House of Commons Hansard #226 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was c-49.

Topics

Transportation Modernization ActGovernment Orders

11 a.m.

Liberal

Karen McCrimmon Liberal Kanata—Carleton, ON

Madam Speaker, I would like to reassure the hon. member that we have found that balance. The committee worked hard to bring in witnesses to tell both sides of the story and make sure it could come up with something that would work for everyone.

We need our enterprises to thrive. We also need our passengers and Canadians to be well served. I think the bill has found that balance, and will work out for both equally well.

Transportation Modernization ActGovernment Orders

11:05 a.m.

Conservative

Alupa Clarke Conservative Beauport—Limoilou, QC

Madam Speaker, some provisions of the bill attempt to respond to a specific situation. Sometimes, two airlines may be compelled to streamline their operations. For example, if there is a flight between Toronto and Atlanta, Delta Airlines and Air Canada could decide to merge their operations and offer a single route instead of two separate ones. That means that when a customer books a plane ticket, either Air Canada or Delta Airlines will get the contract.

When airlines merge their operations, even if it is just for one particular route, the competition commissioner must determine whether so doing will reduce the competition on the market and he must also ensure that this will not drive up prices for consumers.

Under this bill, the minister would have the final say as to whether this sort of action is in the public interest or not. I would therefore like to know how the Liberals define the notion of public interest when airlines want to merge routes.

Transportation Modernization ActGovernment Orders

11:05 a.m.

Liberal

Karen McCrimmon Liberal Kanata—Carleton, ON

Madam Speaker, again, we see it in the same way, because we need both. We need competition, but we also need the Competition Bureau to be a part of the process. That is what this legislation does. It involves the Competition Bureau right from the very beginning.

In the current process, the Competition Bureau is not involved until near the end of the process. We said we wanted the Minister of Transport to work with the competition commissioner right from the very start, to come up with ways to ensure that whatever is being proposed would actually serve Canadians better. It is a change to how the process itself was designed, but getting the Competition Bureau involved earlier in the process would be a positive step.

Transportation Modernization ActGovernment Orders

11:05 a.m.

Liberal

Judy Sgro Liberal Humber River—Black Creek, ON

Madam Speaker, Bill C-49 is about bringing transportation into 2030 and the future. The bill would be an expansion of economic opportunities for the airlines, our shippers, and our railways. Much of this focuses on the economic side.

Would the parliamentary secretary elaborate a bit more on the passenger bill of rights, which we all know is extremely important as we move forward with more transportation challenges? How would that better protect the interests of Canadians when they book flights with airlines?

Transportation Modernization ActGovernment Orders

11:05 a.m.

Liberal

Karen McCrimmon Liberal Kanata—Carleton, ON

Madam Speaker, most of us have heard in the media about some unfortunate incidents in the recent past, some of them in Canada and some elsewhere around the world, when passengers did not receive the kind of treatment they deserved. When we have talked to people, we have heard that having a passenger bill of rights is very important to them. In the consultations, people said that when they made a contract with a transportation company, they wanted the company to fulfill the contract and treat them in the way they deserve to be treated.

By legislating this in the bill and then having the details in the following regulations, Canadians will have all the information they need and they will get the protections they deserve.

Transportation Modernization ActGovernment Orders

11:05 a.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I carefully listened to the parliamentary secretary's speech. She presented the bill as a product of bipartisanship among all parties, but she must know that of all the proposed amendments, the vast majority of them were voted down by the Liberal members of the committee. The three amendments supported by the Conservatives dealt with date changes in the bill. Actually Liberal subamendments were delivered on those amendments.

This is not so much a question as it is a comment. The Liberals cannot present the bill as a product of co-operation between the two parties. The vast majority of ideas that opposition members heard from witnesses and then tried to implement through amendments were not taken at the later stages of the bill.

Transportation Modernization ActGovernment Orders

11:10 a.m.

Liberal

Karen McCrimmon Liberal Kanata—Carleton, ON

Madam Speaker, it is true that we heard many different witnesses at committee and the witnesses did not always agree. They came to the committee, which is what we wanted. We wanted to ensure we heard both sides of the story. Having a complete witness list allowed us to have the kind of discussions we needed. We will always disagree on some amendments. We will not always to see things the same, but there was a very collaborative, consultative kind of spirit through the committee's work.

Transportation Modernization ActGovernment Orders

11:10 a.m.

NDP

Brigitte Sansoucy NDP Saint-Hyacinthe—Bagot, QC

Madam Speaker, when I meet with my constituents from Saint-Hyacinthe—Bagot, I tell them how honoured I am to rise in the House to vote on their behalf. The question that I would like to ask my colleague is this: how can I properly fulfill that role when I am being asked to vote on an omnibus bill like Bill C-49, which seeks to amend 13 pieces of legislation.

The bill may contain one or two worthwhile measures, but I cannot properly represent the people of Saint-Hyacinthe—Bagot by voting in favour of an omnibus bill that amends 13 pieces of legislation. How can my colleague justify asking members to vote on an omnibus bill that changes so many aspects of our society?

