Mr. Speaker, I am pleased to rise to contribute to the debate on Bill C-310, An Act to Provide Certain Rights to Air Passengers.
This bill was introduced by the member for Elmwood—Transcona, and at the outset, I would like to commend him for the intent of this bill. All members, including those on this side of the House, share his concern for strong consumer protection, whether for airline passengers or for other consumers.
Pressure has been mounting from many different sources for parliamentarians to address consumers' complaints against the airline industry. As a member of the Standing Committee on Transport, Infrastructure and Communities, I can tell the House that we have received a number of pieces of correspondence from airline industry representatives and other Canadians regarding this issue, and this private member's bill in particular.
Complaints have become even more frequent and action is more urgently needed. Given the delays many air travellers have faced in the past two Christmas seasons, and by the travellers who encountered difficulty in leaving Mexico following the H1N1 crisis, while many of their stories are unfortunate, both of these instances serve as reminders that there are many aspects of air travel, including blizzards and outbreaks of disease, which are completely out of our control.
The bill before us proposes that we address these concerns by imposing a range of obligations on air carriers, as well as stiff penalties should the carriers fail to meet those obligations.
The bill is well meaning for consumers, in the sense that it clearly intends to address some of the concerns that they have raised, but well meaning is where it ends. Its appeal to populism is punitive and it is potentially devastating to Canada's airline industry.
This bill would place some very serious financial constraints and penalties on airlines in this country. We on this side of the House have a duty to be mindful of this during a time of economic uncertainty.
At the transport committee, we have heard from a number of airlines and other industry representatives, many of whom believe that Bill C-310 is highly punitive and will cause adverse consequences. For example, the Air Transport Association of Canada, which has approximately 185 members, had this to say about Bill C-310:
The financial “compensation” paragraphs of Bill C-310...bears no relationship to the economic realities of air transport in Canada. Where is the equality in paying a customer who purchased a $99.00 ticket to Florida $1200.00 in “compensation”? Canada has an open market place. If a particular carrier routinely delays or cancels flights there generally are alternatives available to customers. There are no similar strictures on other transport modes that have delays or cancellations. Why air transport? Why not let passengers vote with their wallets?
The Air Transport Association of Canada went on to say that if this legislation moves forward, we can expect to see the following consequences: it will lower passenger safety in Canada by encouraging more risk taking; air carriers will have to increase ticket prices substantially in order to recover costs contemplated by this bill; and service to some communities, mostly remote, and segments of the population, for example, unaccompanied children, will be reduced or eliminated.
These serious concerns from industry should make it very obvious that this legislation was drafted without consultation with the industry.
There is an old saying that we should beware of what we wish for. Should we pass this legislation, I believe we may well find that consumers will not be better off. In fact, they may face bigger problems.
There are many unanswered questions still lingering about this bill. What would it cost for the airline industry to implement the provisions? What would the consequences of their implementation be? Who would enforce these provisions? Because of this uncertainty, our government cannot support this bill.
We have heard from industry. The Canadian Airports Council specifically said, “Passage of C-310 would directly add costs to air carriers that would have to be passed on to consumers”. This is counter to the intention of the bill. Consumers would not be better off with higher fares.
I would also point out that if Canada were to adopt the provisions in Bill C-310, we would be seriously out of sync with the regulatory regimes of our trading partners at a time when we should be seeking regulatory harmony.
The penalties in the bill are harsher than those in the European Union air passenger bill of rights. The United States, our largest trading partner, does not impose such strict obligations and harsh penalties on its carriers.
The member for Elmwood—Transcona has at heart the same interest that we share on this side of the House. We all want better consumer protection for air travellers, but ultimately, the bill before us would not serve the best interest of the consumer. This bill would almost certainly result in the unintended consequences of fewer choices and higher prices. Moreover, it could produce an air transportation system that is less safe.
We need a more thoughtful and nuanced approach to passengers' rights. I am sure that members on both sides of the House join me in supporting the intent of the bill. However, due to its adverse consequences, I would ask that all members join me in voting against Bill C-310.