44th Parl. 1st Sess.
November 21, 2023 10:00AM
- Nov/21/23 10:25:59 a.m.
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Madam Speaker, it is a great question. I am glad the member will be covering that because if I had been given the opportunity to speak for the full 20 minutes, I would have gotten into some of the challenges when it comes to a typical trend the government has undertaken, which is to defer responsibility.
This bill in particular gives the minister an incredible amount of latitude to determine what the regulatory framework will or will not look like in this. Unfortunately, what we have seen in the record of the Liberals is simply one of perpetual failure. Canadians want a bill that has teeth. This bill does not have that.
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- Nov/21/23 12:35:19 p.m.
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Madam Speaker, it is interesting that, if a member supports any one item in a bill, the Liberals think right away that the member endorses or supports the entire bill. That just is not the case.
I think I articulated fairly clearly in my speech that this bill has many flaws. It sets out a regulatory regime that we would be handing over to cabinet or the Governor in Council for them to determine the regulations. This is without any indication that there would be any accountability from the service providers in our transportation industry. That is what is glaringly missing from this bill. There is no mechanism in here for responsibility within the transportation industry or to hold it accountable to its commitments and our expectations.
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Madam Speaker, I will be sharing my time with the member for St. Catharines. I want to begin by acknowledging that we are gathered today on the traditional, unceded territory of the Algonquin and Anishinabe peoples.
I am very pleased to be speaking about the topic we are discussing today, enhancing transparency and accountability for port fees. I will be talking about that.
Canada's ports are vital hubs in our country, in our supply chains and in all aspects of the transportation system. They are a vital part for my home province of British Columbia and our port network, which contributes over 30% of Canada's economy.
The transportation system is in some way connected to the operations that happen at ports every day. Ports help grow our economy, create good jobs for Canadians, deliver goods and support Canada's growing export industry. When our port system works well, it plays a crucial role in helping keep life affordable for Canadians and stores full of consumer products.
There are 17 Canada port authorities that manage our country's most strategic ports. While these port authorities are federal entities, they operate at arm's length from the government in a commercially oriented and financially self-sustaining manner. They also fulfill important public policy objectives, such as supporting national economic development and performing many regulatory functions relating to safety and environmental protection.
An independent board of directors is responsible for managing port activities. This includes ensuring that port planning and operations are made firmly within the public interests, meaning that the projects they embark upon and the decisions they make help ensure affordability for Canadians. Port authorities provide port facilities and offer services to port users; acting as landlords, they lease out port operations to private terminal operators.
For over 20 years, this governance model has served Canada well. It has provided Canadians with world-class services while ensuring that capacity grew in support of Canada's economy in a gradual and financially sustainable manner.
Ports are key gateways in the transportation system, and Canadians rely on them to get the goods they use and consume, as well as to get their products to domestic and international markets. However, as inflationary pressures strain Canadian pocketbooks and make life more expensive, Canadian companies and transportation industry stakeholders are concerned about the rising costs to move goods and do business, including fees that are charged by service providers, such as ports, as well as lease arrangements for the operation of terminals.
As Canada port authorities are part of the federal family and manage key public assets, there are opportunities to improve, to strengthen the governance framework, to make these entities more transparent in their operations and decision-making, and to make sure port users have a voice. Ports need to modernize approaches to enable them to thrive in an increasingly complex environment and be able to align their national mandate with local realities.
As we know, our government tabled Bill C-33, the strengthening the port system and railway safety in Canada act. This would amend the Canada Marine Act, among other acts, to promote transparency in port planning and operations and to position the ports for success well into the future.
The Canada Marine Act amendments in Bill C-52 would provide a framework to reinforce port authorities' due diligence and foster more responsible planning and decision-making, building on the reporting and transparency measures put forward in Bill C-33. Enhancing public engagement, accountability and oversight is a key objective at the core of the government's approach to ensuring greater transparency at Canada port authorities.
It is with this perspective that Bill C-52's reforms to the Canada Marine Act would establish new processes focusing on port fee setting and establishing recourse mechanisms for those impacted by port decisions. These new measures would build on what already exists under the Canada Marine Act and expand the provisions to foster greater accountability and consistency in the marine sector.
The first proposal in the bill aims to establish a modernized framework to govern how the port fees are developed and implemented, and establish a complaint process. There is a need to ensure a stronger connection for port users, and for Canadians more generally, on how a port sets a fee. Just as important, when there is a concern about how fees are set and charged, that a process is in place for raising a complaint.
Amendments would establish fee-setting principles to provide port users and stakeholders greater clarity and better understanding of how port fees are set, which would support a consistent and standardized approach across all Canada port authorities. Some stakeholders have raised concerns about a lack of clarity when it comes to how port fees are established and this provision would directly solve the problem.