Transportation Modernization ActGovernment Orders

11:10 a.m.

Liberal

Karen McCrimmon Liberal Kanata—Carleton, ON

Madam Speaker, the aim of the bill is to end up with a safer, more secure, and fully integrated long-term strategic plan Canadian transportation system that serves everybody. Ninety per cent of the bill would amend one act, the Canada Transportation Act. However, we all know that often there might be enabling or supporting elements located in other legislation, and that is the other 10%. Everything in the bill is aimed toward coming up with a better transportation system to serve Canadians.

Transportation Modernization ActGovernment Orders

11:10 a.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, I am pleased to join this debate at the last stage of the bill, affording my last opportunity to mention a few things.

I did not get a chance to stand once more to make another comment for the parliamentary secretary. She used the word “historic” in her speech. It would be incumbent upon me to point out that today is a historic day. It is 500 years since the great reformation when Martin Luther nailed his 95 theses in the Wittenberg Cathedral. That is a true historic day.

The bill is interesting, and it is an omnibus bill. However, before I go into the nature of omnibus bills, I want to mention a unique part of my riding of Calgary Shepard, and I am very honoured to represent the residents there.

The community of Ogden is on the north side of my riding. It is where my constituency office is located. The head office of one of Canada's major railways is also located there. It is called the Ogden stockyards for a reason. CP moved its headquarters to Ogden, a community that was historically set up and named after CP's vice president at the time, Mr. I.G. Ogden. There is a deep relationship between the railroad, Calgary Shepard, and the area in which the riding finds itself. It hosts a spectacular Legion Remembrance Day celebration, commemorating all those who were employees of the railroad and their family members who served in Word War I and World War II. It serves a lunch to the community afterwards. It is a fantastic thing. It started after it moved to the area, with which it historically has a relationship. CP used to have its headquarters in downtown Calgary at the Gulf Towers, but moved it in 2012.

Another interesting part is that because CP cares so much about its history and has such a deep relationship with the community, early in June it moved the 91-tonne Locomotive 29 from downtown. If people have been to the Calgary Stampede, they would see this locomotive on TV, as the parade route passes by it. It is a 130-year-old locomotive, and was moved to commemorate CP's history.

The bill, because it deals with railroads, airlines, and transportation, is omnibus legislation. The minister said yesterday that 90% of the bill dealt with one facet. However, it would go on to amend so many other pieces of legislation, some of which really do not deal so much with safety as with competition and the relationship between a consumer and producer of a good or service provider. Therefore, when the minister says this, then it is an omnibus bill. It is kind of like introducing an infrastructure bank in a budget implementation bill. That makes the budget implementation bill an omnibus bill. Therefore, the Liberals cannot deny that this is another broken Liberal promise.

Yesterday I called it a trick or treat bill. It is offering something that supposedly will resolve an issue or problem in the marketplace, a user-experience problem, but it is not so much the treat but the trick. It would not resolve the issues the Liberals believe it would.

The general opinion I have heard on the bill, from editorialists and critics on passenger rights and the service provided by different railroads, is that the proposed legislation will not meet the goals set out by the government. It might be a step in the right direction sometimes, but it is one step forward and two steps back.

As I had mentioned in my commentary for the parliamentary secretary, all the reasonable amendments put forward by Conservative members were voted down. The three that were not were subamended by Liberal members. I had put forward very similar ideas. The Liberals had heard a very similar concept from witnesses. They are actually changing it from seven to two days and one year to 180 days. These are highly technical date and number amendments done at committee. It is not the type of work I have seen with other pieces of legislation, such as the Senate private member's bill that dealt with the Magnitsky Act. There was far more back and forth and substantive amendments were made.

I know many members expect this, so I have a Yiddish proverb. “To every answer you can find a new question.” I will lead off the rest of my intervention on this proverb.

The more I hear answers from the government and various members on all sides, the more questions I have about the goals of the bill and where it will go. With every answer, I have even more questions. Therefore, I have some rhetorical questions that I will share with the House.

I read a May Globe and Mail editorial called the bill “a strange beast”. Yesterday, I called it the “demogorgon” from Stranger Things, a show I highly recommend for all members of the House, although not for young children.

The bill works at cross-purposes. Editorialists mentioned that the costs might be reduced on one end but would go up on the other end. Hopefully, competition will increase, which is a goal of this legislation. I do not think it will achieve that. The government hopes more people will be enticed to use airline services and choose to fly instead of drive.

Security fees will go up, which is a disincentive for air passengers. However, cost is only one issue for passengers. There is also the user's experience and accessibility. Access, in general, is a point we should always remember.

The bill talks about a higher max amount for foreign ownership being changed for Canadian airlines. Although it is a step in the right direction, it is only one step.

Higher equity stakes by themselves do not lead to more competition, and that is important to remember. Allowing international investors to own a bigger portion of current companies will not lead necessarily to more competition. It is a goal. What we need is a level playing field to allow an opportunity for new airlines and joint ventures.

