Enhancing Transparency and Accountability in the Transportation System Act

An Act to enact the Air Transportation Accountability Act and to amend the Canada Transportation Act and the Canada Marine Act

Sponsor

Omar Alghabra  Liberal

Status

Second reading (House), as of Nov. 21, 2023

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-52.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 of this enactment enacts the Air Transportation Accountability Act , which creates a statutory framework to increase transparency and accountability in the air transportation sector, including by
(a) establishing requirements respecting the provision of information to the Minister of Transport by airport operators, air carriers and any entity providing flight-related services;
(b) requiring that airport operators take measures to help Canada meet its international obligations in respect of aeronautics, in accordance with directions issued by the Minister of Transport;
(c) authorizing the Governor in Council to make regulations respecting the development and implementation of service standards related to flights and flight-related services, including a dispute resolution process in respect of their development and publication requirements for information related to compliance with those standards;
(d) establishing requirements in respect of noise management committees and setting out notice and consultation requirements relating to aircraft noise;
(e) establishing requirements for airport authorities to create plans respecting climate change and climate change preparedness and authorizing the Governor in Council to make regulations respecting reporting requirements for those plans;
(f) requiring airport authorities to publish information respecting diversity among directors and senior management;
(g) providing a process by which to make complaints respecting notice and consultation requirements in relation to aircraft noise; and
(h) providing for an administration and enforcement mechanism that includes an administrative monetary penalty framework.
Part 2 amends the Canada Transportation Act to, among other things,
(a) authorize the Governor in Council to make regulations requiring certain persons to provide information for the purpose of supporting a transportation system that is accessible without undue obstacle to the mobility of all persons;
(b) allow the Minister of Transport and the Canadian Transportation Agency to make this information public; and
(c) authorize the Governor in Council to make regulations respecting a process for dealing with complaints relating to accessibility in relation to the transportation of persons with disabilities.
Part 3 amends the Canada Marine Act to, among other things,
(a) add principles that a port authority must observe when fixing port fees and a fee-related complaints process that is to be administered by the Canadian Transportation Agency;
(b) authorize the Governor in Council to make regulations respecting alternative dispute resolution in regards to disputes arising in respect of a lease relating to the operation of a port terminal; and
(c) allow the Agency to make rules respecting the fees to be paid in relation to the administration or enforcement of any provision of Part 1 of that Act, or the regulations under that Part, the administration or enforcement of which is the responsibility of the Agency.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

October 27th, 2023 / 12:40 p.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Madam Speaker, I thank my hon. colleague for his question and for his thoughtful consideration.

The parliamentary system works thanks to the trust that legislators place in the government. The question is whether the government has the confidence of the House. More and more, the current government is increasing its power to determine the details of a bill by regulation, and that is what I am criticizing.

There have always been a certain number of details that are set out through regulations later. However, this is a rising trend. Let me give an example of an ill-intentioned regulation that may actually go against the spirit of the law. Take, for example, the agreement between Canada and Barbados. There is a section in the law that says Barbados cannot be used as a tax haven, but there is an obscure regulation that circumvents the spirit of the act.

That is why I prefer to see accountability in the House. When things are done through regulations, there is no accountability.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

October 27th, 2023 / 12:45 p.m.
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Conservative

Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Madam Speaker, I am pleased to hear my colleague say that the government passes legislation and then enforces it by regulation. We have absolutely stunning evidence of this before us.

I would like my colleague to answer this: Why does the Bloc Québécois support the government so often and, more specifically, why did it support the second carbon tax, called the clean fuel regulations?

How come the Bloc Québécois is helping the government enforce something by regulation that is hurting Quebeckers right now? People are struggling to make ends meet. During oral question period this morning, members of the Bloc Québécois said that 872,000 Quebeckers are using food banks every month.

Does my colleague agree with me that the clean fuel regulations, which the Bloc Québécois supported, are an example that is causing unfortunate consequences?

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

October 27th, 2023 / 12:45 p.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Madam Speaker, I am very pleased with the question. It will allow me to clarify some facts. For example, the Conservatives are running ads on television that say that this regulation is a Liberal-Bloc tax. Nothing could be further from the truth. It is a lie that borders on defamation.

The Bloc Québécois has never voted and will never vote for a regulation. As I was saying in my speech, it is the government that makes the regulations. What we have done is vote against two terrible motions moved by the Conservative Party. The Conservatives always word their motions in such a way to get every party to vote against them. That is precisely what happened.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

October 27th, 2023 / 12:45 p.m.
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An hon. member

Oh, oh!

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

October 27th, 2023 / 12:45 p.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Madam Speaker, the member is heckling and preventing me from answering the question properly.

The clean fuel regulations are not a tax because they call on the fuel industry to reduce its greenhouse gas emissions, not to collect money for the government.

