Madam Speaker, it gives me pleasure to have the opportunity to speak about the establishment of the Transportation Appeal Tribunal of Canada. We are going through a period characterized by great insecurity in the field of transportation and this affects not only the Department of Transport but almost all departments. Clearly there is no simple solution to a complex problem.
In this spirit, I wish to pay tribute to the excellent work done by our colleague, the Canadian Minister of Transport, who has played a very important role in co-ordinating the activities of various departments. From the very first day of the crisis, when terrorism invaded all the countries of the world, he showed great wisdom in implementing concrete measures, which will not be in place forever but which were very important in the short term.
I have frequently heard certain members of the opposition criticizing some of these measures. They would have liked to see a simple response to something as complex as terrorism. Nonetheless, the minister has moved forward, implementing measures which will help, in the very near future, we hope, to put the airline industry back on its fee, and which will have an impact on all economic activities and all aspects of our economic and social life.
It should be pointed out that in spite of the grievances of some opposition members, there are many who would find it a lonely place if they were members of other western parliaments. I think that Canada and the Canadian parliament have been models of consultation and information since the beginning of the crisis.
We have had tens of hours of debate, the Prime Minister has been present at almost every oral question period and the Minister of Transport has been present at all of them. He was also here throughout the emergency debate that we had on Monday evening to discuss the air transportation issue. I should also mention the availability of all the committee members. Not many parliaments in the western world have been so open to a largely public discussion on the enormous challenge that faces us in the area of security.
I am pleased to support Bill C-34, an act to establish the Transportation Appeal Tribunal of Canada and to make consequential amendments to other acts. This bill is another illustration of the federal government's commitment to reform the legislation on national transportation and to improve safety and security in the national transportation system.
In order to have the safest possible transportation system, it is very important that Transport Canada officials have a broad set of effective powers to ensure compliance and enforce regulations.
When serious offences are committed, we rely on criminal proceedings and penalties. We will continue to deal with these types of offences through the use of enforcement powers and criminal penalties. However, because of certain acts governing transportation in Canada, the department has had to rely on criminal proceedings to deal with minor offences.
Criminal proceedings can be very costly and in some cases they can drag on for years. Moreover, the vast majority of offences under the various federal transportation laws are not of a criminal nature. There is a huge discrepancy between the offence and the criminal penalty that may be imposed. For these two reasons, there has been in recent years a marked tendency to decriminalize federal transportation laws and implement an administrative process instead of resorting to criminal proceedings, except for serious offences.
Administrative measures can take various forms: licences, certificates and permits may be suspended or revoked; compliance transactions may be concluded; pecuniary penalties may be imposed; and orders can be issued.
Current federal legislation on transport, as well as that proposed, contains examples of these administrative powers.
There is another point that is as important as the matter of administrative powers and that is the need for individuals and businesses that have been taken to court to have recourse to an independent entity able to review the way Transport Canada is using its powers.
As far as aviation is concerned, individuals and companies against which administrative measures have been applied under the Aeronautics Act have recourse to the civil aviation tribunal. There is no similar tribunal for the maritime or rail sector. In those sector, the examination processes, if there are any, take place typically within the department.
The purpose of Bill C-34 and of the creation of the transportation appeal tribunal of Canada is to enable the maritime and rail sectors to have the same effective right to recourse as the civil aviation sector does with the civil aviation tribunal with respect to administrative decisions by Transport Canada.
The civil aviation tribunal was created in 1986 to examine cases of infractions of the licensing or other regulations by companies or individuals under the Aeronautics Act. The tribunal is completely independent of Transport Canada.
For more than 15 years, the civil aviation tribunal has been providing admirable service to the aviation industry and the department. In the course of a typical year the CAT holds about 100 hearings as well as settling some 100 other cases without involving the entire hearing process.
The new transportation appeal tribunal of Canada would replace the civil aviation Ttibunal as well as encompassing the marine and rail modes. The three major circuits would therefore be integrated. Cases would be heard relating not only to the Aeronautics Act but also to the Canada Shipping Act, the Canada Transportation Act, the Marine Transportation Safety Act and the Railway Safety Act. Thanks to the creation of a multimodal tribunal, the aviation, maritime and rail sectors would all have similar rights of recourse in connection with administrative decisions by Transport Canada.
The new tribunal would adopt many of the specific characteristics that have made the civil aviation tribunal so effective. Members of the transportation appeal tribunal should possess expertise in the specific transport field. For example, cases relating to the maritime shipping sector would be heard by tribunal members with knowledge of that sector, and the same for the rail sector.
Under this approach all the cases would be heard by people who have the necessary technical and operational background to understand the evidence, determine if all the regulations and security standards were complied wit, and identify the impact on security of failing to comply with regulations or of engaging in dangerous practices.
The process the tribunal would adopt would be informal, inexpensive and quick, because the tribunal would be an administrative body as opposed to a court of justice. It would not be subject to some of the costs, restrictions and other matters associated with criminal procedures.
Operators or individuals could represent themselves instead of hiring a lawyer, but the parties would be free to do so if they wish to.
The new tribunal would examine all the cases in two stages. First, a review hearing would be held by a single member of the tribunal. After having heard the two parties and taking into consideration all the evidence adduced, the member would make a determination. The individual against whom the measures would be taken could appeal to an appeal panel, which would usually consist of three of the members of the tribunal.
In some cases the department could also appeal the determination made by the member and the decision of the tribunal would be final. Moreover, the appeal could not be taken to the courts if it was based on the same facts as those examined by the tribunal.
The powers of the transportation appeal tribunal of Canada would depend on the nature of the cases it hears. Should the penalty be essentially punitive, the tribunal's decision would take precedence over that of the department. A good example would be the levying of a monetary penalty by the department based on the breach of a regulation.
After considering the evidence provided by the parties, the tribunal would be authorized to make a final, mandatory decision as to whether or not there actually was an offence committed and, if so, what the appropriate penalty should be.
Conversely, when measures are more concerned with qualifications for holding a licence, a certificate or other documents, and other matters of safety and security, the tribunal could, as a general rule, merely confirm the department's decision or refer it back to the department for review.
The purpose of the bill is not to water down the Department of Transport's basic responsibilities for safety and security under various statutes. As I have already said, the transportation appeal tribunal of Canada would operate in essentially the same manner as the civil aviation tribunal.
I am certain that the transportation appeal tribunal of Canada, as proposed in Bill C-34 would provide the department and the air, rail and marine sectors with a process for reviewing enforcement measures that is fair, rapid and cost effective. The tribunal would promote greater compliance with federal statutes governing transportation and would enhance safety and security in the national transportation system.