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

November 21st, 2023 / 11:35 a.m.
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Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Madam Speaker, I am going to pick up on a comment from another colleague across the way, the member for Scarborough—Guildwood.

Let me state for the record that I do not enjoy the member for Winnipeg North speaking quite as much as he does, but I want to pick up on the question he asked the member, which my colleague from Cariboo—Prince George also referenced, and that is the lack of service standards. Where is the specificity? That is what Canadians are looking for, not another promise or photo op. Would the member agree?

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 11:35 a.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I would agree 100%. That was my comment. Who sets that service standard? Are they going to set up yet another committee of industry experts who will meet and do nothing? Who sets those standards? Who agrees to those standards?

What we see in Bill C-52 is that, once again, it would give all the power to the minister with no accountability to Canadians. Who sets those standards? That is the question Conservatives have.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 11:35 a.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Madam Speaker, there seems to be some confusion between what is law and what is regulation.

This would be a law that possibly sets up an agency for the creation of regulations. This is not the place to ask for specific standards as to when baggage should or should not arrive or when airplanes should fly on time or not fly on time. It probably would be better in committee. Once the bill is passed and the regulations are published, there would be a scrutiny of regulations committee to establish whether the regulations are appropriate.

Can the hon. member give us his understanding of the interaction between the creation of law and the creation of regulations?

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 11:35 a.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, the hon. colleague, who has been in this House a lot longer than I have, summed it up quite succinctly.

The issue that Conservatives have with Bill C-52 is it lacks the meat, the intention and the direction for when it gets to committee. What is the mandate for the committee? What is the direction and where is the meat in Bill C-52 that will set the guidelines for the work that the committee is going to do?

Bill C-52 fails to do that. Similar to what the government has done in the last eight years, it has failed Canadians on the transportation file.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 11:40 a.m.
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NDP

Lindsay Mathyssen NDP London—Fanshawe, ON

Madam Speaker, I would really love some understanding on where the hon. member stands.

I understand that we are talking about service standards and regulations, and I too am concerned about an industry that self-regulates. That has consistently been an issue, especially when dealing with the safety of Canadians.

Is the member saying it is imperative that it be part of this bill, that there should be transparency in government to ensure that transportation standards cannot be self-regulated and that those significant changes be made in the bill?

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 11:40 a.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, if I understand my colleague correctly, no. Our transportation sector is among the most regulated in our country. Are there areas that we need to focus on? Absolutely.

We need look no further than news reports in recent weeks about those who have disabilities and travel. One gentleman was dropped in the middle of the aisle and had to literally crawl his way to the front of the plane. That is absolutely unacceptable.

Bill C-52 has some points in it that I think are great and I support, but there are areas that we need to address. Bill C-52 does not go far enough. That is what concerns Conservatives.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 11:40 a.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I look forward to discussing Bill C-52.

Before I do that, I want to say that just as the parliamentary secretary to the government House leader was finishing up his speech, I got a real kick out of seeing a Conservative member come running into the House to jump up and criticize the member for Winnipeg North for having spoken over 3,000 times. It was as if somebody had punched things into a computer in the backroom to figure that out. The reality is that we are now in a position where Conservatives are criticizing members for wanting to get up and repeatedly represent members of their community.

The member for Winnipeg North should take great pride in the fact that he stands up for his constituents so many times. Over 3,000 times he has stood up for the people of Winnipeg since 2021. That would be something to celebrate, in my opinion. Only a Conservative would come in here and suggest that it is somehow to the detriment of democracy that the member for Winnipeg North continually stands up and represents his constituents. It is no wonder the man keeps getting elected and sent back to this place by the people of Winnipeg when they see that time after time after time he gets up to represent his constituents. If we could all represent our constituents to that effect, we would be absolutely incredible members of Parliament, all 338 of us. I take great pride in sitting so close to such a passionate member who represents his community.

Let us talk about Bill C-52 for a few minutes. This is a very important piece of legislation.