My time is nearly up. In closing, as far as the increase of 17¢ and 20¢ per litre of gas is concerned, that is absolutely false as well. I will have time to respond to that another time.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

October 27th, 2023 / 12:45 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I will remind members that once they have asked a question, they have to wait their turn to make comments. They are not to speak while a member has the floor.

The hon. member for Churchill—Keewatinook Aski.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

October 27th, 2023 / 12:45 p.m.
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NDP

Niki Ashton NDP Churchill—Keewatinook Aski, MB

Madam Speaker, I thank my colleague for raising his party's concerns about this bill.

I want to focus on the airline industry and an issue that affects many Canadians and Quebeckers. They are frustrated that the federal government is adopting such a weak air passenger bill of rights and that it is not doing more to stand up to airlines, which are exploiting passengers and putting them in very difficult positions without compensating them or treating them fairly.

Could my colleague comment on that?

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

October 27th, 2023 / 12:45 p.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Madam Speaker, I thank my hon. colleague for his important question and his deep outrage. We are all outraged that big companies can behave like this.

Our system is one where, when there is a payment transaction for airline service, the customer is entitled to receive good service. Our current federal legislation is inadequate when that is not the case. Again, I want to mention the work of my colleague from Pierre-Boucher—Les Patriotes—Verchères, who sits on the Standing Committee on Transport, among others, and his colleagues, who are working to change this.

Under the current legislation, large airlines have a financial incentive to take more risks to maximize their profits. When their service falls short—if there are not enough seats on a flight because they have oversold tickets, for example—the result is that the consumer has to file a complaint with the Canadian Transportation Agency and wait several years to perhaps receive a positive outcome. The cost of those complaints, given the flawed legislation, means that airlines feel it is worth taking so many risks. This has to change. We need to work on it.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

October 27th, 2023 / 12:50 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I congratulate my colleague for the clarity of his remarks.

Earlier, in a response he gave to our colleague from Montmagny—L'Islet—Kamouraska—Rivière-du-Loup he did not have time to finish, but I thought his response was interesting. This would help our Conservative colleagues gain a better understanding of the actual facts on the carbon issue. He was explaining how it was false, absolutely false, that these regulations would increase the cost at the pump by 17¢ or 20¢ a litre. The number changes like the wind with the Conservatives.

I would like him to complete his response. I invite my colleague from Montmagny—L'Islet—Kamouraska—Rivière-du-Loup to listen carefully.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

October 27th, 2023 / 12:50 p.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Madam Speaker, according to the government regulation that the Bloc Québécois never voted for and will never get to vote for because it is a regulation, the industry must to reduce its greenhouse gas emissions. Government officials calculated that this will cost the industry up to 17¢. If this regulation were not in place, the situation would still apply in Quebec since Quebec has a similar, if not slightly stricter, regulation. To justify this requirement, the government gave the oil industry tens of millions of dollars in subsidies, saying that it was to help the industry reduce its emissions. That means that most of the cost will be covered by subsidies.

Take, for example, oil extraction in western Canada. I would like to remind the House that the price is negotiated on the New York Stock Exchange. What portion of the price at the pump covers oil extraction? The New York Stock Exchange is the one that decides. Is the government's regulation sufficient to drive up the price of oil in New York? I do not think so.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

October 27th, 2023 / 12:50 p.m.
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Liberal

Chandra Arya Liberal Nepean, ON

Madam Speaker, the hon. member mentioned the requirement to disclose the diversity of boards of airport authorities and senior management. A few years back, we passed Bill C-25, which said that public corporations should disclose their diversity policies in their annual communications to stakeholders. In that bill, we delegated the responsibility to the minister to form regulations that defined diversity, which included indigenous people, women, visible minorities and people with disabilities. Does the member not think this could also apply here?

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

October 27th, 2023 / 12:50 p.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Madam Speaker, I think that is very interesting.

The end result is the goal. In the end, people in positions of power must reflect representation in the population as a whole. What I am proposing is that this should be defined in committee so that, in the end, we determine the required means. Once again, when this is done through regulation, it takes control away from the committee and the legislators, putting it fully in the hands of government. I like to try and minimize that kind of intervention.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

October 27th, 2023 / 12:50 p.m.
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NDP

Bonita Zarrillo NDP Port Moody—Coquitlam, BC

Madam Speaker, this bill is timely as I stand today to speak on behalf of my community of Port Moody—Coquitlam, Anmore and Belcarra, as well as Port Coquitlam, which recently petitioned the government with the following ask as it relates to the Vancouver airspace modernization project.

