44th Parl. 1st Sess.
October 27, 2023 10:00AM
Mr. Speaker, it is with great enthusiasm that I rise today to speak to Bill C‑52.
From the outset I want to say that the Bloc Québécois will support this bill to have the chance to study it closer in committee and improve it.
We know that the bill is trying to resolve various problems that have arisen at our airports since air traffic has resumed. Obviously that is a good thing, because there has been no shortage of problems at our airports since the end of COVID-19.
This leads me to the first point of my speech, about airport and airline service standards. I believe that the intention here is good. We all remember, for those who managed to get a federal passport to travel, what a mess there was at Canada's airports in the summer of 2022.
As members will recall, the government refused to propose a plan to lift the health measures. Why? Rather than provide predictability to our citizens, our industries and our businesses, the government chose to contribute to polarizing this issue, like the Conservative Party. Each side did that in its own way.
Consequently, when the government lifted the public health restrictions for travelling abroad, people rushed to our airports. That resulted in all the chaos we witnessed, when hundreds of flights were delayed or cancelled and passengers were stuck sleeping on the floor at airports. There were also extremely long wait times at customs, which, incidentally, is a federal responsibility. That is also not to mention the horrendous lineups for boarding.
The Bloc Québécois's intuition before those problems occurred was right. We warned the government that its passenger bill of rights was by no means a panacea, and sadly, the unfortunate things that happened proved that to be true.
It became very clear that certain airlines preferred to make more money by overbooking their flights. They knew that they would be unable to keep their commitments. However, they also knew that it would not be too much of a problem because the complaints would not go anywhere, given the interminable delays at the Canadian Transportation Agency. Because there is no serious punitive mechanism for these airlines, some of them chose to act unscrupulously, and that is shameful.
The second key moment in this saga happened last winter. Members may recall that a snowstorm left many flights grounded. We agree that no one can be blamed for a snowstorm, not even the Minister of Environment and Climate Change. We are not holding the government responsible for rain or good weather—especially not good weather, of course. The fact remains, however, that although events beyond our control can affect air transportation services, airlines have a responsibility to their customers that they cannot shirk. They have to provide food to people left waiting for hours, or even hotel rooms and return flights if their customers are stuck in Mexico, for example. Unfortunately, some airlines failed to live up to their responsibilities that time, too.
Further to that point, I want to talk about Cirium and FlightAware, the firms that compiled data for La Presse. They determined that there were more than 2,400 delays and cancellations during the holiday season last year, that is, between December 19, 2022, and January 4, 2023. Their figures show that over 55% of Air Canada's 1,000 flights were delayed. For Sunwing, the figure was two-thirds. Every airline had issues. It was during this period that Sunwing suspended several return flights from Mexico, stranding travellers there for days. People criticized the company's incompetence, and Sunwing was forced to apologize to its customers.
We talk a lot about airlines, but we cannot forget about Via Rail. This rail company was also singled out for blame. Passengers were trapped on board a train for hours. In one case, it was an entire day. That is unacceptable.
Following this second unacceptable event, the Standing Committee on Transport, Infrastructure and Communities took up the issue. My esteemed colleague from Pierre-Boucher—Les Patriotes—Verchères, whom I commend, proposed several improvements to the passenger bill of rights.
These improvement include the following: shifting the burden of proof to the airlines; changing the grounds on which a carrier is not required to provide compensation; improving the complaints process to reduce delays, finally; making the Canadian Transportation Agency's decisions public to establish a type of jurisprudence, so that anyone forced to go to court several years after the incident will know exactly what the agency is basing its arguments on; and increasing fines for airlines.
These proposals were included in the government's Bill C‑32. Just one thing was left out, namely the need to ensure that airlines treat people with respect and dignity. I believe that is the objective of the service standards, that is, to ensure that airlines treat people like people, for example, and as I said earlier, by providing them with food when the plane is grounded for several hours, as well as a hotel room instead of the floor to sleep. This is a step in the right direction, and we welcome it.
The only concern that I have about this measure is that it does not force the government to set standards for the services it offers itself. We know that some airport delays are caused by the federal government. I spoke about it a few moments ago. The endless wait times at customs and security because Ottawa is not providing sufficient funding are not the responsibility of airlines or airport authorities. The federal government needs to lead by example and set service standards for itself. That is what we are asking it to do today. Once again, what we are seeing in this bill is that the government is setting standards for airports and airlines. That is good, but the government, the royalty that does not negotiate with its subjects, remains above all that, and the problem remains unsolved. The government should have implemented such measures here at the same time in order to set the example.
My second point about this bill has to do with something entirely different and that is the management of airport noise out of respect for the neighbouring community. The bill forces airport operators to establish a noise management committee, which will be responsible for dealing with complaints from the public and giving notice to the public with respect to noise alterations. The committee is made up of one representative from the airport operator, one representative from Nav Canada, one representative from the municipal or local government and one air carrier representative. Under the bill, the committee will meet at least four times a year and allow public participation.