I have much more to say about joint ventures because the bill gets that balance wrong. It puts the onus on the wrong person. More government involvement in the private sector in business is not the correct way to structure the economy in general.

As well, new entrants will look at taxation and a solid, stable business environment. That is something the fall economic statement does not envision for the future of Canada. GDP is going down every year. There is a gap between the first budget the Liberals tabled in the House and the following budgets, such that GDP growth goes up one year and the next year it goes down drastically. Today is Halloween, so I find these GDP growth numbers spooky.

A few provisions in the bill directly affect how joint ventures will be agreed to. It gives the minister of transport a role in approving applications for airline joint ventures, where two independent companies arrive at a negotiated agreement to provide a service to customers in Canada. Injecting the Minister of Transport into such a process is the wrong way to go. We already have the Competition Bureau to ensure there will be an increase in competition. We should not be involving more ministers of the crown in business decisions. There should be less government involvement in the business sector and the private economy.

The Government of Canada's answer has been that this will be good for business. This brings back the Yiddish proverb that it begs more questions. If the solution is that more government involvement will create more competition and thus be good for customers, then why politicize the process by putting a minister of the crown in the position where he or she has to decide whether a joint venture goes forward? Why inject the minister into a business decision?

The exact reverse is being done in the energy infrastructure approval process where everything is being delegated down to the National Energy Board. We can see the results of this. There is a complete paralysis in companies going ahead with the approval and construction of new projects. A lot of companies are concerned about going forward with new projects being considered in their shops and offices. They have not yet gone to the regulator to propose them. They are concerned that they will be unable to meet the new rules the NEB keeps creating, or that the costs of meeting them will be high.

This does not improve the business environment. Rather, it is worsen it. It would be much better to level the field, reduce political involvement, and ensure business certainty is provided. I do not think injecting the minister into joint venture provisions and allowing him or her to have a say over whether a joint venture can go ahead is the right way.

Most of the amendments were put forward after the committee had heard from witnesses, but I really want to dispel the notion that this bill, as it stands, is a product of bipartisanship or collaboration between the parties. Although I am sure there is collaboration at committee in terms of the discussions back and forth and that everything is cordial and collegial, there still have to be substantive differences between the opposition and the government, and there were on this issue. The opposition parties provided substantive amendments that could have been considered more seriously by the government caucus members for approval. Then we could say the bill was truly due to a collegial bipartisan effort and that the product is good.

What do passengers care about? That is the goal of the bill. Members were asking themselves what passengers and producers care about when dealing with railroads, but especially asked this question with respect to air passengers, because more and more Canadians are travelling by air. Cost, access, and user experience I think are the three most important things. Cost comes down to the dollar amount. There is opportunity to shop on different websites and I think everyone considers how many points they will get. We know that Canadians love their points, whether from Mastercard, Visa, Aeroplan, or Air Miles. Whatever they are, people in this country like to collect points, and it goes into the total cost.

Access comprises the ease of the travel, the convenience, and the airport services. Who can travel and how are other considerations. I choose an airline based on my ability to sit with my kids. I have three young kids and I want to make sure that I do not have to rush to the airport early to get them assigned seats. I want to make sure that they will all be sitting with me, so other passengers and I have an easier time travelling. I actually pick an airline based on the one that will give me the easiest time dealing with my three kids to make sure they can get through their experience.

As for the total user experience, Bill C-49 focuses only on user experience. This is not just my point. Massimo Bergamini, president of the National Airlines Council of Canada, says that the bill focuses too much on air carriers and fails to recognize that the air traveller experience, as I mentioned, does not just start at the check-in phase and then end at baggage pickup. It is the total experience one has. That is far more difficult to get right in one piece of legislation and the bill before the House does not quite achieve that point, because it does not consider the end costs or the access component of it.

We should not sacrifice customer expectations. That point was raised by others, and I agree with it. We are always purchasing difference services and products, and critics of the bill have said that the passenger bill of rights is a band-aid solution. To the point of the Yiddish proverb, the government caucus says this will resolve customer expectation and service-delivery issues, but it begs the question of why we are doing this if critics are saying this is only a band-aid solution. What then is the best remedy? The best remedy is always more competition in the free market, which leads to more consumer choice. The solution is not more government, yet this bill would create more government. By setting out expectations, the government would be able to deliver on more fairness and would be able to police the airlines more effectively. On the railway side, the government would also be more involved in setting prices and telling the railroads how to deal with their customers.

The passenger bill of rights has a section called “Ministerial Directions”, and says, “The Minister may issue directions to the Agency to make a regulation under paragraph (1)(g) respecting any of the carrier’s other obligations towards passengers.” This is after listing a whole series of obligations. In the bill, “obligations” is a very general term. It says, “The Agency shall comply with these directions.” If, in the future, the minister decides that airlines have a new obligation they need to meet, whatever it could be, whether providing a certain type of meal, a certain type of seat, or a certain type of service beyond those enumerated, then the minister can give that direction.