While I understand there may be some initial concern about how this standardization could impact the ability of ports to continue to pursue transportation infrastructure projects off port lands or even to advance community-based initiatives that are vital to helping ports be good neighbours to the communities in which they operate, I am confident that the measures I am bringing forward for the consideration of members today are sufficiently broad so as to enable ports to fix their fees and spend some of the revenues on these types of initiatives. It is not the intention of this government to constraint the ability of the ports to do the work they do for our country's trade and economy; it is about principles of fairness, transparency and accountability.
The port authorities would need to adhere to these principles, as well as an explicit methodology established and published by the port authority, when setting their fees. To support the capacity of ports to generate revenues, the principles would require that port fees be set at levels that allow the authority to operate on a self-sustaining financial basis and be fair and reasonable.
In addition to the new fee-setting principles, an associated public notice requirement would be established that would provide a formal public consultation process for any port user or stakeholder to raise concerns with a port authority. This would ensure their views are acknowledged in the entire process and provide greater accountability for fee-setting decisions made by port authorities.
In addition, the bill would establish a process where people who made written representations during the consultation process may file a complaint with the Canadian Transportation Agency if they believe a port authority did not comply with the fee-setting principles or the public notice requirements. If the complaint is well founded, the proposed amendments would then enable the agency to order a Canada port authority to cancel the establishment or revision of the fee in question, reinstate the previous fee, provide refunds, reconsider the fee or take any other measure it would consider appropriate. This would help ensure that corrective measures are in place to respond to complaints when necessary.
This will reinforce the rigour and integrity of how fees are set by Canada port authorities. It will maintain the key principle of financial self-sufficiency for port authorities and their ability to generate revenues needed for future developments and investments that support port operations, including those outside the ports, while reinforcing their need to be responsive to users and transparent in the conduct of their activities.
The proposed approach to fee setting is not new for transportation services providers. It is consistent and aligns with the processes already established for pilotage authorities and Nav Canada, which are two entities that also have significant transportation public policy goals in the government's portfolio. The processes have provided both the entities and their users with more clarity in how fee-setting decisions are made as well as clear grounds for objections.
The second proposal in Bill C-52 would enable the government to make regulations establishing an alternative dispute resolution process for lease disputes that might arise between a port authority and port user with respect to leases for the operation of terminals at ports. This would help build fairness and transparency into the relationships shared by ports and their tenants. This may include a role for the Canadian Transportation Agency to administer and oversee the processes.
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- Nov/21/23 3:02:23 p.m.
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Mr. Speaker, as my colleague knows full well, since the media crisis began in Canada, our government has been engaged in introducing tax credits, among other things, and launching new programs, which we will continue to do.
We have now given the CRTC all the tools it needs to adapt the regulatory framework to today's reality, and especially to ensure that web giants pay their fair share and participate in the success of our Canadian businesses and of our Canadian creators. We will continue to work in partnership with everyone in the media industry.
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- Nov/21/23 3:03:48 p.m.
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Mr. Speaker, I thank my colleague for the question and for the fact that, unlike the Conservatives, the Bloc has contributed to ensuring that we get through the process to adopt the Online News Act, but also to modernize the framework of the Online Streaming Act.
The Canadian Radio-television and Telecommunications Commission is now ready to begin implementing this new regulatory framework. We will see the results in the coming months and years.
One thing is certain: Unlike the Conservatives, we have always been there to support our creators and our artists. We will continue to do so.
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Mr. Speaker, I will be splitting my time with the hon. member for Kelowna—Lake Country.
Today, I stand to discuss Bill C-52, a piece of legislation that, at its core, aims to address the complexities and inefficiencies plaguing our air transportation system. This bill, introduced in the final hours of the spring session, came on the heels of what can only be described as a disastrous period for Canadian air travel: a summer and a Christmas season marked by unprecedented disruptions and dissatisfaction among air travellers.
While the introduction of Bill C-52 appears to be a step toward rectifying these issues, we must critically assess whether this legislation as it currently stands truly holds the potential to bring about meaningful change. The bill proposes to set service standards for entities within the air travel sector and enforce stricter regulations. However, it is important that we look at the details of this bill, or the lack thereof.
It is clear that the government is attempting to show action, yet we have to ask ourselves this: Is this action substantial, or is it merely a facade? The backlog of complaints at the Canadian Transportation Agency, or CTA for short, is a glaring issue, ballooning to over 60,000 complaints, with passengers waiting over 18 months for resolutions. This bill, however, would not address this critical problem. It would fail to set explicit service standards for the CTA, leaving thousands of Canadians without a timely solution to their grievances. Moreover, the manner in which industry service standards would be defined raises concerns. The bill would leave much of this to future regulations and consultations, which could potentially result in standards that favour the industry and the Liberal government rather than passengers. The lack of clarity about which entities would be covered by this bill and the exclusion of key players such as the Canada Border Services Agency only add to the uncertainty.
