Mr. Speaker, I rise to speak in favour of Bill C-44 which is what we are discussing today. In the aftermath of September 11 there has been a blur of legislative activity on both sides of the 49th parallel. In the United States a mere 10 days after the horrendous attacks Senator Ernest Fritz Hollings of South Carolina introduced Bill S. 1447, the aviation and transportation security act.
In one bold act congress sought to restore the confidence of the American flying public. Passengers, baggage, mail and cargo were to be screened. In-flight crew were to be mandated new training to deal with air rage or terrorist crisis management. Air marshals were to appear on U.S. airliners. A complex passenger profiling system was to be enhanced.
Despite an anthrax attack on Capitol Hill which shut down congressional offices, consensus was quickly reached to prove that while America led an impressive fight against terrorism abroad the fight at home would be fought with even more strength.
The bill moved through both houses of congress faster than a rumour through the press corps. President Bush signed the bill into law a mere eight weeks after its introduction.
In Canada the blur of activity was akin to the way tires spin during the first winter snowstorm. There was a lot of noise and a touch of smoke but little action. The government was about as agile and surefooted as a newborn calf. Unlike the calf, however, the Prime Minister and transport minister are seasoned politicians with nearly 50 years of parliamentary experience between them. The lack of leadership would have been funny if it were not so dangerous and destructive to the air industry.
The Standing Committee on Transport and Government Operations was promptly mandated to look into aviation security but the government quickly put forward what it saw as more urgent matters. The Civil Aviation Tribunal needed to be extended to cover mariners. Air Canada's 15% share limit needed to be raised so people who owned less than 10% of its shares could somehow be encouraged to buy more. The Warsaw convention of 1929 needed to be amended for the third millennium. All these were important priorities but they were not priorities at all for the air industry or Canadians.
The standing committee was paying attention to the matter of aviation security. I will not omit that. However while witnesses from Air Canada, the pilots association and CUPE were advocating air marshals and other security measures the government was desperately trying to be seen to be acting although it was in no way sure what it wanted to achieve or how.
On the eve of the standing committee's scheduled November 26 to November 27 trip to Washington, D.C., the rumour mill began to swirl with promises of action. On November 20 at about 5.25 in the evening the government House leader sought unanimous consent to suspend the standing orders to introduce a government bill at 2 o'clock the next afternoon.
The bill, an act to amend certain acts of Canada, and to enact measures for implementing the biological and toxin weapons convention, in order to enhance public safety, would be complex and a briefing to staff would be offered.
Two months had passed since Senator Hollings introduced the aviation and transportation security act. There was now a flicker of hope that our government would react and do something.
At 2 p.m. on November 21 the promised bill was nowhere in sight. Last minute problems delayed its introduction. The bill, Bill C-42, was introduced the next day on November 22. It contained some 19 parts dealing with everything from money laundering to the implementation of a 1977 treaty on biotoxins. A miniature section on aviation security was thrown in for good measure and optics.
With the same deft touch which marked the bill's introduction, this past Wednesday at 3.05 p.m., within a week of Bill C-42's first reading in the House, the government House leader was again on his feet to state that unanimous consent had been obtained to delete section 4.83 in clause 5 from Bill C-42 and introduce a new bill under the guise of Bill C-44 introducing that section immediately, and that the new bill be ordered for consideration at second reading for today, Friday, November 30, less than two sittings days later.
Yesterday the House ran out of things to say and there were calls to adjourn early. On the one hand the government agenda is light, but the need to add the contents of section 4.83 in clause 5 of former Bill C-42 to the Aeronautics Act is urgent. Given the recent directionless hurry up and wait antics of the government one must wonder why one clause would matter so much.
There is a saying that everything makes sense. In other words, if one examines a situation long enough, hard enough and carefully enough eventually one will understand why it is the way it is. For this reason we need to look at the clauses of Bill C-42 which deal with the type of information an airline or other transport authority may provide to authorities.
Essentially there were three clauses. First, section 4.82 of clause 5 would allow the Minister of Transport to require any air carrier to provide him with information that is in the air carrier's control concerning persons on board or expected to be on board an aircraft for any flight to which the minister believes there is a threat.
Second, section 4.83 of clause 5 would allow a Canadian airline operating an international flight to a foreign state to provide to a competent authority in that state:
--any information that is in its control relating to persons on board or expected to be on board the aircraft and that is required by the laws of the foreign state.
Third, section 69 would add a new section, 88.1, to the Immigration Act. The new section would read:
(1) A transportation company bringing persons to Canada shall, in accordance with the regulations, provide prescribed information, including documentation and reports.
The summary which accompanied Bill C-42 said the first two clauses:
--require air carriers or persons who operate aviation reservation systems to provide information to the Minister concerning specified flights or persons.
The same summary stated that the third clause:
--requires transportation companies bringing persons to Canada to provide prescribed information, which will enhance the Department's ability to perform border checks and execute arrest warrants.
Sections 4.82 and 4.83 of clause 5 had a different purpose than section 69 so it is perhaps not a complete surprise that they address different types of information. However it may come as a surprise to some members of the House that airlines maintain two different types of files on their passengers.
First, there is the passenger name record or PNR. This is the file the airline creates when it reserves a flight for a passenger. It contains information such as the passenger's name, address, phone number and form of payment. It also contains reservation information regarding boarding city, destination, connections, flight numbers, dates, stops and seat assignment. Based on this information the manifest is prepared for each flight showing who is sitting where. At present the information is routinely handed over to authorities when there is an airline accident.