Again, in a free market, we can shop around. That would be the best way to go forward. We have already seen this is in the tech sector. There are apps on our iPads and phones and when an app does not deliver what we expect, we delete it. We get rid of it and move on. Whatever costs we have sunk into it, we ignore them. Hopefully, it was free, though it is not always free, and then we move on.

The same thing applies to smart phones. There is broad competition phones between all of the different smart phone providers and software types offered. People pick and choose which ones they want based on the services offered, the functionality, cost, and ease of use of the phones, and sometimes the ease of transferring to another device when it comes time for an upgrade.

The same concept should apply to airlines and the services they provide, particularly if people are not satisfied with them. It is not necessarily just a matter of choosing between airlines, but also about choosing other modes of transportation. Depending which part of the country someone lives in, people will have different modes of transportation to choose from. If someone lives in the Windsor, Montreal, Toronto, Ottawa corridor, they will have more choices. I have taken advantage of that and taken Via Rail in the past. As a westerner, it is quite an experience because we do not have those types of service levels. The distances are far greater. I could have flown but chose not to. I wanted to experience Canada, as well as the travel time it would take using passenger rail.

I have travelled throughout Europe using passenger rail as well. It is very convenient. Again, their governments are sometimes involved in setting prices, but mostly in dealing with disputes. There is far more competition in Europe. Encouraging competition and new entrants is more than just about the equity stakes allowed. It is a matter of the regulatory environment, fees, and taxes that new entrants will face. At the end of the day, it is about the ease of doing business.

I remember my time working at the Calgary Chamber of Commerce, where people would not come to us complaining about taxes or to verify a specific regulation, although that would happen, but more about the total package. For example, there was the issue of how complicated it was for them as business owners to comply with regulations. That applies to the owners of small-, medium-, and large-sized businesses. If the large businesses are publicly traded companies, the owners will be looking at the quarterly bottom line, and their executive team will be looking at how easy it is to comply with different rules and whether they have the people to do it. Can they meet the expectations of both their customers and the government, and can they deal with their competitors?

I know that the equity stake issue has been used. Vancouver's Jetlines have said they want a higher equity amount in their specific case to capitalize their company. This is because airlines face cash flow crunches and need large volumes of passengers to make ends meet, and profitable routes are quite limited. To have a new entrant come in, companies need to be well capitalized to be able to compete. Therefore, in their particular case, it would be beneficial to them.

As I mentioned before, I think about this Yiddish proverb, and every answer we hear from the government caucus and members leads to more questions. More generally, why do we continue to worry about foreign ownership in airlines? I want to draw a parallel. We are not as worried about the devices we use that are not manufactured in Canada, with operating systems not made in Canada, or that sometimes have data that is not even stored in Canada. I do not hear vast amounts of complaining about that, because people generally like the services they receive from their smart phone providers and the different software they use on the phones, whether it be operating or business software, or other recreational features they use. We are not as concerned about where those components come from, where they are ultimately made, but at the end of the day we care about the user experience and the cost. Foreign ownership in that respect is not as important.

However, with airlines, we could achieve far more if we provided much looser foreign ownership rules. In the legislation itself, the government goes into a lot of detail trying to change it. It has been said that airlines are not at the commanding heights of the economy. I know the government changed some of the definitions of what being Canadian means.

I have been signalled to wrap it up, so I have one last point. The problem thus far is that the answers I get from government caucus members lead me to have more and more questions. The bill is incomplete. Its goals for air passengers will not be met. Amendments offered by my colleagues at committee would have vastly improved this proposed piece of legislation.

I will continue to oppose this bill. I hope that every answer I give during questions and comments leads to even more questions, just as I used the Yiddish proverb to illustrate.

Transportation Modernization ActGovernment Orders

11:30 a.m.

Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

Madam Speaker, first, questions are absolutely beautiful things. They are fantastic. We love asking questions because when we ask questions, we get answers. Doing so is an exploratory thing. As a philosophy graduate, I think questions are absolutely positive. With this bill in particular, there has been excessive consultation. We have consulted, asked tons of questions and received great answers, which is where this bill is coming from.

I would like to focus on one part of the bill that the member talked about, passenger rights. For us, passenger rights are very important. We want to ensure that passengers are comfortable. We have all heard horror stories with respect to passenger rights.

Does the hon. member agree that passenger rights are important, and does he have a problem with enhancing and protecting those rights? That is exactly what this bill would do.

Transportation Modernization ActGovernment Orders

11:30 a.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I thank the member opposite, who spent quite a bit of time on the procedure and House affairs committee during late night debates, as I did too.

Of course, we support the concept of passenger rights, just as we support taxpayer rights, but we have a taxpayer bill of rights that is not enforceable. We have risen in the House before to propose a motion, which I co-seconded, that would give it teeth.

That is one of the problems with the bill. It enumerates passenger rights, but does not really provide a mechanism for true enforcement. Critics have called this a band-aid solution. At the end of the day, with more competition we would have more choice, and that is how passenger rights are secured. Consumer rights are secured through choice and competition.