The power that the bill would vest in the minister and cabinet to develop future regulations is troubling. It suggests a hesitance to take decisive action now and, instead, a preference to leave critical decisions for later. This approach does not inspire confidence that the issues at hand would be resolved promptly or effectively by the current Liberal government. We must question whether Bill C-52 would be the robust solution that Canadian air travellers desperately need.
The introduction of Bill C-52 serves as a response to the air travel blunders under the current Liberal government, but the contents of the bill lead to more questions than answers. First, let us consider the backdrop against which this bill has been presented.
We witnessed not just one, but two travel seasons of chaos. Passengers across the country faced cancellations, delays and a customer service nightmare. The response is this bill, which seems more focused on regulatory processes than on delivering immediate relief to the Canadian traveller. While the bill proposes standards for services and operations in our airports, these standards are left undefined, to be shaped by future regulations. This vagueness would do little to instill confidence in a swift resolution to the problems at hand. The bill gives the impression of action; however, in reality, it would defer the most critical decisions, leaving travellers uncertain about when and how improvements would materialize.
The issue of the backlog in complaint resolution is particularly shocking. Thousands of Canadians are currently stranded in a bureaucratic limbo, awaiting responses to their grievances. Bill C-52 offers no concrete solution to expedite these processes. The situation is unacceptable, and it is a glaring omission in a bill that proposes to enhance transparency and accountability in our transportation system.
Furthermore, the bill's approach to addressing the broader aspects of air travel, such as the inclusion of diversity, reporting and climate change action plans, while noble in intent, seems to detract from the urgency of solving the immediate operational challenges. It is important to note the irony in the Liberal government's demanding action plans on climate change from airport authorities, when its own strategy has been riddled with inconsistencies and shortcomings, such as the recent exemption from the carbon tax for Atlantic Canadians.
When we turn to the specifics of the bill's provisions on service standards, we find ourselves confronting ambiguity once again. The absence of clear, defined standards raises concerns about the effectiveness of any future regulations. How can we ensure that the standards, once set, would genuinely benefit passengers, not just the industry?
Another point of contention is the bill's exclusion of certain key entities, notably the Canada Border Services Agency. The role of the CBSA in the smooth functioning of our airports is undeniable, and its exclusion from the scope of this bill is both puzzling and concerning. The extensive powers granted to the minister and cabinet to develop future regulations also merit scrutiny.
While it is understandable that a degree of flexibility is necessary in regulatory matters, the extent of discretion afforded here is worrisome. It suggests a reluctance to establish firm, decisive policies within the legislation itself. Instead, a wait-and-see approach that delegates critical decisions to future regulatory processes is opted for.
In light of these issues, the characterization of Bill C-52 as a toothless piece of legislation is not without merit. The bill seems to lack the specific actionable provisions needed to address the immediate challenges facing our air transportation system. The Canadian public deserves more than just a promise of future regulations. Canadians need tangible, impactful changes now.
As we proceed with this discussion, it is vital that we focus on what truly matters: the experience and rights of Canadian air travellers. Our evaluation of this bill must be grounded in a commitment to ensuring that their needs are met, their rights are protected and their voices are heard.
As we discuss Bill C-52 today, we must recognize that while legislative intent is a starting point, tangible outcomes are what truly matter. Having endured significant disruptions in air travel, the Canadian public deserves more than just promises for future action. It needs immediate effective solutions that address the core issues impacting travel experiences.
Conservatives remain committed to advocating for a robust, responsive air travel system that upholds the rights and needs of passengers. We believe in a framework that holds all federally regulated entities accountable, ensuring that they bear the financial responsibility for delays or cancellations. This includes airlines, airports and several other federally regulated organizations and entities involved in the air transportation sector.
While Bill C-52 takes a step toward addressing some aspects of our air transportation system, it falls short in delivering the comprehensive reform needed. Its lack of specific service standards, exclusion of key entities and overreliance on future regulations leave much to be desired.
As representatives of the Canadian people, it is our duty to ensure that any legislation passed by the House truly serves the best interests of our nation. We will continue to push for a more definitive and effective approach to resolving the challenges in our air transportation system. We owe it to the Canadian public to get that right.
I look forward to taking questions in response to my comments on this bill.
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Mr. Speaker, it is always a privilege to rise on behalf of the residents of Kelowna—Lake Country.
Today, I rise to speak to the government's legislation, Bill C-52, enhancing transparency and accountability in the transportation system act. The bill was initially introduced by the former minister of transport. Bill C-52 has far-reaching implications for Canada's transportation system, and as the official opposition, it is our duty to ensure it will truly meet the serious and ongoing concerns many Canadians have within the transportation sector.
