar type of aircraft because he potentially is making 10 times the use of the service.
I am not proposing that at this time. However this is enabling legislation, and is not a finely detailed, carved in stone type of legislation. I will continue to look at that proposal. I will continue to consult with the various groups and individuals this is going to impact on to see if that would have real favour. I will confirm with Nav Canada that it is something it would look on favourably if that were to be the type of system that was put in.
I move next to labour disputes. This is something that has not been overlooked by the committee. I brought it up. Again, it was something that came up. It is a very overwhelming issue. The bill moved through far too quickly. It would be a long delay to try to address this issue and would hold up a bill that should move ahead.
A lot of the bargaining agents are critical of the operation of the entire air transport system of this country, the total transportation system. The work of the air traffic controllers, flight service people, the licensing people has to continue. When it stops, the entire system stops. The government has introduced something and it is jury-rigged and a poor way of doing it.
I am not talking about this government, I might add, before I get its dander up for no reason. I do it often enough for reason so I certainly do not want to do it for no reason. I hear kind comments coming from the hon. member for Kingston and the Islands. Of course, those are the only comments I get from him.
What happened is a right to strike was given. I will use the air traffic controllers as an example. They are not the only group, but they are the ones I am most familiar with.
In the late 1960s they got the right to strike. In a contract dispute in the early 1970s when a settlement could not be reached between the Air Traffic Controllers Association and Treasury Board, the air traffic control system was shut down. The controllers went on strike and air transportation in this country stopped. After a week and a half in the dead of winter, the government legislated the controllers back to work. Mandatory arbitration was the settlement dispute.
Some time later, a contract dispute came up again. Once again it looked as if we were headed toward a strike. This time the government in advance of a strike taking place legislated the controllers so that they could not go out on strike and legislated the
settlement. In other words, it completely revoked not only their right to strike but even their right to bargain.
During the time when the strikes took place, the controllers had agreed and worked with the government. There would be a number of designated employees who would go in to ensure that safety was still maintained.
If there was an aircraft still up and in distress the controllers would handle it. If there was a medical emergency, the controllers would handle it. They would handle flights that reprovisioned remote communities in the north and air defence flights. All these types of things were still handled. It amounted to about 15 per cent of the control staff. The controllers did this willingly and the system was fine.
Sometime after the second piece of legislation, the government came out with a new list of designated employees. It pertained to everybody who controls aircraft. It came out with a list of designated duties which contained everything the controllers did. This was appealed and taken to court all the way to the top and the government prevailed.
From that day forward and for approximately the past 20 years air traffic controllers have had the right to go on strike, but when they go on strike every one of them has to report to work and they have to do all the duties they normally do. No other dispute settlement was put in place. The only dispute settlement is to strike when in fact they cannot strike. It has been a very unsatisfactory system for the past 20 years.
Now controllers and other bargaining agents in similar situations are once again getting back the right to strike. They are no longer covered by this legislation because they are no longer in the public service. They are now private sector employees covered by the Canada Labour Code.
I say in all sincerity that air traffic controllers are very conscientious and sincere people. They are interested in flight safety and in doing a good job. In fact, if controllers as a whole did not do a little more than the system even expects them to do or expects them to be able to do, the system probably would not work very well at all. They are very conscientious people but they are also people who have had a bad deal for 20 years. If there ever was a problem in negotiations between any of these bargaining agents and the new Nav Canada employer, we would have a major problem in this country.
The government had to legislate back to work the dock workers in Vancouver. I agreed in doing that. It causes severe economic problems in this country when the port of Vancouver goes down. The government legislated back to work the national rail system when it went on strike and I supported that as well. I believe it had to be done. But those two things pale in comparison to the economic impact of the air transport system of this country being shut down.
I say to the government that it should have a heads up on this problem. I want to make sure it understands that the problem exists, that we rely certainly on good faith bargaining between the various bargaining agents and Nav Canada, but at the same time the government should be aware that this potential problem is there. It may be necessary at some point in time for the government to do something about it and it should start putting some thought into it.
I will now move on to committee practices particularly with respect to this bill. I begin with the Canadian Transportation Act, specifically section 27.2.
When legislation starts in the House and goes to committee, I have to assume it goes to committee for a reason and not just because a piece of paper says that is the procedure. There has to be a reason for it to go to committee. I am told by the government that legislation goes to committee so we can discuss it openly, so we can hear witnesses, hear what problems might exist with the legislation, and address the concerns the majority of witnesses bring forward and find ways to deal with these problems.
There were many witnesses on that piece of legislation. Most of the people who came forward said: "Get rid of 27.2. It is a disaster for us". They quoted chapter and verse where all the problems were. On the other side were representatives of the National Transportation Agency, the government body. I asked them about section 27.2, which started as a significant prejudice and later became substantial commercial harm. What did it mean? They gave us a spectrum. Maybe it was a small loss or profit or, to the other extreme, maybe bankruptcy and anything in between. Lawyers will argue this for ages and precedents will eventually be set.
The government ignored that completely. It refused to do anything significant about section 27.2 or, more appropriately, remove it. Why were there all these hearings? Why was the bill sent to committee if the government was going to ignore what the public said? It then came back to this House.