In practical terms, it is hard to say whether the committee will really improve neighbourliness between airports and residents, but it is safe to say that having this committee will facilitate both the process and communication on this issue. As we know, there are numerous problems that arise between airports and neighbouring residents, and they are often brought to the attention of the MPs who represent these citizens. As I was saying, the committee will not solve everything, but it can facilitate communication. That is why we welcome this party's intention. However, we are aware that this remains a serious and deep-rooted problem. Citizens are reaching out to us, especially to our colleagues who represent ridings with airports near densely populated areas. People are saying they cannot stand hearing airplane noise all day long. We need to continue to do more, but this is a good first step.
Another aspect that we welcome is the establishment of greenhouse gas reduction targets for airports and ports. They will not be exempt.
As members know, the bill requires municipalities to develop and adopt a five-year plan on climate change adaptation measures. We are talking about the current and anticipated impacts of climate change on airport operations for airport authorities and reducing greenhouse gas emissions. Specifically, this is about targets and adaptation in relation to the previous plan. Governments will also have to publish their plans.
This part of the bill aims to force port and airport authorities to come up with a plan to reduce emissions and adapt to climate change. Given the importance of this infrastructure, we welcome the proposal in this area, as well.
However, we did find some problems in several areas of this bill and in many other bills introduced by the government. What is the problem?
Airport obligations are determined by regulations. In other words, they will be determined by the government, who will not have to be accountable to the House, to us legislators. Today, as we debate Bill C‑52, it is impossible for us to determine the effort that will be required from airport authorities. In other words, Bill C‑52 gives the government the power to say that it will impose rules later, that it will determine them alone and it will not be accountable to anyone.
This can likely be explained by haste. They probably want to go too fast and for us not to take the time to do things properly. I will come back to that a bit later in my speech.
This looks good on paper, but since the devil is in the details and those will not be decided until later by regulation, we will remain skeptical about the scope of this measure. As I was saying, this is not the first time the government announces good intentions on the environment, when we know its true nature, namely to continue giving subsidies to the oil companies, authorize Bay du Nord, fund at great cost the expansion of Trans Mountain, and so on. We are not fools.
Let us come back to Bill C‑52. Another part of the bill deals with the collection of information and the handling of complaints regarding airport accessibility for people with disabilities. That is obviously very important. Here again, the intention is highly commendable and it is consistent with the objective of the Accessible Canada Act, which is to eliminate barriers for people with disabilities by 2040. We all saw stories in the news about people with disabilities who were unable to receive the services and support they needed. What is more, quite often, they were not treated with the respect that every person deserves. Every incident like that is one too many and unacceptable. It is imperative that things change, that action is taken. Let us hope that Bill C‑52 helps to improve the situation and that such incidents never happen again.
As I was saying, the problem is that the bill does not indicate what the government intends to do to improve the situation. However, it does indicate that the government will be able to create regulations in that regard. The bill targets a problem that must be resolved to comply with other laws, but it gives the government power to adopt regulations and does not make the government accountable to the House, which is unacceptable.
Again, I will offer some criticism about this approach. Passing legislation that only allows the minister to make the rules bypasses the spirit of the legislative role of Parliament. It does not allow us, the elected members, to properly defend the interests of the constituents we represent.
At some point I would like to officially make this request to the Chair, who is the defender of our rights and privileges in the House. I would like to know whether it is acceptable for the government to operate in this way this often, having everything go through regulations instead of through laws that can be studied thoroughly by us, the legislators. In my opinion, the government is assuming rights that are also those of the House by proceeding in this way. Obviously, when there is a majority vote then it is the House that it is giving these rights to the government. This raises a rather fundamental question. The government is proceeding in this way to go quickly and to hide what will be unpopular. That is an issue that deserves a lot of reflection.
In its current form, Bill C-52 creates a great deal of uncertainty for the industry, which is being told that the government has plans without being informed of how it intends to go about implementing them. Will the industry receive clear information on what will be implemented in the regulations? Will it be able to have a constructive and positive dialogue within the acceptable time frame allowed by the government? The industry has to rely on the government's good faith. This leads to a concentration of powers, which is worrisome, because when power is concentrated in the hands of the minister, this runs contrary to the spirit of the separation of powers necessary for a healthy democracy.
I really wanted to take a moment to point this out. I think it is necessary because we would prefer that the government do its job and legislate through laws rather than regulations. We believe it is necessary, even when one has very noble intentions such as making our airports more accessible and inclusive.
On this point, there is another part of this bill that I want to commend. The bill provides that airport authorities will henceforth be required to produce a report on diversity among their directors and members of senior management.