The bill proposes to set publicly reported service standards for private sector companies and government agencies responsible for air travel at Canada's airports almost exclusively through regulations, which would be created by the minister and the cabinet.
Furthermore, it proposes to require airport authorities to formalize noise consultation processes and environmental standards, and to publish information on their directors and senior management. Finally, Bill C-52 aims to amend the Canada Marine Act regarding the setting of fees by Canadian port authorities.
First and foremost, the timing of the bill's introduction raises concerns. Bill C-52 was presented on June 20, just one day before the House recessed for the summer. That raises questions about the government's motivations and intentions. It is essential to consider whether the timing was chosen to deflect attention from previous travel-related crises and to create an impression of swift action.
Between the summers of 2022 and 2023, Canadian travellers faced a disastrous travel season with numerous flight cancellations and unacceptable delays. Previous to that was the disastrous mismanagement of passports that affected travellers, but that is a whole other issue. In particular, the Christmas travel season last year brought further chaos and frustration in airports. Those events highlighted the need for significant improvements in our transportation system.
However, the Liberals are focusing on announcements and consultations rather than delivering tangible results for Canadian travellers. What is their solution? It is to empower themselves further.
One of the most pressing issues within our transportation system is the backlog of complaints with the Canadian Transportation Agency, the CTA. This backlog has grown by 3,000 complaints per month and has resulted in a staggering 60,000 complaints now waiting to be adjudicated.
That backlog represents thousands of Canadian passengers who had their travel experiences disrupted or delayed, or had some form of service situation, and all those people are awaiting resolutions. Those passengers have been unable to resolve their compensation claims with airlines, and they have now been asked to wait over 18 months to have their complaints considered by the Canadian Transportation Agency.
This adds insult to injury and prolongs what could be serious problems. People are out-of-pocket, and airlines are not being held accountable for mismanagement and poor service.
Most recently, we heard damning reports of Air Canada's and WestJet's treatment of passengers with disabilities. For Air Canada, in one case in May, two employees, instead of being trained on the proper equipment, attempted to physically lift a passenger but ended up dropping him. In another report, a woman's ventilator was disconnected and a lift fell on her head. A man was forced to physically drag himself off a flight in Vancouver. Air Canada admitted it had violated federal accessibility regulations.
We heard that those passengers got notice, forgiveness and, hopefully, amends to which they are entitled, and Air Canada said it would be looking to ensure proper compliance. I am looking forward to ensuring that Air Canada's CEO will be appearing before the human resources committee I serve on, as we have called for him to testify and to explain to Canadians exactly how this airline intends to comply.
The latest example was from WestJet where a paralympian was forced to lift herself up the stairs to the plane. It was reported that she commented that she was frustrated and humiliated, and there was a ramp within 50 metres.
All those situations are disturbing, disappointing and unacceptable for persons with disabilities to have gone through. Unfortunately, Bill C-52, which we are debating here today, does not provide solutions to eliminate the complaints backlog or set specific service standards within accountability mechanisms.
Federally regulated entities involved in air travel must also be held accountable for delays or cancellations. They include airlines, airports, the Canadian Air Transport Security Authority, Nav Canada and the Canada Border Services Agency. However, this legislation falls short of those expectations.
While the bill addresses some aspects of accountability and transparency, it fails to hold all relevant entities responsible for ensuring smooth and reliable air travel. A comprehensive approach to accountability should encompass all stakeholders involved in the travel experience. One of the significant concerns with Bill C-52 is the concentration of power in the hands of the minister and the cabinet to develop regulations in the future.
While regulatory flexibility can be useful, this bill does not include concrete improvements in legislation. We see this often with the Liberal government, where so much is left to regulation, which leads to uncertainty and lack of transparency. We saw this with the Internet censorship bill, Bill C-11, and with the disability benefits bill. Instead, this legislation relies on promises of future regulations, which raise concerns about vagueness and the potential for arbitrary decision-making. It is not even a band-aid. It is an IOU for a band-aid.
In a matter as critical as transportation where there is essential service provided, and the comfort and convenience of the Canadian people are at stake, it is crucial that regulations are well defined and not left to the discretion of the government and the minister of the day. The lack of this clear direction with specific remedies in this bill to address the long-standing problems in our transportation system is a significant shortcoming. While the bill aspires to enhance transparency and accountability in the transportation system, it fails to deliver. It fails to provide the concrete solutions to the issues that have been plaguing the system for years. As for the results and who will be held accountable, there are no answers in this legislation.
We need legislation that not only identifies problems but also provides tangible solutions. It is our responsibility as legislators to ensure that any legislation passed is effective and beneficial to the Canadian people. Bill C-52, as it stands, is lacking.
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