A new minister is now responsible for this bill. A lot of the shippers began last minute consultations because there was a new minister and a new chair of the committee. They said they were really concerned about section 27.2. The minister said that he was also concerned, that he had just read it and had a lot of concerns about it. He asked for some time to look at it because he felt something would have to be done about it. This was nothing more than a ruse.
I offered the minister every opportunity to do something about section 27.2 without involving politics. I told him that if he wanted some co-operation to take it back to committee and do it in an all-party, relatively non-partisan way, no feet to the coals and no saying "I told you so, I'm right you're wrong". I told him it should be done because it was the right thing to do and that he had my total co-operation.
As soon as it was time for the vote they said they did not want to do anything. It passed and section 27.2 is still in the bill.
We then moved to another transport area involving the Department of Fisheries and Oceans or, more appropriately I guess, the department of oceans because in order to have a department of fisheries there has to be fish. The user pay concept is commencing, the coast guard recovery fees.
I attended the committee meetings of that department and listened to the witnesses talking about user pay. They recognized that they needed to pay and they were willing to pay. However, they thought the government was being a bit premature. There had been no cost rationalization of the coast guard and no impact study to see how this was going to affect them and the whole marine shipping strategy.
The minister was sure that the fees were going to have an impact and maybe cause some traffic to be diverted to the United States, but he felt that after the bill was implemented an impact study would be done to see how much damage it had caused. That is a pretty bizarre way of doing it. Again, it ignores everything that happened in the committee.
We now get to Bill C-20. At committee the government's privacy commissioner told us that he had a serious concern about the bill. At the present time the Privacy Act covers all the activities of Transport Canada in the operation of the air navigation system and when it is transferred to Nav Canada, a private corporation, that will not be the case.
There is also employee privacy which may possibly be dealt with in other ways. Almost everybody who takes to the air, except for some local flights, and who has to file a flight plan with particular information, is covered by the Privacy Act now. However, they will not be covered under Nav Canada as it is a private corporation.
The privacy commissioner said that it would not cost a dime and that the bill should include that the Privacy Act continue to apply to Nav Canada as if it were a crown corporation. This is the exact same wording that the parliamentary secretary bragged about tonight for the official languages. It was stated that Nav Canada, as a private company, still has to operate for the purposes of the Official Languages Act as if it were still a crown corporation.
I put in an amendment stating exactly that. I just extended what it said for the Official Languages Act. I wanted NavCan to be covered under the Privacy Act is if it were still a crown corporation. It passed. That is what a committee is supposed to do. It is supposed to consider these matters, listen to the witnesses and vote. Matters that are defeated are defeated and the matters that are passed are passed. My amendment passed and became part of the bill.
Democracy does not live well in committees. Certain parts of the committee, not sitting on this side of the House, did not like that. Democracy be damned, so they waited until the bill came to the House and put forward a motion to remove the amendment that the committee passed in response to the witnesses that came forward. That is not a very good system. It does not speak well of what the government does in committees.
I would like to turn now to what the Bloc said it its amendment. The amendment is that the bill not be read the third time because the air navigation system will not be safe with Nav Canada.
I worked in the navigation system for 22 years. For all those years we wanted to get out of government control because it would be far more efficient and more technologically advanced. We could respond quicker to changing needs through the use of technology and changing conditions.
Contrary to what the Bloc says, I believe that the system will be at least as safe as it is now. I do not wish to suggest for a moment that it is not a safe system now. However, it is not in any kind of danger with regard to safety whatsoever. It will be a much more efficient and safe system once Nav Canada takes over. Therefore I will not be supporting the Bloc motion.
It will also enhance the air industry's viability. The air transport industry in this country is in trouble. Everyone knows about the clash between Air Canada and Canadian Airlines and how both of them are writing a lot of red ink. Perhaps that is why the government relates so well to them with its red ink book. They are in trouble. With open skies they get a lot of pressure from American competitors. They need to find ways to operate more efficiently.
If Nav Canada can operate the system, which is made up of users and operators, and operate it more effectively and more efficiently than the government does, then that is going to save money for all the people involved in the industry and it will enhance that industry's viability.
It will also give enhanced service and value to the travelling public. If NavCan can keep its costs down, better compete against foreign competitors, offer better fees and better opportunities to travellers and travel to more places, the travelling public has to benefit.
Finally, it is good for the general public. The government has been running this system for years at a significant loss. Most recently with some new initiatives added toward the end of the system being under government control, the government was
losing something in the range of $200 million a year. This adds to the deficit and all the associated costs that go with that.
This is a good bill. There are some bumps in the road which the government could have handled a little better. If I had been in the government's place handling it, some things could have been done better. We have to move ahead. We have to recognize that the government needs to get out of business. The government's sole responsibility is regulation. It has retained all the regulatory controls. It will still monitor safety. It will still set standards. It will still ensure that those standards are kept up.
The government has brought forward several bills in the transportation sector. With one exception, the Pearson airport, they have been relatively good bills. It is only the implementation that has suffered.
I hope the government will continue to learn. I hope it will continue to listen, as the member for Kingston and the Islands is mostly doing, which is rather gratifying. When the government does I will be pleased to support it.