Transportation Modernization ActGovernment Orders

11:30 a.m.

NDP

Robert Aubin NDP Trois-Rivières, QC

Madam Speaker, I know that the Minister of Transport does not like it when we refer to Bill C-49 as an omnibus bill, but I think the fact that I have questions for my colleague on a number of different subjects when we are talking about just one bill further illustrates the omnibus nature of it. Since I have to pick and choose, I will refer to a part of his speech that dealt with these joint ventures in Bill C-49 and in which the competition commissioner's authority has been diminished. As we saw in the way the Minister of Heritage handled the Netflix file, lobbies have a considerable influence on this government. My question is quite simple: can my colleague tell me whether the competition commissioner can be lobbied as easily as a minister?

Transportation Modernization ActGovernment Orders

11:35 a.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I thank the hon. member for Trois-Rivières for his question. Of course I agree that this is an omnibus bill and that one could easily ask questions on a number of topics. As in the proverb I shared earlier, to every answer one can find new questions about the point of this bill. As far as joint ventures and how the competition commissioner does his job are concerned, of course it is much more difficult to lobby the commissioner than it is to lobby the minister, since the commissioner is responsible for something very specific. First, it is hard to get a meeting with the commissioner and, second, as a public servant the commissioner does not have the authority to amend legislation in someone's favour as the Minister of Transport would. Indeed, I think the hon. member has a very good question to ask the government.

Transportation Modernization ActGovernment Orders

11:35 a.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, listening yesterday and today, it is clear that the Conservatives are lining themselves up in opposition to the legislation. That is obvious. The other obvious thing is that they seem to disagree on what degree of co-operation there was at the standing committee.

I applaud all of the standing committee members for the fine work they did. Not all the amendments brought forward by opposition members were accepted, but it is noteworthy that at least six were, which is six more than during the last four years of the Harper government on any piece of legislation. I believe there is a sense of greater co-operation on the standing committees.

Would the member not agree that Canadians want to see something related to air passenger rights, and whether we agree or disagree on the details of the legislation, would the member not at least concur that this legislation would enable something that Canadians want to see, which is air passenger rights?

Transportation Modernization ActGovernment Orders

11:35 a.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I thank the member for Winnipeg North for his intervention, because I enjoy sparring with him in the chamber, because one of the purposes of Parliament is exactly to disagree, and sometimes profoundly.

I would not construe co-operation as agreement at the committee stage. Collegiality is a factor in committee deliberations, but we should not confuse that with agreement on the contents of a proposed piece of legislation returning to the House.

To his greater point of what Canadians want to see on passenger rights, more generally, Canadians want to see good legislation that is complete and that would actually meet the goals set out by the government in fulfilling its promises instead of ragging the puck endlessly in achieving those goals. Legislation should achieve a specific goal and be written in such a way as to allow its enforceability. That is what Canadians want to see.

Transportation Modernization ActGovernment Orders

11:35 a.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, I would like to commend my colleague on the excellent speech he gave, in which he very ably summed up what happens when we discuss a bill in committee and when we return it to the House afterwards.

Naturally, we try to work with the government in a different, more collegial atmosphere when we are in committee, to try to get amendments passed. Unfortunately, in the case of Bill C-49, many of the amendments proposed by the opposition parties were voted down by the government.

I will remind members that our committee convened a week before Parliament resumed, to allow for intensive study of Bill C-49. We had to absorb a lot of information in a very short time, because the government wanted to rush this bill through. This unseemly haste was vividly illustrated by yesterday's time allocation motion, which was introduced to prevent members who had something to say about Bill C-49 from speaking.

Would my colleague agree that Bill C-49 amends so many acts and will have so great an impact on various sectors that we should have taken as much time as we needed to study it and that each member should have had a chance to speak on every option and part of this omnibus bill?

In fact, given what the Liberals promised on the campaign trail, this government should not be tabling any more omnibus bills.

Transportation Modernization ActGovernment Orders

11:40 a.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I thank my colleague for his question.

In fact, yesterday the government moved a time allocation motion with respect to this omnibus bill. My colleague is right in saying that we could continue to talk about several aspects of this bill. As I stated earlier, I could spend several minutes of my speech talking about the ministerial directions that the minister could issue to create new carrier obligations towards passengers.

This legislative measure lists all the obligations of air carriers towards passengers, and then states that the minister can create new obligations without providing any guidance as to the kinds of obligations. In addition, the agency is then required to abide by these directives. Not only can new directives be issued, but the airlines can be forced to comply, without there even being an opportunity for members to study them or to debate whether they should be an obligation or not.

As I stated, we could continue to debate every clause of this bill on specific obligations to ensure that they are what Canadians want. Ultimately, the bill gives the minister the full authority to make decisions about future obligations without coming back to the House and confirming that that is indeed the direction we want to take.

Transportation Modernization ActGovernment Orders

11:40 a.m.