They call upon the Minister of Transport to do the following:

...prepare an independent environmental assessment of the noise and emissions impacts of the proposed flight paths, including recommendations for minimizing such impacts, prior to the proposed changes taking place. This environmental assessment should be based on the latest global research and recommendations for noise and emissions limits, should be independent of Nav Canada, and should be made public when completed.

The minister responded to my constituents by stating:

Aircraft noise is a complicated and often difficult issue faced by airport authorities and communities around the world and it is essential that the public has the opportunity to provide their feedback on potential changes.

I agree with that.

He went on to state:

That is why the Government of Canada put forward Bill C-52, which if passed, would create a process for airports to notify and consult the public on changes to airport design that could affect aircraft noise.

The minister went on to state:

Transport Canada previously worked with Canadian airports and NAV CANADA to develop a voluntary protocol for the aviation industry entitled Airspace Change Communications and Consultation Protocol that was published in 2015. This protocol amplified the aviation industry’s commitment to include environmental considerations to communicate and consult with communities.

I am here to tell the government that the voluntary protocol did not meet the standards of consultation in my community. I was at Nav Canada's onsite community consultation in Coquitlam earlier this year with respect to the Vancouver airspace modernization project. I can tell members that the room was not set up to be disability or age friendly, it was difficult to navigate the information boards and there was not enough staff to answer important questions from residents.

In addition, even the City of Coquitlam did not know about the consultation event, the two mayors whose jurisdictions border the City of Coquitlam knew nothing about it and wrote letters to Nav Canada asking for more detail about the flight plans and more time for their residents to provide feedback.

I too wrote a letter to Nav Canada letting it know that the consultation process was inadequate and asking it to agree to an additional extended consultation process. It did not agree to this. This is an example of how the voluntary protocol is not working for people.

This bill focuses on improving accountability and transparency. That is certainly needed, based on the experience of the people in my community. That is why the NDP supports this bill moving on to committee stage. While better data collection, reporting and the committee process are a step forward in the bill, Bill C-52 does little to establish standards or enforce accountability to protect people or the environment. This can be seen in how the bill plans to address airplane noise. Canada's air traffic has increased significantly over the past decade and industry observers forecast this will only increase as passengers and cargo numbers at Canadian airports continue to increase.

The current approach of a performance-based navigation will not be sufficient and has had the effect of exposing previously unaffected residential areas to new air traffic. This led to complaints from some neighbourhoods that had not previously been under flight paths and were unaccustomed to dealing with the noise or public health impacts.

More direct-flight routes and official arrival and departure procedures are here with us now. With a goal to improving airspace efficiency and safety and reducing greenhouse gas emissions where possible, we must also reduce exposure to aircraft noise in residential areas. The government needs to get serious about regulating and enforcing these impacts based on science. That is why the government needs to expand the representation on its noise management committee to include a local public health official as noise pollution can affect and impact population health.

Canadians who live near high-traffic airports face disturbances at all hours due to flight noise. According to research compiled by the World Health Organization, excessive noise can have harmful health effects, including increased risk for IHD and hypertension, sleep disturbance, hearing impairment, tinnitus and cognitive impairment. There is also increasing evidence for other health impacts, such as adverse birth outcomes and mental health problems.

As a result, Canadians impacted by airport noise deserve to see the science of any changes made to airplane noise around them. The NDP would go further than this bill does, to initially propose and implement the World Health Organization standard on noise around large Canadian airports, make Transport Canada's existing data on airport noise public and improve data collection on ground-level airport noise. These recommendations were all made in the 2019 report of the Standing Committee on Transport, Infrastructure and Communities, entitled “Assessing the Impact of Aircraft Noise in the Vicinity of Major Canadian Airports”.

Noise pollution must be addressed by international standards, but so too must accessibility for persons with disabilities, who continue to be impacted by barriers in transportation. There is no example of this with a higher profile than what happened last week, when the wheelchair of the chief accessibility officer did not accompany her on her flight home from Ottawa. She was left without her essential mobility device. There are so many stories of persons with disabilities being disrespected, disregarded, degraded and put in dangerous situations because there is no accountability for the failures of industry.

Too many persons have had similar experiences across Canada, showing how ill-equipped air transportation is in dealing with accessibility concerns. I hope that this high-profile incident will finally make change and that persons with disabilities who want to travel will get the respect and accommodation they deserve.

The Auditor General of Canada published a report in March 2023 entitled “Accessible Transportation for Persons with Disabilities”. It examined the accessibility of federally regulated transportation services, such as planes and trains, for people with disabilities. There were a few key findings from the report that we need to look at. Of the 2.2 million persons with disabilities who used federally regulated transportation in 2019 and 2020, 63% faced a barrier. When these barriers are not tracked, there is no accountability and no action to correct it. That is what we are seeing.