I find it quite interesting that the most recent Conservative member who got up to speak, in response to a question from the NDP, basically admitted that the bill does a lot of what he thinks it should do, in particular, with respect to the scenario that my NDP colleague brought up. He said that he thought the bill would actually do a lot of that stuff and would be good in that regard; however, it does not go far enough in another area that he is concerned about. However, the Conservatives have had a difficult time articulating that today. None of them have really pinpointed where that is, other than to say that regulation is bad and extreme competition is good.

Why will they not at least send the bill to committee? Why will they not at least get it to committee? Then the member or his colleagues who are represented on that committee could talk about it and try to address the issues they have.

I would suggest it is not because Conservatives are genuinely interested in the bill or genuinely interested in advancing any kind of meaningful policy for Canadians. I think it is just that they do what they always do, which is to delay and prevent legislation going forward at any cost. It does not matter what the issue is.

I actually have a hard time sitting here wondering when the last time was that Conservatives voted in favour of anything the government proposed. I understand if they say they disagree with everything that this government does, but what are the odds that they would just happen to be against absolutely everything? I think that it is really—

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 11:45 a.m.
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Conservative

Ron Liepert Conservative Calgary Signal Hill, AB

Madam Speaker, on a point of order, there does not appear to be a quorum in the House.

And the count having been taken:

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 11:45 a.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

I believe we now have quorum.

The hon. member for Kingston and the Islands may proceed.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / 11:45 a.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, if this were the first speech I ever gave in the House and we lost quorum, I would feel personally offended that everyone ran out of the room when I started to speak. However, I am going to assume it is that it is close to lunchtime and people are hungry, so I will not take offence at the fact that we seem to have lost quorum during my speech.

In any event, let us talk about Bill C-52, because I think it seeks to address a lot of the issues we see with airports in our country. Before I identify some of those key challenges, let us reflect on Canada's transportation ecosystem.

In the year 2019, for which I have the data, a total of 162 million people boarded and deplaned at Canadian airports. It is really important to note that 69% of those people either boarded or disembarked from a plane in these four cities: Vancouver, Calgary, Toronto and Montreal. That is really important, because it speaks to why we need this legislation, given that so many people are using just four airports.

There were 26 airports in the national airport system that served around 90,000 air travellers since the 1990s. Most large airports were operated by private not-for-profit entities, which we know as airport authorities, through long-term leases with the federal government. There were 150-plus other airports owned and operated by provinces, territories and municipalities, including the municipality of Kingston. Of the air carriers, in 2019, Air Canada and WestJet accounted for 86% of the market share domestically. Let us think about that. Two operators accounted for 86% of the market share. Multiple mid-sized and small carriers existed. Those airports would often hire external service providers for baggage, ramp handling and refuelling, for example.

Canada's geography and population density can lead to unique challenges, as members can imagine. We have those four primary locations where people get on and off planes, which literally, if one were in Europe, would be several countries apart with respect to geography.

It is also important to point out that private or not-for-profit corporations are responsible for civil air navigation services across 18 million square kilometres of Canadian airspace, and they oversee more than 3.3 million flights a year through a network of air control centres. That is all done, as we know, by Nav Canada.

There are CATSA, CBSA and U.S. CBP. It was indicated that the Canadian Air Transport Security Authority screened just under 68 million passengers between 2018 and 2019. The Canada Border Services Agency is responsible for guarding our border, for immigration enforcement and for customs services. The U.S. Customs and Border Protection currently provides pre-clearance at eight airports. That provides the context for where the challenges exist, and I think it is important to understand what the ecosystem looks like in order to do that.

There are key challenges, and I will identify five of them.

The first challenge is with enhancing federal oversight legislation in the air sector. Canadian airports are not subject to an oversight framework legislation, apart from, as we know, safety and security. I think that is a major need, in the transportation sector specifically, and we really need to address it to provide that oversight framework.

The second challenge is the accountability deficit that impacts air service to Canadians. There are long-standing concerns, particularly about major disruptions like storms, and about system accountability and transparency, because we quite often hear about them.

I will never forget waiting to board a plane, and it was four or five hours late. We were told it was out of their control. Due to weather, the plane was going to be late, and nobody was going to be compensated. I looked out the window, and it was a bright, sunny day. I wondered how it was even possible that they blamed it on the weather. It turned out, after I bugged some people, that it had more to do with what the weather was like for the crew who had to fly from another area of the country.