NDP

Robert Aubin NDP Trois-Rivières, QC

Madam Speaker, I would really like to say that I am pleased to rise to speak to Bill C-49, but that is not the case. In fact, I rise because I have an interest in this bill and because it is my privilege to do so. As my party's transport critic, I have the privilege of rising first today, which will not be the case for my colleagues who are directly affected by this bill but who will not have the chance to rise in the House because the bill is under time allocation. This is the first serious mistake.

The Minister of Transport told us that this is not an omnibus bill since it only affects transport legislation. However, we could be talking about an omnibus, mammoth, or even a Trojan horse bill, since it contains a number of intentional gaps.

For young people who do not yet have the right to vote, a good metaphor would be a chocolate Easter bunny. Everyone remembers biting into their first Easter bunny only to find it hollow, sadly. What a disappointment. Bill C-49 is kind of like that, especially when it comes to the passengers' bill of rights, which I will come back to.

In speeches from the government side, we hear a lot about Bill C-49 striking a balance, but nothing could be further from the truth. Hearing everybody's point of view is a good thing, but it does not mean that the middle ground the Liberals are proposing strikes that balance. I would suggest it is just the opposite.

It is no secret that I am fond of my fellow Conservative members of the Standing Committee on Transport, Infrastructure and Communities, but we rarely see eye to eye. It would be a shock if one of my Conservative colleagues were to run as a New Democrat in the next election or vice versa. Having heard the same witnesses and the same evidence, they and I have managed to get ourselves on the same page with respect to quite a few amendments. If the right and the left have found a way to agree, how is it that the Liberals, who have positioned themselves as the extreme centre, are not listening to reason? We have to ask ourselves some serious questions about why that might be.

The chair of the Standing Committee on Transport, Infrastructure and Communities was particularly skilled at getting us to work together in a spirit of co-operation. However, unfortunately, the end results do that reflect that. I cannot believe that none of the amendments proposed by the opposition parties were good enough. Obviously, instructions came down from on high that the bill should remain as is, with no changes. That is not what the witnesses we heard from wanted, but that is what the ministers wanted, for their own reasons, which coincidentally are not consistent with the agenda they announced during the election campaign.

To give just one example, during the election campaign, the Liberals promised not to amend the Coasting Trade Act. However, Bill C-49 makes three major amendments to coastal trade. As far as I know, Canadian shippers did not storm the transport minister's office to tell him that he absolutely had to make changes to the Coasting Trade Act because it makes no sense.

The government is therefore responding to other lobby groups. We are seeing that more and more often. I have mentioned it in some of the questions I have had the opportunity to ask since debate began this morning. Lobby groups are having a growing influence on this government, and the outcome always seems to be the same: big business profits at the expense of consumers.

This debate is taking place under time allocation, and yet debate in the House is the only means we have left to try to shed some light on a given situation and change it, if possible.

There are probably dozens or even 100 or so members who wanted to speak in this debate but could not, and yet in a few hours, all 338 members will be voting either yes or no to express their support for or opposition to Bill C-49 as a whole, which is all over the map. This does not say much about our democratic process.

Furthermore, if we look at the Minister of Transport's legislative record, I have to say that after two years, I am not very impressed. There has been talk of a high-frequency train for decades, but nothing is happening on that file. On top of that, during the campaign, the Liberals promised to reverse the terrible amendments the previous government made to the Navigation Protection Act. Instead, we are heading in exactly the same direction as before, and the list of protected waterways in Canada is going to stay exactly as it appears in the schedule of the act, even though many witnesses, if not the majority, wanted the government to abolish that schedule altogether.

However, we are not there yet when it comes to protecting navigation, when it comes to developing rail transportation, or with respect to Bill C-49.

I want to talk about what is not in Bill C-49. After all, it is an omnibus bill that is supposed to cover just about everything that has to do with transportation.

At the Standing Committee on Transport, Infrastructure and Communities, we had the chance to conduct a study on aviation safety and we had a significant number of studies on rail transportation. One thing that kept coming up in both files was fatigue among both pilots and train conductors. Fatigue is the cause of most accidents or incidents. We never want accidents to happen, or at least we hope to keep them to a minimum.

What does Bill C-49 propose to combat fatigue or to take a new approach to air or rail transportation? It seems to me that this also falls under transportation. Guess what? There is not a word. There is nothing in Bill C-49 to address this major issue.

Let us now talk about some of the dubious aspects of this bill. The first one that I want to address has to do with airport safety, especially as it relates to the potential development of regional airports.

Security measures at Canada's major international borders are working well, although there are still questions, mainly about direct costs charged to passengers. Under the former government, a lot of money was charged for security. It is clear that there has been no improvement in this practice under the Liberals, because even more money is being charged for security. According to the most recent data from Statistics Canada, $636 million was collected from passengers and $550 million was actually spent on security measures. That is a difference of $100 million. Where is that money going? It goes into the consolidated revenue fund and apparently is used for other measures. Once again, just like employees' employment insurance contributions that were used for other purposes, passengers are being charged more money for air security than is being invested into the security network.

