Mr. Speaker, I want to congratulate my colleague who just spoke. We sat together on the Standing Committee on Transport, and I had the opportunity to get to know this gentleman who is dedicated to transportation services in Canada. I want to pay tribute to him, congratulate him and wish him good luck in the next chapter of his life.
I am pleased to take part in the debate on Bill C-44 to amend the Canada Transportation Act.
First, I want to take this opportunity to say how very disappointed I am that the federal government took eight long months before re-introducing this bill in the House. We have been waiting for over eight months, in fact, to debate this bill, the importance of which the Minister of Transport has acknowledged from the start. However, he waited until the very last day, a few hours before the government is set to lose a non-confidence vote, before re-introducing this bill, which is extremely important to Quebeckers and all Canadians.
The same goes for the aerospace policy and sending a formal notice to CN to sort out the Quebec Bridge problem. He waited until a few hours before the government loses a non-confidence motion.
Today, we are entitled to ask this Minister of Transport what are his interests and what is his motive? Since an election is imminent, the chances of this bill receiving rapid consideration are quite slim. It is quite outrageous that this bill, like its predecessor, Bill C-26, will die on the order paper a second time.
Once again, the entire process will have to start all over, and this will have serious repercussions on a number of transportation sectors and a number of communities. If the minister truly had this bill at heart, he would have introduced it well before today.
I would like to re-examine certain aspects of Bill C-44 which strike me as particularly worthy of mention. We are, of course, in favour of the principle of this bill, particularly since I personally wrote the Minister of Transport in November 2004 asking him to reintroduce this bill promptly. Had time allowed, however, we would have certainly proposed some amendments, because the Minister of Transport, like all his colleagues, does not tend to pay that much attention to the opposition, even if its recommendations are good ones.
Generally speaking, Bill C-44 addresses major transportation issues. Among its main points: increased efficiency in air and rail sectors, and enhanced processes for complaints and consumer protection. There is even some reference made to the concept of environmental protection.
There are three measures among the legislative provisions proposed in this bill that particularly attract my attention. They deal with air and rail sectors and concern airline advertising, noise relating to rail operations, and discontinuance of rail operations.
I feel that consumer protection is absolutely vital, and that the increase in open competition so much desired by the Minister of Transport must not in any way penalize the consumer, who is entitled to greater transparency.
In this connection, Bill C-44 will amend part II of the Transportation Act in relation to complaints processes, the advertising of prices for air services and the disclosure of terms and conditions of carriage.These new measures will provide for greater control over the sale of airline tickets, among other things by giving the agency jurisdiction over ticket sales advertising.
Licensees must in future display, in a prominent place at their business offices, a sign indicating that the rates for the service offered, including the terms and conditions of carriage, are available for inspection. This also applies to any services available on their Internet site. I should remind hon. members that consumer habits have changed a great deal with the advent of the Internet. I feel it is important to extend this obligation to Internet sites because a high percentage of services are now purchased in this way.
So the terms and conditions of carriage must be made available for inspection.
The Canadian Transportation Agency gets a new regulatory power allowing it to require through regulations that the prices for air services mentioned in any advertisement indicate the fees, duties and taxes being charged on behalf of others, so that the consumer is easily able to determine how much the service will cost.
Although this is a step in the right direction, we must ensure that the agency uses this power in the best interest of consumers and does so in a rigorous and proactive manner. Consumer groups have been calling for more transparent rates for a long time now. These new transparency measures will be as good for consumers as for the airlines, which will be able to engage in healthier competition.
Airline advertisements have often been publicly criticized. Last February, Option consommateurs, a Quebec-based consumer group, looked at over 20 ads published by three airlines including Air Canada, WestJet and CanJet. The conclusion was surprising, not to say scandalous. This type of advertising could be described as misrepresentation. The difference between the advertised rate and the true cost of the ticket was as high as 91%. The problem is with all the other fees added later including navigation fees, the air travellers security charge and so forth.
Another equally misleading practice is offering a good rate. Often that good rate is for a one way ticket. We know full well that in most cases people flying to their destination also have to come back. This is misleading and unacceptable. Airlines looking to build their clientele find it more useful to announce the lowest cost rather than the total including all the fees. Unfortunately, the consumer is duped into believing that he got a good deal.