There has to be accountability when it comes to those things, and quite frankly, it does not exist right now. How many times can we allow that domino to fall over? Eventually, one is going to hit somewhere in the world that has bad weather that can impact one's flight down the line. That is where there is a deficit in accountability.

A third challenge is that the system lacks service standards and a reporting framework. Canada's air transportation ecosystem lacks clear standards among key operators to ensure the delivery of efficient air transport. Why is having those standards so important? It is very important, especially in a sector that has fewer players, because the competition is not as robust.

We should have standards in the aviation sector anyway. Specifically, when a sector has only two key players, Air Canada and WestJet, that make up 86% of the market in our country, it is extremely important that we have standards in place. In some instances, we cannot rely on the competitive nature to develop those standards, especially when the competition is so low in terms of the number of players.

The fourth challenge is insufficient accountability in the marine mode. We know there are concerns that Canadian port authorities are not sufficiently accountable and are lacking appropriate recourse mechanisms when taking certain decisions like changing fees. Right now, those port authorities can, at their own will, change their fees to whatever they want, and there is no oversight mechanism.

It is important because it is not as though those fees can be done by somebody else. The fee is inelastic from an economic perspective. It is a fee that the marine port authority can charge at its discretion, and users have no recourse. That is a big challenge.

The last challenge I want to address is specifically with respect to data about accessible transportation, which needs to be improved. The Auditor General of Canada has called for better compliance data for service providers to identify and to remove barriers to accessible transportation. That one is self-sufficient. We heard a question regarding that. That is why it is so important. Those are the challenges that exist.

I would now like to talk about how this bill attempts to address those challenges. First, the bill introduces legislation, the air transportation accountability act, that would establish an oversight framework for airports on noise; establish requirements to provide information, environmental reporting, and equity, diversity and inclusion reporting; and provide regulation-making authority for the creation of service standards and the associated public reporting for operators in the airport ecosystem.

As I indicated, there are some authorities with respect to safety, but it pretty much stops there. We brought in a bill of rights back in 2018 for airplane passengers, but that pretty much stops at the actual interaction on the plane itself. That does not extend to everything else that happens from the moment one arrives at the airport to the point when one departs from a Canadian airport. We are looking to extend that framework and to allow it to encompass all those things in the ecosystem of the airport, not just on the plane itself, in addition to the other issues I talked about regarding noise and providing information on environmental reports.

The second thing this bill would accomplish would be to amend the Canada Transportation Act to provide the Governor in Council with the authority to make regulations: to require certain persons to provide data on key accessibility metrics to the Minister of Transport and to the Canadian Transportation Agency to support an accessible transportation system; and with respect to the process of dealing with complaints related to accessibility.

We did hear, earlier in the debate, examples of individuals who were put in extreme hardship as a result of not having that information in place. We know we have to do more for people with disabilities, and we have an obligation to bring in meaningful changes to ensure that people are treated with equity and fairness. However, we also need the data to be able to properly develop those regulations, and that is what the second part of the legislation would do.

Finally, this legislation would amend the Canada Marine Act to improve Canadian port authorities' accountability and transparency on fee setting and the related complaints process established in the regulations of dispute resolution mechanisms. I mentioned earlier that a port authority at a marine location can change its fees at its own discretion, whenever it wants and without consultation. We would put in place a mechanism to ensure consultation would take place with users, and there would be a mechanism to file a complaint if the users did not feel they had been justly informed and included in the creation of fees or the changes made to those fees.

Again, this is about making sure the framework is there to have a better experience for users. This entire bill would do that. It is about making the experiences for users of our airport authority ecosystem and of our marine ports better and more accountable. It is incredibly important.

I am getting the sense, after listening to the debate this morning in the House, that the Liberals, the NDP and the Bloc will likely be in favour of moving this to committee. I recognize that the Conservatives appear to have some issues with the bill not going far enough, which is what we have heard them say. I do not know why that would prevent the Conservatives from at least voting for it at this point to get the bill to committee.

