21. PIC - Enhancing Transparency and Accountability in the Transportation System Act

LOCATION: National

ISSUE/SOURCE: Bill C-52

DATE: May 2024

SUGGESTED RESPONSES

Transport Canada is taking action with proposed legislation to: improve accountability in Canada’s air sector, strengthen accessible transportation performance monitoring, and provide greater transparency on fee setting at Canada Port Authorities.
For the air sector, new measures would also provide Transport Canada with the authority to establish a regulatory framework for airports with a primary focus on noise consultations, climate change planning, and diversity.
They would also enhance transparency and accountability by requiring air transport participants to work together to establish service standards and report on these publicly.

Canadians deserve a transportation system that is efficient, accessible, transparent, and accountable. Challenges of the past few years have demonstrated a need for greater accountability in key areas of the transportation system, including accessibility for persons with disabilities.
The proposed changes would meaningfully improve Canada’s transportation sector and enhance the passenger journey, supporting a more accountable, transparent, and accessible national transportation system that meets the needs of the sector and of passengers.

Bill C-52, the proposed Enhancing Transparency and Accountability in the Transportation System Act, was introduced on June 20, 2023, and includes three parts:
Part 1 enacts a new Air Transportation Accountability Act to authorize the creation of regulations respecting service standards for air transport, and to establish an oversight framework for airports with a primary focus on noise consultations, climate change planning, and diversity.
Part 2 amends the Canada Transportation Act to establish through regulations: accessibility-related reporting standards and publishing requirements to strengthen accessibility performance monitoring, and a requirement for service providers within the federal transportation system to introduce a process for dealing with accessibility complaints and accommodation requests made by persons with disabilities.
Part 3 amends the Canada Marine Act to provide greater transparency on how Canada Port Authorities set their fees and establish a fee-related complaints process with respect to new or revised port fees.
Bill C-52 was debated at second reading on October 27 and November 21, 2023. Debate has not concluded.

Bill C-52 aims to improve transparency and accountability in three areas of the federal transportation network.

Key measures would include:

Service standards and public reporting: permit the creation of regulations that would require service providers like airlines and airports to set service standards for different parts of the passenger journey. The regulations would also require operators to publish performance results against these standards. Examples could include how long it should typically take for a bag to arrive on the carousel, or the expected wait time to enter security screening.
Canada’s international obligations: authorize the Minister of Transport to issue a written direction to an airport operator to take any measures considered necessary to meet Canada’s international obligations in respect of aeronautics.
Information requirements: authorize the Minister of Transport to require airports and other operators to provide information to the Minister, where needed, to inform strategic decision-making.
Noise consultation: formalize a noise consultation process, outlining a public notice and consultation process where airspace changes would be considered.
Environmental obligations: require airport authorities to develop and publish climate change mitigation and adaptation action plans, including a greenhouse gas emission reduction target.
Diversity: require federally incorporated airport authorities to publish information on diversity among their directors and members of senior management.

Key measures would include:

Accessibility reporting and publishing: create reporting standards for accessibility data that could include data on accessibility-related complaints and accommodation requests, and create an approach to identify, remove and prevent barriers to accessibility. Would also allow the Minister of Transport and the Canadian Transportation Agency to publish accessibility data.
Complaints: create a requirement for service providers within the federal transportation system (e.g., airlines, ferries that cross provincial or international borders) to introduce a process for dealing with accessibility complaints and accommodation requests made by persons with disabilities.

Key measures would include:

Rate-setting: require that Canada Port Authorities follow certain principles when establishing and changing fees.
Complaint process: create a process, to be administered by the Canadian Transportation Agency, for port users and stakeholders to file a complaint respecting a new or revised port fee.
Alternative dispute resolution: regulation-making authority to develop an alternative dispute resolution process for disputes arising in respect of a lease relating to the operation of a terminal.
Cost recovery: allow the Canadian Transportation Agency to make rules for fees and recover the costs to administer and enforce rate setting and dispute resolution provisions.