Furthermore, while millions of dollars are being raked in, regional airports are told that they can certainly expand, but they will have to do so on a cost recovery basis.

What that means, for example for a regional airport such as the Trois-Rivières airport, is that it can obtain CATSA services, but it will have to foot the bill. Oddly enough, Bill C-49 makes no mention of a great report that I have here called “Expanding Passengers Security Screenings at Regional Airports”. This report is signed by no less than nine of the largest airport authorities in three Canadian provinces, namely Quebec, Ontario, and Alberta. The report proposes measures other than cost recovery. Even after the document and research findings were presented in June 2016, which is not that long ago, we have heard nothing from Transport Canada. It is still going with a cost recovery model.

I will give an example of what this can mean for an airport like the one in Trois-Rivières. The Trois-Rivières airport was originally a very small airport, mainly intended for what I would call recreational flying. It offered flying lessons and skydiving, but it was really tiny. Then the city of Trois-Rivières decided to massively expand its airport facilities to turn them into a major economic driver. This involved making numerous investments, such as extending the runway so any jumbo jet could land there. The airport also invested in high-intensity approach lighting so planes could land at any time, day or night. The area's economic activity was diversified, creating a major aerospace cluster in Trois-Rivières. The city has welcomed several aerospace companies, such as Premier Aviation, which is now contracted to maintain much of Air Canada's fleet at its facility in Trois-Rivières. As a recent $500-million investment shows, this company is thriving. Trois-Rivières' aerospace market, specifically its airport, has come a long way from its original recreational niche. It is now a centre for economic development and a major regional hub for business people flying to other destinations in Canada or internationally.

Over the last few years, partnerships have also been developed with aviation companies that offer charter flights to southern destinations. Market studies have been done and Trois-Rivières is clearly the heart of Quebec for a reason. We are the metaphorical heart but also the geographic heart of Quebec. If someone wanted to take a charter flight for a trip down south and had the choice between going to Trois-Rivières with traffic jams that easily last five to six minutes, or to the airport in Montréal, the choice would be quite easy. However, that whole study, that whole potential and all of those agreements already negotiated with carriers have fallen through because CATSA security measures are only available for regional airports through cost recovery. That is totally ridiculous. If an airport like Trois-Rivières, Sherbrooke or any other regional airport has to cover the cost of security measures alone, that drives up air ticket prices considerably. That means that the company is no longer able to compete on the market and the agreement collapses.

However, other options are considered in the report I referred to earlier. In particular, there is the possibility of all amounts collected for security being allocated to security expenses and not returning to the government’s consolidated coffers. We could also consider the possibility of all transportation costs being distributed among all passengers on the flight.

Flying south, whether from Trois-Rivières, Québec City or Montreal, involves the same business and the same security services. The cost could therefore be divided between all travellers annually, instead of the number of passengers related strictly to one airport or another.

There are many possible solutions that should have been heard, discussed, and questioned, but Bill C-49 sweeps all that under the rug, a fitting image today for Halloween.

I just want to say a word about cabotage. I would remind members that the Liberal government committed during the election campaign to not touch the Coasting Trade Act. However, there are three amendments in that regard. There are not one, not two, but three major amendments regarding coasting trade that directly affect the Canadian marine industry.

What are those three amendments in a few words? There is the repositioning of empty containers, dredging activities, and the transportation of bulk products between Montreal and Halifax.

Those are three important areas of economic activity that systematically fell to Canadian shipowners and that could now be offered to foreign shipowners. Because of the market opening under the terms of the economic agreement that we signed with Europe, they are saying that European companies cannot be prevented from conducting dredging in the waters of the St. Lawrence River. Oddly, however, no one can confirm that the opposite is true and that Canadian shipowners would be able to bid on dredging contracts in Europe.

Beyond what might be seen as relatively unfair competition, it is important to realize that European dredging companies, for example, that operate all year long and are much larger, may be better able to consider crossing the Atlantic and remaining in our waters, where they can be competitive, while the opposite is quite hard to imagine.

Trois-Rivières is also a port city. It is impossible to understand this without having visited an organization like the Foyer des marins in Trois-Rivières, where shipowners come from all around the world, but it only takes a few exchanges, sometimes with the help of hand gestures because my knowledge of foreign languages is limited, to realize that there are fundamental differences between foreign-flagged vessels and their crews and Canadian-flagged vessels and their crews. I mention no country in particular as to not single anyone out, but first, we are talking about very different salaries, working conditions and expenses. These amendments to the Coasting Trade Act will therefore create unfair competition that no one ever asked for, certainly not in Canada.

I would like to read one or two quotes. St. Lawrence Shipoperators said, “The Comprehensive Economic and Trade Agreement entered into with the European Union opened an unprecedented breach in the Coasting Trade Act by giving ships of all flags access to certain parts of the Canadian market. Bill C-49 widens that breach. We are witnessing the erosion of the Coasting Trade Act.”