It was also found that the Canadian Transportation Agency had insufficient tools and enforcement staff to address barriers. This is seen from the statistic that 31% of CATSA managers and executives did not take the time to complete mandatory disability training. This training is essential and must be taken seriously by industry leaders. They will need legislation to do it, because they have shown that they will not do it on their own.

Right now, the Canadian Transportation Agency does not have the authority to require transportation service providers to provide complaint data on accessibility regularly. It can do so only in limited and specific circumstances. The AG report found that this limits the ability to fully understand the total number and nature of complaints and, thus, identify and address potential barriers to accessible transportation.

For example, when a wheelchair is damaged, a complaint can be lodged with the transportation service provider and, if necessary, with the agency. However, when complaints are submitted only to the transportation service provider, the agency is not made aware. There is no regulation enforcing that. Therefore, it does not know the full extent of the issues faced by persons with disabilities. In contrast, the same Canadian airlines travelling to U.S. destinations must report accessibility performance indicators, such as damages to mobility aids, to the U.S. Department of Transportation.

Complaint data is one of the key sources of information that flags discrimination and problem experiences by travellers with disabilities. Not having the authority to regularly access this information limits the agency's ability to more strategically select the provisions of the Accessible Transportation for Persons with Disabilities Regulations to inspect. This creates an additional risk that the agency is not focusing its limited resources on the areas of the highest risk and those discriminatory barriers.

Recently, the Canadian Transportation Agency ruled that the country's largest airlines need to do more to accommodate passengers with mobility devices. A consultation process with the disability community regarding the proposed accessibility regulation in this act must be the standard we have for all transportation systems. This should also include a new accountability process for accessibility complaints, including current outstanding complaints, to be heard, addressed and monitored for changes to be implemented. They must meet international standards.

The last point I want to touch on today is postpandemic air travel. The pandemic has exposed deep underlying issues in Canada's air transportation sector, which resulted in chaos during the summer 2022 and holiday 2022-23 travel seasons. Airlines have come under fire for poor planning and trying to rebound too quickly in order to maximize profits. This has resulted in Canadians sleeping on airport floors and being stranded abroad, as well as Toronto Pearson airport being ranked as one of the worst airports in the world for delays. This legislation would provide regulation-making authority requiring improved service standards.

In the briefing on this bill to the stakeholders, the government said, “Regulations developed would establish the services that require a service standard, but the intent is not for the regulations to establish specific target metrics.” Why is this not the intent? The NDP supports stronger collaboration and service standards for all aspects of air travel. However, those service standards should be developed and implemented by the government to ensure consistency across the sector and to ensure that airlines and airports are not left to regulate themselves.

We have seen that, when left in their own hands, companies will take shortcuts, do minimal work to make a change and put profits before people. New Democrats would add this: If the government truly wants to address delays and inconsistencies in the air travel sector, it should take steps to improve working conditions for airport screening officers by ending contract flipping and by supporting training programs. The NDP agrees that establishing service standards for air sector providers is important. However, the government should ensure that those standards are consistent across the sector and serve the best interests of workers and travellers.

In summary, New Democrats want changes to this bill that will positively impact those affected by airplane noise and pollution and those who use air travel, including passengers with disabilities. We also want established guidelines for how the new data-sharing provisions will be used to effect positive changes in the sector. Government must strengthen the contents of airport climate plans to ensure that emissions targets are consistent with international commitments to the Canadian Net-Zero Emissions Accountability Act.

I will close by saying that the proposed act requires airport authorities to prepare climate change plans using international standards, but it has no similar requirement for noise or accessibility. This feels discriminatory, so I ask why. This needs to be corrected. Additional accountability is needed in this bill by adding that airport noise committees must evaluate noise complaints in a manner consistent with recognized international standards. Complaints relating to accessibility must also be evaluated in such a manner. We cannot leave this to be fixed in a private cabinet meeting.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

October 27th, 2023 / 1:05 p.m.
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Liberal

Chandra Arya Liberal Nepean, ON

Madam Speaker, the hon. member mentioned airport noise and the noise complaint process. My riding of Nepean has a problem with small, low-flying aircraft from a flying club. This act does not deal with the noise generated by these aircraft. The data are controlled by Nav Canada, which the residents in my riding do not have access to.

Does the member agree that, if possible, an amendment must be made at committee to include noise pollution caused by small aircraft at flying clubs and that the complaint resolution process should be made much easier for residents of affected localities?

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

October 27th, 2023 / 1:05 p.m.
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NDP

Bonita Zarrillo NDP Port Moody—Coquitlam, BC

Madam Speaker, the Liberal government needs to take into consideration the science. We do need to make sure that those whose health is potentially affected by noise pollution and any other kind of pollution are taken seriously. The government has a lot of work to do to protect the health of Canadians. This would be just one of the ways.