Mr. Speaker, I am pleased to stand before the House today to support Bill C-4, legislation that seeks to implement the convention on international interests in mobile equipment and the protocol to the convention on international interests in mobile equipment on matters specific to aircraft equipment.
Canada played a leading role in the negotiation and development of the Cape Town convention and protocol. This active involvement highlights Canada's commitment to seek global solutions to global problems in cooperation with the rest of international community. In fact, it was a Canadian delegate to the International Institute for the Unification of Private Law, or UNIDROIT, who first proposed the establishment of an international registry for security interests in aircraft in 1988.
Implementation of the convention and protocol in Canada would reaffirm Canada's leadership role in international civil aviation. The convention and protocol represent an unparalleled example of cooperation between governments and industry in creating international regime. Representatives of the Canadian aviation industry were present and participated in many of the meetings leading up to the diplomatic conference at Cape Town, as well as the meeting that formally adopted these international instruments. The convention and protocol were concluded in Cape Town, South Africa, in November 2001.
I believe we all agree that a strong, competitive aviation industry is important for Canada's economy today and into the 21st century. Furthermore, it is widely recognized that this sector has faced significant challenges over the past few years.
The aviation sector is particularly vulnerable to economic shocks and other geopolitical events. September 11, SARS and record high fuel prices have all had negative effects on this sector. Industry stakeholders have been calling on the Government of Canada to implement broad measures to help improve the difficult situations facing the airline industry and aerospace sectors.
These stakeholders have been continuously consulted throughout the process leading up to the tabling of this bill and they remain supportive. Indeed, on November 2, 2004, representatives of certain air industry stakeholders, Air Canada, the law firm of Cassels, Brock, and the Air Transport Association of Canada, were called as witnesses by the Standing Committee on Transport. The witnesses made a joint representation in strong support of the international treaty and the intent of Bill C-4.
Passing the bill and ratifying the convention and protocol will demonstrate the government's commitment to and support of the long term viability of Canada's airline and aerospace industry. Adopting Bill C-4 will allow these industries to compete more effectively in the global economy by facilitating their access to capital markets. Improving the competitiveness of the Canadian airline and aerospace sector will help maintain highly paid, specialized jobs in Canada, leading to positive spinoff effects in all regions of Canada and throughout the economy.
Stakeholders expect to see substantial benefits following the adoption of this proposed legislation and Canada's ratification of the convention and protocol. For example, airlines expect that the new regime will enhance their ability to obtain financing for aircraft due to the increased security that the system offers creditors.
Since the rules provided for in the convention, the protocol and this bill reduce their financial risks, it is expected that creditors will make greater levels of credit available at lesser cost. This will have a direct financial impact on airlines since it will reduce their costs of borrowing money.
Consumers can, in turn, be expected to benefit through increased airline services and/or lower fares assuming that airlines pass the realized cost savings to the end users.
Aircraft manufacturers should benefit from the increased sales volumes that will result from reduced financing costs. Furthermore, air transportation can become safer and environmentally cleaner once airlines are allowed to purchase more modern aircraft at reduced costs.
Not only Canada would benefit from the adoption of this treaty, but so would developing nations. The implementation of the convention and protocol in developing countries will result in reduced financial costs and will make financing available where it might not otherwise be. As a result of the increased certainty afforded to creditors, airlines will be more willing to dispose of surplus aircraft in developing markets. These markets will benefit from obtaining safer, more efficient and more environmentally friendly aircraft than what may be in current use.
For a country like Canada, the convention contains a few major innovations. However it will provide other countries with a considerable measure of legal improvements that may well assist in them getting the most out of their economies, while at the same time providing enhanced opportunities for Canadian business.
The first major feature of the convention and protocol, which is what will help increase certainty in the industry, is a provision for a special remedy in the case of insolvency that would impose a fixed stay period of 60 days. After this period, creditors could reclaim an aircraft or aircraft equipment on which they have a security if the lessee has failed to meet its obligations under the lease.
The second major feature of the convention and protocol involves the creation of a worldwide Internet based registry for aircraft equipment. This registry would be available to and accessible by any individual or company 24 hours a day, 7 days a week.
The existence of a single worldwide electronic international registry for recording and searching interests in aircraft equipment is viewed by stakeholders, including the legal community, manufacturers and financiers, as a considerable advantage in terms of time, cost savings and improved certainty.
The registry will be set up and operated by Aviareto, an Irish based company that was selected through a tendering process supervised by the International Civil Aviation Organization, ICAO. A permanent supervisory authority will oversee the operation of the registry.
Some of the authority's responsibilities will include: appointing and dismissing the registry operator; making regulations dealing with the operation of the registry; establishing a procedure for receiving complaints; setting the fee structure; and reporting to contracting states.
As a signatory party and key participant to date, Canada will continue to work through ICAO to ensure that Canadian interests are protected throughout this process.
In summary, the benefits to Canada of implementing the bill and ratifying the convention and protocol include: greater security for creditors; increased competitiveness of the Canadian aerospace and airline industries; maintaining jobs in Canada; and spinoff effects for various regions within Canada.
As the House can see, adopting Bill C-4 will have positive effects on the aviation industry and on the Canadian economy as a whole.