Mr. Speaker, over the next 10 minutes, I will try to explain the position that the Bloc Québécois took in committee on Bill C-310.
I will take a moment to reread the motion before us today. The committee report reads as follows: “That, pursuant to Standing Order 97.1, and, after some hearings on Bill C-310...the Committee recommend that the House do not proceed further with Bill C-310—” because it makes air carriers solely responsible.
This is important because our position has always been as clear as day. I think that airlines should be held responsible for what they do, but I will never agree that they should be held responsible for actions that may have been or may yet be taken by other air industry participants, such as airport authorities like ADM in Montreal or the Toronto or Ottawa airport authorities. They are responsible for, among other things, de-icing planes. I could say much more on the subject. CATSA, the Canadian Air Transport Security Authority, which conducts searches, could also be responsible. I would not want companies to have to pay for delays. NAV CANADA is responsible for flights, and its air traffic controllers make sure that planes are always safe. I would not want companies to have to pay if ever there was a problem and NAV CANADA grounded flights or if the Canada Border Services Agency, Customs and Excise, delayed a flight for safety or security reasons. I would not want airlines to be held responsible for that.
This has always been the Bloc Québécois' position. I agree that airlines should be held responsible for their mistakes and their actions, but I do not think that they should be responsible for the actions of other parties.
The Bloc Québécois submitted a proposal. The Bloc examined Bill C-310. The problem with private members' bills is that we do not have unlimited options. A government bill can be amended with the consent of the government, but the nature of a private member's bill cannot be changed. In this case, the bill introduced by the NDP member holds airlines accountable. I will read the amendment that we proposed for clause 4 in particular, but it was always the same amendment. The Bloc Québécois proposed adding the following to all the clauses:
If the air carrier required to provide services or compensation under subsection (1) is of the opinion that the flight cancellation results from a measure or decision taken by an airport authority, the Canadian Air Transport Security Authority (CATSA), NAV CANADA or the Canada Border Services Agency, it may submit the matter to the Department of Transport, which shall determine the responsibility of the organization in question and its obligation to refund the air carrier the amounts it had to pay out under this subsection.
The goal was to make whoever was responsible pay, if it was not the airline that was responsible. Transport Canada would have to investigate and make whoever was responsible pay.
I think it was logical and useful, except that it was deemed to be out of order because the amendment concerned a private members' bill and would change the nature of it. Consequently, the House of Commons law clerks said that the amendment was out of order.
Once again, I was prepared to improve this bill, but I could not because the amendment was out of order. That is fine, that is how things work. That means that the bill from our NDP colleague could not do what I was hoping it could. I had the opportunity to tell him that it was not a good bill because it only held the airlines responsible.
I am not the only one. I heard the Liberal member and I will probably hear our NDP colleague, but we heard from more than just the airlines in committee. The Canadian Bar Association offered its conclusion about Bill C-310.
The CBA Section does not believe that Bill C-310 is required in the public interest. Passengers have established avenues for redress that appear to be functioning well. Bill C-310 imposes a universal standard of conduct that cannot necessarily be met – at all or without costs that may not be appropriate for the benefit obtained. The Bill's scheme of compensation and penalties is arbitrary to the point of unfairness.
The Canadian Bar Association came to tell us that this bill is unfair and I agree. It is unfair to the airlines that would have to pay for damages they did not cause.
My colleague touched on what happened in the Cubana case. Planes stayed on the tarmac for more than 12 hours. During the holidays, the Cubana company had to divert planes from Montreal because of the weather. There were Quebeckers on board those flights.
In Ottawa, they were not allowed to deplane and go into the airport. They stayed for 12 hours without food, water or toilets until a passenger called the police to say that it made no sense to be held like prisoners in a plane on the tarmac in Ottawa. They managed to resolve the situation. The airline had had to reroute the plane to Ottawa because of the weather. Again, they were exempt because of the weather.
I wrote to the Ottawa Airport Authority, Cubana and Transport Canada. Two years later, I still do not know who is responsible. At first, the Ottawa airport said that Cubana had not paid its fees and that was why the airport did not open its doors to let the passengers off the plane. Cubana told us that it did pay its fees. Was the person in charge of collecting the fees at the Ottawa airport away on vacation? Probably. Someone made a mistake, but it seems it was not necessarily the airline. It was exempt because of the weather.
We cannot solve everything with one bill. That is what our NDP colleague hoped to do. Someone is trying to play politics with a bill that would penalize airlines for things that are not their fault in many cases. The Canadian Bar Association said as much. We have analyzed the situation. After what happened with Cubana, the government asked that all Canadian airlines at least be able to regulate this.
That is when the famous flight rights Canada program came into being, referring to the rights we have when we buy a plane ticket. During the recent events in Europe, Canadian airlines were able to accommodate their passengers, at least.
I have been trying to follow what is being said in the media to see if any official complaints have been filed. I have contacted some airlines. They seem to have been able to accommodate people. They did not punish people who were unable to fly to Europe because of the volcano. They tried to transfer flights and reservations. These accommodations are included in passenger flight rights. They are included in the plane ticket.
These companies agreed to do so at the request of the government. It is a step in the right direction. Obviously, if there ever were a public outcry about the behaviour of airline companies, I am convinced that we would amend the law. When the Canadian Bar Association says that there is no need to amend the law, we must listen.
In Quebec, the consumer protection act gives passengers many rights with respect to reimbursement and other things.
I have always had the same focus: I want justice to be served. If the airline company is responsible for damage suffered by a passenger, I want the latter to be compensated. However, it if is not responsible, it should not be blamed. The financial situation of airline companies is fragile. Two companies have shut down in the past six months.
Can we impose an additional burden on the airline industry when the Canadian Bar Association has said it is not necessary? It is simply being done for political gain. In addition, it is good politics to offer this up against an industry that has shown interest by voluntarily participating in the government's suggestion of passenger rights.
Once again, we will support—