In the eight years I have been around here, times have become perhaps slightly cynical, but I would suggest that is a bit of a red herring. The Conservatives do not want to support the bill, but it is easier to say it does not go far enough, and it should go further; therefore, they will vote against it. It is probably more along the lines that they do not like the framework and do not think the framework should be in place. They believe in a form of extreme competition, even when it only includes two major players in the airline industry, for example, and they do not believe we should have regulations in place for standards. Perhaps that is just my cynical side, but it certainly has come across over many years of listening to debate in the House.

I hope that, at the very least, Conservatives will not filibuster this bill so it can never get out of the House to committee and that we do not have to work with the NDP and/or Bloc to time-allocate the bill so it does get to committee. However, I know that is another game the Conservatives like to play, so we might end up going down that road as well.

In any event, this is a very important bill. It would improve the experience of people utilizing marine ports and the airport ecosystem. I strongly encourage all members to support it so we can get it to committee, make the required amendments, and then bring it back before the House so it can become law for the betterment of our country and of those transportation systems.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / noon
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, people living in the northern boroughs of Montreal, be it Ahuntsic or Montréal-Nord, are extremely concerned about the noise from Pierre Elliott Trudeau Airport's air corridor. For years, they have been pleading for noise mitigation measures.

While there are good things in Bill C‑52, the New Democrats would go further. We would implement World Health Organization standards for noise around airports. We would make public Transport Canada noise data for areas surrounding airports, and we would improve data collection on ground-level airport noise. All these actions are found in the report of the Standing Committee on Transport, Infrastructure and Communities released in 2019.

Why has the Liberal government not decided to go further, pushing forward to protect citizens suffering from excessive noise in the vicinity of airports?

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / noon
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I really appreciate the comment, but I think the important thing here is to recognize the fact that, while this NDP colleague brings forward a concern, he also knows that he can address it when the bill gets to committee.

The member referenced a report where this issue about noise has already come up. The member for Scarborough—Guildwood made a comment earlier about the difference between legislation and regulation. I do not know if the member's concern falls into the legislative part of it, which is what we are dealing with now, or the regulation that comes out of the framework that is created. In any event, what we are trying to do here and what the bill would establish is the oversight framework for those airports.

As I indicated, I think 69% of all air travel in Canada is in four airports, with Montreal being one of the busiest four airports in the country. Obviously, the other three will probably have similar concerns with respect to noise. However, this framework would set up the manner in which the data that the member is talking about will be collected; the rules, decisions and regulations can then come out of that framework to better improve the negative experience that people are encountering at the Montreal airport.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / noon
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Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, the bill purports to make travel experience better, but it does not really have service expectations or standards set out clearly. A lot of it is just left to the Governor in Council, or in other words, cabinet. I think it would be unfounded, but the member may have comfort in the Governor in Council today. He may not have that comfort in the future. Could he comment a little bit on whether the bill should not have more service standards and expectations built into it?

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / noon
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I appreciate the question, but the member must not have been in the House to hear a similar question from the member for Scarborough—Guildwood, which would have answered it.

However, this is where I think the Conservatives are just using the issue as a red herring. The member should know better than to suggest that those specific details should be included at this point. The bill is about setting up the framework to be able to collect the data and then make those regulation decisions.

The member is basically asking why that detail is not in here, which I think is a red herring. This is just the Conservatives' excuse to vote against the bill. The member should know better than to suggest that this information should be included at this stage. This is about setting up the framework so that what he is going after can actually be obtained and then decisions made with regard to the regulations.

Enhancing Transparency and Accountability in the Transportation System ActGovernment Orders

November 21st, 2023 / noon
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Madam Speaker, I would like to carry on from the two previous questions and the information in the bill. The bill would create a formal process for notifying and consulting the public on changes to aerospace designs that affect aircraft noise near airports and ensure that communities would be consulted.

The simple question here is this: Does the hon. member, or any of us, know anything about aircraft noise? I dare say that, in my case, I certainly do not. I am interested in the hon. member's views on his expertise on aircraft noise.