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Canada tightens airport and port accountability

Full Title: An Act to enact the Air Transportation Accountability Act and to amend the Canada Transportation Act and the Canada Marine Act

Summary#

This bill creates new rules to make Canada’s air and marine transportation systems more transparent and accountable. It enacts the Air Transportation Accountability Act, amends the Canada Transportation Act to improve accessibility data and complaints, and updates the Canada Marine Act to set clearer rules for port fees and dispute resolution. Most provisions take effect the sixth month after Royal Assent; some begin later by order of the Governor in Council, and one repeal takes effect on the 10th anniversary of Royal Assent (Coming into Force).

  • Requires larger airports to form noise management committees, give public notice and hold consultations on flight path changes, and allows complaints to the Canadian Transportation Agency (CTA) with decision deadlines (Part 1, Aircraft Noise Consultations).
  • Lets the government make regulations for flight service standards and public reporting, and require information from airports, airlines, and service providers, with confidentiality safeguards (Part 1, Information; Regulations — service standards).
  • Requires major airport authorities to publish 5‑year climate mitigation and adaptation plans, and to report diversity among directors and senior management (Part 1, Climate Change Plans; Diversity).
  • Expands authority to collect and publish accessibility information and to set a complaints process for persons with disabilities (Part 2, Canada Transportation Act amendments).
  • Adds principles for port fees, a notice-and-complaint process overseen by the CTA, potential refunds, and enables alternative dispute resolution for certain terminal lease disputes (Part 3, Canada Marine Act amendments).

What it means for you#

  • Households

    • If you live or work near a busy airport, the airport must have a noise management committee that meets at least 4 times a year and allows public participation (Part 1, Noise Management Committee — Meetings).
    • For temporary flight path changes below 8,000 feet over residential areas, you must get at least 60 days’ notice; if the end date is delayed, a new notice is due at least 14 days before the earlier end date (Temporary Alterations — Notice). Safety or security changes are exempt from advance notice, but notice must be published as soon as feasible (Temporary Alterations — Non-application — safety or security).
    • You can complain to the CTA about temporary-change notices within 30 days of implementation; the CTA must decide within 60 days, extendable by 30 days (Temporary Alterations — Complaint; Orders of Agency; Time limit).
    • For permanent airspace or flight path changes below 8,000 feet, there must be a public consultation with at least 30 days’ advance notice; after a summary is published, implementation requires 60 days’ notice (Permanent Alterations — Notice of consultation; Consultation session; Notice of implementation). If you file a complaint before the proposed implementation date, the change cannot proceed until the CTA decides (Permanent Alterations — Prohibition; Orders; 60‑day decision timeline).
    • As an air traveler, you may see published service standards and results for flights and related services if regulations are made (Part 1, Regulations — service standards; Publication requirements). Timing depends on future regulations.
    • Travelers with disabilities may see more accessibility information published and a standardized complaints process set by regulation (Part 2, Regulations — accessibility; Publication — accessibility).
  • Workers

    • Airport authority staff at very large airports (≥4,000,000 annual passengers) must prepare and publish 5‑year climate plans and adaptation plans, consistent with recognized international standards, and publish within 3 months after the year of preparation (Part 1, Climate Change Plans; Development; Publication).
    • Senior leadership at airport authorities will be subject to annual diversity disclosure (Diversity — Annual report).
  • Businesses

    • Airport operators, air carriers, and entities providing flight-related services must provide information to the Minister on request; confidential handling rules apply (Part 1, Information Provided to Minister — Obligation; Confidentiality).
    • Airport operators must ensure third-party service providers comply with the Act when providing services on their behalf (Part 1, Services provided on behalf of airport operator).
    • Entities face administrative monetary penalties up to $5,000 (individuals) or $250,000 (entities) per violation; each day can count as a separate violation if designated (Part 1, Administrative Monetary Penalties — Penalty; Continuing violation).
    • Port users will receive clearer notice of new or revised port fees and may file complaints to the CTA within 30 days after a decision is published; if the port skips notice, anyone may complain within 60 days of the fee taking effect (Part 3, Canada Marine Act — Notice; Complaints).
    • If a port fee is found not to meet principles (fair, reasonable, linked to financial needs) or process requirements, the CTA can order cancellation, reinstatement of prior fees, and refunds or credits to users (Part 3, Decision and orders; Refund; Principles).
    • Users and port authorities may have access to alternative dispute resolution for certain terminal lease disputes, subject to regulations (Part 3, Regulations — Alternative Dispute Resolution).
  • Local governments

    • Local or municipal government gets at least one seat on each airport’s noise management committee (Part 1, Noise Management Committee — Composition).
  • Timing

    • Most provisions take effect the sixth month after Royal Assent; some begin on dates set by the Governor in Council; one repeal takes effect 10 years after Royal Assent (Coming into Force).