There is another item I would like to address and that is the Air Travel Complaints Commissioner position, which was cut in the last budget by the Minister of Finance. In the same breath he announced that the Canadian Transportation Agency would be assuming responsibility for the complaints program. Bill C-44 no longer provides for the commissioner's position and incorporates those duties into the regular operations of the agency. In this specific case, there are pros and cons. On one hand it is good that the agency can require the transporter to compensate those affected by the non-application of the terms and conditions of carriage. This a step forward since the complaints commissioner could only make suggestions at the time.
There are, however, a few shortcomings. The Canadian Transportation Agency is no longer required to submit an annual report on complaints and their resolution. This report highlighted errors and shortcomings. The commissioner could also require the carriers to provide considerable information during the complaint process. The agency can longer do so. I find the weakening of the role of the transportation agency most regrettable. It loses some of its investigative powers and part of its visibility.
Last week, I met the Travellers Protection Initiative. This organization considers the measures put forward in the bill inadequate and too weak to protect airline passengers. It advocates strengthening the bill's provisions. Certainly no one has forgotten the Jetsgo saga of last March, as hundreds of travellers were left stranded when the airline abruptly ceased operations at the peak of the holiday period. Such a situation must never occur again. I spoke out against it at the time.
The Bloc Québécois clearly feels that the government must assume its responsibilities. It could, for example, propose a compensation fund be established to reimburse the cost of tickets when consumers purchase them directly from the airline, as is increasingly the case.
Clearly, there is work to be done on the bill in a number of respects.
In addition to the legislative amendments with respect to the airline sector, another very important aspect of Bill C-44 concerns rail transportation.
The aim of the proposed measures is to amend Part III of the Canada Transportation Act, creating a mechanism for dealing with complaints about noise and amending provisions dealing with the transfer and discontinuance of the operation of railway lines.
The Bloc has, for many years, been calling for legislative amendments to resolve the serious problems of noise faced by many communities. I refer to the harmful effects of noise from the construction or operation of the railway, including the movement of cars in marshalling yards.
In recent years, the public and the railways have often been at loggerheads. The public bothered by noise has no recourse but to complain directly to the railway concerned or initiate civil proceedings. No federal agency is currently empowered to intervene in such instances.
Hence the importance of legislation in this regard so that the railways feel some pressure and take the initiative to limit the disturbances caused by railway construction or operation.
I would remind the Minister of Transport that this is also a problem in his own back yard, because a class action against Canadian Pacific has just been authorized. A group of citizens in the Outremont area can no longer stand the disturbances caused by the CP switching yard. The court found that it was important to decide whether CP is imposing excessive inconvenience on its immediate neighbours in connection with its activities. It would, in my opinion, be simpler, and certainly far less costly, to settle this problem before the Canadian Transportation Agency.
These legislative amendments are a step in the right direction, but I have some amendments to propose, or rather ones I would have liked to propose. However, given the lax attitude of the Minister of Transport, who waited until the last minute to introduce this bill, I imagine we will be coming back to it in another session. Then we will have some amendments to propose in order to clarify the terminology on the rail companies' obligations.
I will try to ensure that the agency's jurisdiction will not be just over noise, but also over emissions or vibrations from rail cars. Now we are in the Kyoto protocol era, environmental issues are extremely important.
I know that rail transport is an excellent alternative to road transport and is key to economic development in Quebec. However, there must be a balance between such economic objectives and the environment, particularly in terms of respecting the public's quality of life and well-being.
The powers granted to the Canadian Transportation Agency are in no way prejudicial to the railway companies, particularly since the agency will now have the power to issue and publish guidelines, after consulting with interested parties, and to propose a mechanism for the collaborative resolution of noise complaints. Consequently, each party will know the other's limits. The purpose of this is to resolve such conflicts peacefully and without delay.
I am pleased to see that urban transit authorities will now be recognized. A section has been added under which a railway company wishing to sell a railway line shall first offer it to the municipal governments and urban transit authorities concerned. These new provisions are desirable and will provide better protection for the unique transportation network provided by urban railway corridors. I have always considered rail transport to be an excellent alternative to road transport. Such measures, therefore, should be encouraged.
Although we support Bill C-44 in principle, we are extremely disappointed. This is proof of the lax attitude of the Minister of Transport, who has done nothing to bring forward this bill or ensure that it becomes law.