Bill C-17: An Act to amend the Air Canada Public Participation Act

C-17 First Session, Forty-first Parliament, 60 Elizabeth II, 2011 HOUSE OF COMMONS OF CANADA BILL C-17 An Act to amend the Air Canada Public Participation Act first reading, October 17, 2011 MINISTER OF TRANSPORT, INFRASTRUCTURE AND COMMUNITIES AND MINISTER OF THE ECONOMIC DEVELOPMENT AGENCY OF CANADA FOR THE REGIONS OF QUEBEC 90626 SUMMARY This enactment (a) extends the application of Parts IV, IX and X of the Official Languages Act to designated air carriers under contract with Air Canada; (b) deems the articles of ACE Aviation Holdings Inc. to include provisions respecting the location of its head office and the right of persons to communicate with that corporation in either official language; and (c) exempts Air Canada from the application of section 25 of the Official Languages Act with respect to air services provided or made available by air carriers with which it has only code-sharing arrangements. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 1st Session, 41st Parliament, 60 Elizabeth II, 2011 house of commons of canada BILL C-17 An Act to amend the Air Canada Public Participation Act Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Air Canada and Its Associates Act. R.S., c. 35 (4th Supp.) AIR CANADA PUBLIC PARTICIPATION ACT 2. The Air Canada Public Participation Act is amended by adding the following after section 10: Exception — code-sharing 10.01 Despite subsection 10(1), section 25 of the Official Languages Act does not apply to the Corporation with respect to air services if (a) the air services are provided or made available by another entity under both the entity’s air carrier code and the Corporation’s air carrier code; and (b) that other entity is not designated under subsection 10.02(2). Official Languages Act — designated entities 10.02 (1) Parts IV, IX and X of the Official Languages Act apply to any entity that is designated under subsection (2) in respect of air services provided or made available by the entity under an agreement with the Corporation. Designation (2) For the purpose of subsection (1), the Governor in Council may, by order made on the recommendation of the Minister of Transport, designate one or more entities. Definitions 10.03 The following definitions apply in this section and in sections 10.01 and 10.02. “air service”« service aérien » “air service” has the same meaning as in subsection 55(1) of the Canada Transportation Act and includes incidental services. “customer”« client » “customer” means a passenger, shipper or consignee using or intending to use an air service. “incidental services”« services connexes » “incidental services” includes (a) ticketing and reservation services; (b) information, including notices and announcements, that an entity publishes or causes to be published to inform its custom-ers in respect of its routes or tariffs; (c) services provided or made available to customers at an airport, including the control of passengers embarking and disembarking aircraft, announcements directed at customers and counter services; and (d) services related to baggage or freight claims and client relations. “route”« trajet » “route” means a route on which an entity provides a two-way air service between the starting and finishing points of that service by a single conveyance, with or without intermediate stops. “shipper”« expéditeur » “shipper” has the same meaning as in section 6 of the Canada Transportation Act. 3. The Act is amended by adding the following after section 10.1: ACE AVIATION HOLDINGS INC. Articles deemed to contain provisions 10.2 The articles of ACE Aviation Holdings Inc., a body corporate incorporated on June 29, 2004 under the Canada Business Corporations Act, are deemed to contain (a) provisions requiring ACE Aviation Holdings Inc. to ensure that any member of the public can, in either official language, communicate with and obtain available services from (i) its head office, and (ii) any of its other offices or facilities where there is a significant demand for communications with and services from that office or facility in both official languages, having regard to the public served; and (b) provisions specifying that the head office of ACE Aviation Holdings Inc. is to be situated in the Greater Montreal area. Restriction on amendment 10.3 ACE Aviation Holdings Inc. and its shareholders and directors shall not (a) apply for continuance of ACE Aviation Holdings Inc. in another jurisdiction; or (b) make any articles or by-laws inconsistent with this Act or the provisions deemed to be contained in its articles by section 10.2. COMING INTO FORCE Order in council 4. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada Explanatory Notes Air Canada Public Participation Act Clause 2: New. Clause 3: New.