Second, there is the APIS or advance passenger information system. It includes five different fields: passenger name and date of birth, citizenship or nationality, document issuing country, gender and passport number or document number. Other than the passenger's name this information is not normally collected by the airlines. Unless passports are machine readable much of the information must be entered manually.
For this reason airlines only collect the information when they must provide it to immigration authorities. Currently the United States requires this type of information for U.S. bound Asian passengers transiting through Vancouver under the Canada-U.S. memorandum of understanding which allows such passengers to go to U.S. customs without first passing through Canada customs.
It is my understanding that sections 4.82 and 4.83 of clause 5 of Bill C-42 would have required the airlines to give PNR information to the Minister of Transport and section 69 would have required them to give APIS information to the Minister of Citizenship and Immigration.
Let us contrast this to the U.S. legislation. The new U.S. aviation and transportation security act mandates the administrator of the federal aviation administration to require air carriers to expand the application of the current computer assisted passenger pre-screening system, CAPPS, to all passengers regardless of baggage. Passengers selected under the CAPPS system are subject to additional security measures including checks of persons and carry-on baggage before boarding.
Both PNR and APIS information is sent electronically to the U.S. customs service supercomputer in Newington, Virginia, where the CAPPS system enables the passenger profiling that keeps America's skies safe.
The U.S. is actively fighting a war on terrorism. It is walking the talk, unlike the Government of Canada which is not. Thus it is instructional to read section 115 of America's aviation and transportation security act. It states:
(1) IN GENERAL--Not later than 60 days after the date of enactment of the Aviation and Transportation Security Act, each air carrier and foreign air carrier operating a passenger flight in foreign air transportation to the United States shall provide to the Commissioner of Customs by electronic transmission a passenger and crew manifest containing the information specified in paragraph (2). Carriers may use the advanced passenger information system [APIS]--
(2) INFORMATION--A passenger and crew manifest for a flight required under paragraph (1) shall contain the following information:
(A) The full name of each passenger and crew member.
(B) The date of birth and citizenship of each passenger and crew member.
(C) The sex of each passenger and crew member.
(D) The passport number and country of issuance of each passenger and crew member if required for travel.
(E) The United States visa number or resident alien card number of each passenger and crew member, as applicable.
(F) Such other information as the Under Secretary, in consultation with the Commissioner of Customs, determines is reasonably necessary to ensure aviation safety.
(3) PASSENGER NAME RECORDS--The carriers shall make passenger name record information available to the Customs Service upon request.
Subsection 4.83(1) of clause 5 of Bill C-42 would amend the Aeronautics Act by adding this to it:
Despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information, an operator of an aircraft departing from Canada or of a Canadian aircraft departing from any place outside Canada may, in accordance with the regulations, provide to a competent authority in a foreign state any information that is in its control relating to persons on board or expected to be on board the aircraft and that is required by the laws of the foreign state.
If we boil this down to its essentials it means that an operator of an aircraft departing from Canada or a Canadian aircraft departing from any place outside Canada may provide to a competent authority any information that is required by the laws of the foreign state relating to persons on board.
For example, the words “operator of an aircraft departing from Canada” would allow Air Canada to give the U.S. customs service the information that section 115 of the U.S. aviation and transportation security act would mandate with respect to passengers on its transborder routes.
Similarly the words “Canadian aircraft departing from any place outside Canada” would permit Air Canada to give the same information with respect to its flights from Australia, New Zealand and Honolulu en route to Canada.
Members will remember that I said everything makes sense. I was trying to figure out why after several aborted attempts by the government to improve aviation security in Canada Bill C-44 was being rushed through with such haste. I had a look at section 115 of the U.S. aviation and transportation security act and I think I found my answer.
There are two concepts in it that are important. First, it would apply to both U.S. and foreign carriers flying to the United States from other countries. It would therefore apply to Air Canada and charter flights operated by Air Transat, WestJet and Skyservice.
Second, section 115 of the U.S. aviation and transportation security act would come into force not later than 60 days after the date of enactment of the act which was signed by President Bush on November 19.
That means it would come into force January 18, 2002, before the House of Commons has returned from Christmas break. If Canadian carriers are to be able to comply with the U.S. legislation the House must add the text of section 4.83 of clause 5 of Bill C-42 to the Aeronautics Act before it rises in the third week of December.
We are discussing the clause today not because of any desire of the government to make our skies safer or show leadership through decisive action. We are discussing it because the U.S. acted and Canada's airlines told the government if it could not lead it should at least follow the U.S. and do so quickly.
Canadians can thank the U.S. congress for the bill. To the extent that it would keep our skies safer, credit should not go to the government but to the air industry for leaning on the government to follow the United States.
In the meantime Canadians are left waiting and wondering when a hint of leadership about the broader questions of airport and airline security may tumble out of the government and cabinet and into legislation. It has been 13 weeks since the terrorist attacks and no serious legislative action has yet been taken by the government.
It makes one wonder. Our airport security system has been clearly documented to be inadequate in terms of security. New security regimes are being put in place in countless other countries. There are public demands for a new security system. Air carriers are demanding new management of airports and airline security. Pilots and flight crews are demanding new security regimes. There has been a massive drop in consumer confidence in flying, not to mention terrorist attacks and a war.
If this environment is not enough to inspire action from the government one must wonder if it will ever get off its backside and show leadership on the issue of airline and airport security. I am not holding my breath.