MINUTES OF PROCEEDINGS

Meeting No. 42

Tuesday, December 4, 2001

The Standing Committee on Transport and Government Operations met at 3:39 p.m. this day, in Room 701 La Promenade, the Chair, Ovid Jackson presiding.

Members of the Committee present: Reg Alcock, John Cannis, Joe Comuzzi, Bev Desjarlais, André Harvey, Ovid Jackson, Mario Laframboise, Val Meredith, Marcel Proulx, Alex Shepherd, Paul Szabo.

In attendance: From the Library of Parliament: John Christopher; June Dewetering, Researchers. From the Legislative Branch of the Committees Directorate: Philippe Méla, Legislative Clerk; William Farrell, Procedural Clerk.

Witnesses: From the Privacy Commissioner of Canada: George Radwanski, Privacy Commissioner of Canada. From Transport Canada: John A. Read, Director General, Transport Dangerous Goods; William J.S. Elliott, Assistant Deputy Minister, Safety and Security Group; Sherill Besser, Senior Counsel, Legal Services.

The Committee resumed it study of Bill C-44, An Act to amend the Aeronautics Act.  (See Minutes of Proceedings, Tuesday, December 4, 2001, Meeting No. 41)

George Radwanski made an opening statement and answered questions.

André Harvey moved: - That the Committee proceed to clause by clause consideration of Bill C-44.

And debate arose thereon, the question being put, it was agreed to by a show of hands: YEAS: 4 NAYS 3

On Clause 1,

André Harvey moved: - That Bill C-44, in Clause 1, be amended by replacing line 19 on page 1 with the following:

Restriction - government institutions

(2) No information provided under subsection (1) to a competent authority in a foreign state may be collected from that foreign state by a government institution, within the meaning of section 3 of the Privacy Act, unless it is collected for the purpose of protecting national security or public safety or for the purpose of defence, and any such information collected by the government institution may be used or disclosed by it only for one or more of those purposes.

Regulations

(3) The Governor in Council may make

William J.S. Elliott, John Read and Sherill Besser answered questions.

After debate, the question being put on the amendment it was carried.

Bev Desjarlais moved: - That Bill C-44, in Clause 1, be amended by adding after line 25 on page 1: 

1. (1) For purposes of section 4.83 of the Act and subject to subsection (2), the information in Schedules I and II may be provided to a foreign state set out in Schedule III.

(2) The information in Schedule II may only be provided upon request by the competent authority of that state.

Schedule I

(Section 1)

1. The surname, first name and initial or initials, if any, of each passenger or crew member.

2. The date of birth of each passenger or crew member.

3. The citizenship or nationality, or failing either of these, the country that issued travel documents for the flight, of each passenger or crew member.

4. The gender of each passenger or crew member.

5. The passport number or, if the person does not have a passport, the number on the travel document that identifies the person, of each passenger or crew member.

Schedule II

(Section 1)

1. The date on which the passenger name record was created

2. A notation that the passenger arrived at the departure gate with a ticket but without a reservation for the flight.

3. The names of the travel agency and travel agent that made the travel arrangements.

4. The date on which the passenger’s ticket for the flight was issued.

5. A notation that the passenger exchanged their ticket for the flight.

6. The date, if any, by which the ticket for the flight had to be paid to avoid cancellation of the reservation, or the date, if any, on which the request for a reservation was queued from the operator of the aircraft to the ticketing office.

7. The number assigned to the passenger’s ticket for the flight.

8. A notation that the passenger’s ticket for the flight is a one-way ticket.

9. A notation that the passenger’s ticket for the flight is a ticket that is valid for one year and that is issued for travel between specified points with no dates or flight numbers assigned.

10. The city or country in which the travel included in the passenger name record begins.

11. The itinerary cities, being all points where the passenger will embark or disembark.

12. The name of the operator of the aircraft.

13. The name of the operator of the aircraft over whose air routes all other segments of travel included in the passenger name record are undertaken, including, for any of those segments, the name of any operator of the aircraft other than the operator of the aircraft that issued a ticket.

14. The code of the operator of the aircraft and the identification number for the flight.

15. The destination in the foreign state, being the point of turnaround, or a stopover point where the stopover is longer than four hours if the final segment is domestic and 24 hours if the final segment is international.

16. The travel date for the flight.

17. Any seat assignment on the flight that was selected for the passenger prior to departure.

18. The number of pieces of baggage checked by the person to be carried in the belly of the aircraft on the flight.

19. The baggage tag numbers.

20. The class of service in respect of the flight.

21. Any stated seat request in respect of the flight.

22. The passenger name record number.

23. The phone numbers of the passenger and, if applicable, the phone number of the travel agency that made the travel arrangements.

24. The address of the passenger and, if applicable, of the travel agency that made the travel arrangements.

25. The manner in which the ticket was paid for.

26. A notation that the ticket was paid for by a person other than the passenger.

27. A notation that there are gaps in the itinerary included in the passenger name record that necessitate travel by an undetermined method.

28. Routing information in respect of the travel included in the passenger name record, being the departure and arrival points, codes of the operator of the aircraft, stops and surface segments.

29. A notation that the ticket is in electronic form and stored electronically in the reservation system of the operator of the aircraft.

Schedule III

(Section 1)

1. United States of America

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

After debate thereon, the result of the vote was announced: YEAS: 4; NAYS 4

Whereupon the Chair voted in the negative.

Accordingly, the amendment was negatived.

Clause 1, as amended, carried.

The Title carried.

The Bill carried.

ORDERED: - That the Chair report Bill C-44 with amendment to the House.

At, 5:07 p.m. the Committee adjourned until 7:00 p.m.

Paul Cardegna

Clerk of the Committee