Maritime Magazine said, “After years of underfunding of port infrastructure, disengagement from dredging, and inaction on renewing the fleet of icebreakers, it is now coasting trade that is being sorely tested. It is important for decision-makers to understand the scope of the economic, social and environmental role of maritime transportation and the importance for the country of having a strong and health maritime industry and domestic fleet.”

Those are just two examples about coasting trade. I could also have talked about the Infrastructure Bank that is once again being quietly included in Bill C-49. I could have talked about the passengers' bill of rights. I could have talked about joint ventures.

I could have talked about so many subjects that it shows once again that we are dealing with an omnibus bill and that it is a total disgrace to ask all parliamentarians to vote yes or no on an omnibus bill. It is one more thing that the Liberals committed to stop doing during the election campaign. They seem to have a short memory.

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Noon

Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

Mr. Speaker, first, the member started by talking about concerns of time allocation used on this particular bill. If the member is concerned that not everybody had the time to speak, why did his party, the NDP, give up spots yesterday in terms of speaking to this bill?

Second, the statement was that the member is concerned about lobbying in favour of big business at the cost of consumers. I am quite curious about that because Bill C-49 is about consumers. It is about establishing rights so that travellers can be assured safe and comfortable travel. Would the member not agree that Bill C-49 is an effort, and a very good one, to ensure that travellers are protected and made comfortable in their travel?

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Noon

NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I thank my colleague for her questions. I will try to answer both.

First, the passenger rights issue perfectly illustrates just how empty Bill C-49 really is. It does not propose a passengers' bill of rights. To be clear, it only proposes guidelines that may lead to potential consultations by Transport Canada, who will then invite the minister to accept or not accept the recommendations made by Transport Canada. Moreover, if that ever actually happens and recommendations are made, they will only be applied through regulation. Once again, that is much easier for a minister to undo than legislation, which can only be amended by Parliament.

On the issue of protected rights, we are miles from what was needed. Though the member may not have been with us in the previous Parliament, I remind her that the Liberals voted in favour of a passengers' bill of rights proposed by the New Democrats, and yet, we were never shown what was now wrong with that bill before throwing out the baby with the bathwater and embarking on consultations.

As for my colleagues, if I can so easily answer questions about Bill C-49, it is only because I have been working on it for months, so I can understand if some of my colleagues need a little more time to prepare than they are given under a time allocation motion.

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12:05 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, I certainly have appreciated working with my hon. colleague on committee. Later last week, in my remarks during report stage of the bill, I addressed an amendment, supported by both the Conservative caucus members and the NDP members of the committee, that would allow the first interchange point, which the shipper would be required to use in order to access LHI, to be in the reasonable direction of the shipper's destination. This was an amendment that was recommended by numerous shippers when they provided testimony to the committee. I wonder if my hon. colleague would like to comment on that amendment and why the members across the way did not support it.

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12:05 p.m.

NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I thank my colleague. I remember her speech last week very well, and I share the same pleasure in working with her on the Standing Committee on Transport, Infrastructure and Communities.

I will now give her the same answer she gave me last week, that it is very hard to get into a Liberal member’s mind to understand why the Liberals have not seen the light. While the Conservative and New Democrat members who are seen as polar opposites on the spectrum, agree on the merits of a measure like the one my colleague mentioned regarding interswitching, I struggle to understand why those members who say they are firmly in the centre cannot see the merits of such an amendment.

This all shows beyond a doubt that we are dealing with an eminently partisan bill that serves the interests of the lobbies with whom the Liberals are looking to curry favour. That is probably the best way to say it.

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12:05 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it is my first time to rise at this stage of Bill C-49, and due to the time allocations applied, I was not able to have a chance to speak to the bill at all.

I do want to say that I am disappointed that so much has been lost in what is the potential for a transportation act. To give an overarching statement before I go to my quick question to the member, it is as though the Government of Canada decided, for efficient transportation on our highways, we should figure out ways to attract capital investment to privatize sections of road, and hope that people from other countries want to invest. To paraphrase, this is no way to run a railroad.

I thank my colleague from Trois-Rivières very much for his efforts to highlight the importance of fatigue. I would like to ask him if he wants to add a few elements, because it really is a priority issue for the safety of our transport system.

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12:05 p.m.

NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I thank my colleague for her comments.

We may have wanted Bill C-49 to do more, although I am not sure, as we are already dealing with an omnibus bill. Quite certainly, Bill C-49 could have done better, particularly on the issue of fatigue. Most witnesses were independent. No one would be surprised to learn that the union representatives who came to speak about employee fatigue among their members probably leaned a certain way. Similarly, no one would be surprised to learn that the employers claimed the issue was not really a priority and that it is already being addressed by an all-party committee.

However, neutral witnesses, such as the Transportation Safety Board, came to say that there was a problem with pilot fatigue and that it needed to be addressed. That was not done. Bill C-49 completely misses the mark on the issue of fatigue, even though many joint committees are already working to find solutions.

How can the Minister of Transport not be sensitive to this issue? Unfortunately, I still have no answer.