Once again, the details will be defined by regulation. Based on what Statistics Canada wrote in its report on diversity among directors and senior management, inequities persist among men, women and visible minorities. As we know, the last two groups are under-represented and there are still wage gaps, even when the main reasons for gaps, such as occupation, education, and the number of weeks or number of hours worked, are accounted for in the Statistics Canada study.
We have a duty to address these inequities and we will continue to do so. We applaud the fact that Bill C‑52 includes a part on this subject. However, it does not say what is actually going to be done. It announces an intention in that the matter will be defined by regulation, once again.
In conclusion, there are many, many elements of the bill that I would have liked to discuss, including criticisms about part 3 of the bill and the changes to port fees. Part 3 of the bill amends the Canada Marine Act and provisions regarding the fixing of port fees. A bunch of different taxes are mentioned, like tolls, dues and rates for things like harbour access, berthage and wharfage, not including payments made under a lease or licence agreement. There is a list of principles that port administrations have to observe when fixing fees. Part 3 of the bill also established a framework for complaints regarding these fees.
We have some concerns about these principles, which could benefit from discussions in committee, improvements or clarifications. Proposed paragraph (a), for instance, states that “the fees must be fixed in accordance with an explicit methodology—that includes any conditions affecting the fees—that the authority has established and published”. We wonder if this principle is really necessary and what the reasoning is. There is also paragraph (c), which states that “the fees must not be fixed at levels that, based on reasonable and prudent projections, would generate revenues exceeding the authority’s existing and future financial requirements”. Our concern with this principle is that the wording could hinder development and investments in port infrastructure.
The bill also enables the Canadian Transportation Agency to make regulations to establish fees to administer the provisions of the bill on fees. The bill does not specify who will be charged these fees because, once again, it will all be determined by regulation. That is how this party governs. It drafts a bill and asks us to vote in favour of it, but everything is determined by regulation so that the government is not accountable to the House. Is it because the members of this party are ill-intentioned and trying to pass things that we do not know about or is it because they are just incompetent? One has to wonder, but this way of doing things is shameful either way.
Obviously, in committee, we will ensure that the principles outlined in the bill do not undermine the competitiveness of Quebec and Canadian ports. We will also take the time to study these principles and their effects. For example, again in relation to this same part, we are not convinced that the complaints process is the best, and we are wondering about the reasoning behind the principles that will determine port fees. I am sure my colleagues will address those aspects in more detail in the speeches that follow.
I want to close by emphasizing that, as usual, the Bloc Québécois will take the time to study the bill in committee to improve it, with our main focus being that this future law must improve the day-to-day lives of Quebeckers. That is what we are always working to accomplish.
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- Oct/27/23 12:44:32 p.m.
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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.
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- Oct/27/23 12:46:46 p.m.
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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.
An hon. member: Oh, oh!
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- Oct/27/23 12:47:52 p.m.
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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.
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- Oct/27/23 12:49:08 p.m.
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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.
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- Oct/27/23 12:51:19 p.m.
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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.
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- Oct/27/23 12:53:26 p.m.
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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.
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- Oct/27/23 1:11:57 p.m.
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Madam Speaker, I congratulate my hon. colleague on her speech.
I would like to start with a comment before I ask my question. My fear about the possibility of fully improving the bill in committee is that legislative clerks have a very narrow view of the changes that can be made to the bill in committee. That makes it very difficult to broaden the scope of the bill. That is what I wanted to say.
Here is my question. This bill relies heavily on the government to determine everything by regulation at a later date. My colleague referred to that in her speech. I would like to ask her again whether it is acceptable for the government to work that way. Is it acceptable for the government to say that we have to trust it, that it will take care of everything but that it will not be held accountable?
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Madam Speaker, we all remember the sad incidents at airports in the summer of 2022. People were sleeping on the floor. They were not given food or a place to sleep. They were not getting any answers. We also remember the big snowstorm during last year's holiday season, and especially everything that followed.
Does my colleague think that the contents of Bill C-32 and the other bills passed so far are enough to ensure that these kinds of situations do not happen again?
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Madam Speaker, as my friend and colleague from Rivière-du-Nord mentioned on September 21 and as my friend and colleague from Saint-Jean will reiterate in a few minutes, the Bloc Québécois supports Bill S-205 in principle and recommends that it be sent to committee for study.
Our position is consistent with initiatives that reinforce mechanisms aimed at making the justice system better aligned with public safety, especially to better protect victims of domestic violence.
Broadly speaking, Bill S‑205 seeks to amend the Criminal Code to require the judge who has to make a decision regarding the interim release of an accused person to make sure that the prosecutor has consulted the victim about their safety and security needs.