Expenses#

  • Estimated net cost: Data unavailable.

  • Fiscal note or official costing: Data unavailable.

  • Explicit appropriations in bill text: None identified.

  • Revenue/fees:

    • CTA may set fees/rules for administration or enforcement under the Air Transportation Accountability Act and the Canada Marine Act; amounts not specified (Part 1, Fees and charges; Part 3, Fees).
    • Administrative monetary penalties are authorized up to $5,000 (individual) and $250,000 (entity) per violation; totals for series/classes to be set by regulation (Part 1, Administrative Monetary Penalties — Penalty; Penalty — series or class). Amounts collected are public money (Certificate — Amounts received deemed public moneys).
  • Mandates that may create compliance costs (unfunded in the bill):

    • Noise committees, notice/consultation processes, and complaint handling (Part 1, Aircraft Noise Consultations).
    • Diversity reporting; climate mitigation and adaptation plans for large airports (Part 1, Diversity; Climate Change Plans).
    • Data provision to the Minister/CTA and potential service standard reporting (Part 1, Information; Regulations — service standards).
    • Port fee notice/decision processes and potential refunds (Part 3, Canada Marine Act amendments).

Proponents' View#

  • Improves community input on aircraft noise through required committees, advance notices (30/60 days), public consultations, and a fast CTA decision timeline (60 days, extendable by 30) (Part 1, Noise Management Committee; Temporary Alterations — Notice; Permanent Alterations — Notice; Orders of Agency).
  • Enables clear service standards for flights and related services and public reporting on compliance, with alternative dispute resolution to resolve disagreements (Part 1, Regulations — service standards; Publication; ADR).
  • Increases accountability on climate and resilience at major airports via mandated 5‑year emissions targets, actions, and adaptation plans developed to international standards and published on a set timeline (Part 1, Climate Change Plans; Development; Publication).
  • Improves transparency on governance by requiring annual diversity reporting for airport authority boards and senior management (Part 1, Diversity — Annual report).
  • Strengthens accessibility by authorizing collection and publication of accessibility information and a regulated complaints process for persons with disabilities (Part 2, Regulations — accessibility; Publication — accessibility).
  • Protects port users with fee-setting principles, robust notice-and-reasons requirements, and a CTA complaint process that can order cancellations and refunds if fees are unfair or not properly adopted (Part 3, Principles; Decision; Complaints; Decision and orders).

Opponents' View#

  • Adds administrative burden and potential delays: permanent flight path changes cannot proceed if a complaint is filed before the implementation date until the CTA decides, which could slow needed operational changes (Part 1, Permanent Alterations — Prohibition; Orders of Agency). Safety/security exceptions exist but are narrow.
  • Creates compliance and reporting costs (noise processes, climate plans, diversity reporting, service standard reporting) that may be passed on through airport or port fees; the bill does not cap such pass-throughs (Part 1, Climate/Diversity/Service Standards; Part 3, Fees). Data unavailable on cost magnitude.
  • Risk of overlapping processes with existing airspace consultation practices (e.g., NAV CANADA) and existing CTA roles, which could duplicate efforts and confuse accountability. Assumption noted; the bill does not map integration (Part 1, Noise Management Committee — Composition includes NAV CANADA, but roles may still overlap).
  • CTA capacity constraints could lead to backlogs despite 60‑day decision targets, affecting both communities and operators; the bill sets timelines but provides no resources in the text (Part 1, Orders of Agency — Time limit). Data unavailable on resourcing.
  • Broad information requests to airports, airlines, and service providers may raise confidentiality and competitive concerns despite safeguards, and increase regulatory risk (Part 1, Information Provided to Minister — Obligation; Confidentiality).
  • Port fee constraints (no revenues beyond “existing and future financial requirements”) could limit long-term investment flexibility or credit metrics if projections are disputed, and disputes/ADRs may add time and cost (Part 3, Principles; Financial requirements; Regulations — Alternative Dispute Resolution).

Timeline

Jun 20, 2023 • House

First reading

Nov 21, 2023 • House

Second reading

Infrastructure
Trade and Commerce
Climate and Environment
Social Issues