To that end, the judge can order the accused to wear an electronic monitoring device—
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Madam Speaker, as I was saying, Bill S-205 essentially seeks to amend the Criminal Code in order to enable judges to order an accused to wear an electronic monitoring device at the request of the prosecutor; make it easier for the victim to obtain a copy of the order against the accused and require the judge to check with the prosecutor to ensure that the victim has indeed been informed; and enable the victim to report their assailant if they have reasonable grounds to fear for their physical safety or that of their child or children. If the fear is justified, the judge can then order that the accused enter into a recognizance. Refusal to do so will result in imprisonment.
The bill also seeks to give judges the power to set conditions in the recognizance to ensure good conduct. For example, the judge can require the accused to attend a psychosocial treatment program; move to a region other than the area where the informant lives; refrain from going to a specified place; and abstain from communicating directly or indirectly with a child, the informant or the child of the informant, or any relative or close friend of the informant. The bill also seeks to enable the judge to prohibit the accused from using social media and from using drugs, alcohol or other intoxicating substances. The judge can also require the accused to provide a sample to ensure that they are meeting that condition. Finally, the bill seeks to enable the informant to provide submissions in writing to help the judge determine the conditions in the recognizance.
Bill S‑205 has three main components: the obligation to consult the victim before making a conditional release order; the addition of the concept of domestic violence, allowing a victim to apply to have the accused enter into a recognizance to keep the peace, under sections 810 and following of the Criminal Code; and the preponderance of the victim's submissions, which can influence the choice of the conditions included in the recognizance issued to the accused.
Bill S‑205 therefore expands the scope of section 810 of the Criminal Code to allow the court to impose a good behaviour recognizance if the victim fears that the accused might cause personal injury or property damage to them, their child or their intimate partner. Relatives and close friends have been added to the list of potential targets.
Let us not forget that release, with or without conditions, allows an accused person to be released into the community while awaiting trial. In Quebec and Canada, criminal law and penal law have a duty to punish crimes and protect the public. With femicide and domestic violence on the rise, it is important to strengthen mechanisms to protect victims, their children and their loved ones. Modernizing the Criminal Code is an essential part of that, and that is exactly what Bill S-205 does.
More specifically, the Criminal Code sets out the conditions under which it would be justified to detain an accused person pending trial. The decision to detain a person awaiting trial depends on a number of factors specific to each situation. When it is in the public interest to detain an accused person, it is important to remember that the accused is deprived of the exercise of fundamental rights. These include the presumption of innocence and the right to life, liberty and security of the person.
Allowing the victim to be more involved in the court case is a welcome improvement that the Bloc Québécois can support unreservedly. Victims should not have to fight for justice to be served. The bill will help reduce the obstacles that victims might encounter and that might dissuade them from taking the brave step of filing a complaint against their attacker.
The Bloc Québécois will always stand up for women and victims of domestic violence. One victim is one too many. Quebec is one of the most progressive nations when it comes to protecting victims of intimate partner and domestic violence. In fact, Quebec's department of public safety launched a Quebec-wide electronic monitoring device pilot project. In December 2022, more than 650 offenders on parole were fitted with such a device. Let us not forget that these are people being prosecuted for offences for which they could be sentenced to incarceration in a Quebec prison.
Those who end up in federally run prisons, and therefore who have longer and harsher sentences, are not subject to the same conditions. It is time to settle this discrepancy and make offenders subject to the same restrictions.
If the bill passes, these legislative changes will represent an added value for the victims, including female victims of domestic or sexual violence. The justice system has to be more effective and transparent, not just to facilitate the legal process and ease the long-term effects on victims or their family, especially when a decision is made about releasing the assailant, but also to strengthen public trust in the justice system so that no other victim of a crime will hesitate to report it to the police.
Statistics show that there has been a spike in femicide and domestic violence. Between 2009 and 2019, there was an increase of 7.5%. The idea is to bring these numbers down. They are currently on the rise. As parliamentarians, we have a responsibility to help reverse this troubling trend. The reality on the ground highlights the gaps, including the status quo in the justice system: Many victims continue to fear their assailant, even while that person is being detained.
We can only welcome an initiative that aims to improve the victim's experience of the justice system throughout the entire process, from the moment he or she decides to file a complaint.
Bill S-205 may contain loopholes that could jeopardize certain fundamental rights, such as the obligation to provide biological samples to prove compliance with a recognizance to be of good behaviour. This all must be studied in committee.
However, as I have said and will say again, as my colleague will say later, and as my colleague from Rivière-du-Nord put it so well—better than I can—the Bloc Québécois unequivocally supports the principle of the bill. This is a laudable principle that aims to make our communities safer, which is a win-win situation for all Quebeckers. A sense of security within a community strengthens a nation's well-being. Finally, in committee, as I said and as we will say again, the Bloc Québécois will work constructively to improve this bill.
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