An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Lawrence Cannon  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Canada Marine Act to clarify and make technical changes to certain provisions. As well, the amendments
(a) modify the Act’s purpose;
(b) modify a port authority’s access to federal funding;
(c) add provisions regarding the power of a port authority to borrow money;
(d) provide additional regulatory powers to the Governor in Council;
(e) add provisions regarding port amalgamation;
(f) modify provisions regarding the appointment of directors of port authorities; and
(g) add a penalty scheme and streamline certain other enforcement provisions.
The amendments also include transitional provisions, corrections to other Acts and consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 6, 2008 Passed That the Bill be now read a third time and do pass.

Canada Marine ActGovernment Orders

December 4th, 2007 / 12:10 p.m.
See context

NDP

Olivia Chow NDP Trinity—Spadina, ON

I like warrior.

Canada Marine ActGovernment Orders

December 4th, 2007 / 12:10 p.m.
See context

Conservative

James Moore Conservative Port Moody—Westwood—Port Coquitlam, BC

There we go, Mr. Speaker.

I want to make a statement and invite a comment from my colleague from Trinity—Spadina with regard to the issue of our government's initiatives to amalgamate specifically the ports in the city of Vancouver. Her colleague from Vancouver East made a speech earlier. I did not get an opportunity to ask questions or make comments with regard to her speech, but I want to make a declarative statement.

I understand and appreciate the concerns that are raised by any member of the House, New Democrat or not, with regard to our efforts on port mergers, particularly in the city of Vancouver. We are conscious of the fact that people are concerned when the federal government eliminates the borrowing cap, for example, in the port of Vancouver and allows that port to expand. We are conscious of the fact that there are some concerns from local residents about the kind of growth that may appear.

We are conscious of that. For example, I have been to the great city of Baltimore, which is a fantastic city, but we do not want downtown Vancouver to end up looking like Baltimore, with massive cranes on the waterfront spoiling the beauty that we have in British Columbia. There is a reason why we put “Beautiful British Columbia” on our licence plates.

I would ask my colleague from Toronto to recognize and make sure that she knows, along with people from the city of Vancouver, that our government understands. We want to have balanced growth. We want to have effective growth. We want to recognize that we value our waterfront and its beauty, but we also want to seize the opportunity that exists, particularly in the Asia Pacific gateway. We have the opportunity to take advantage of our cultural history and a lineage that spreads not only to Europe but also to all the Asia Pacific countries. We can take real advantage of these opportunities, but also, we can do so while keeping in mind that we want to have growth on our waterfront that not only is economically viable but recognizes the importance of cities.

That is why we have put forward a process. We have put forward a dynamic on the new board of directors that will exist in Vancouver, one that we think takes into account all the stakeholder groups and concerns that exist, whether it is the folks working the Fraser River or in the port of Vancouver, community groups, the provincial government and business associations as well.

The member for Vancouver East raised the idea of having labour on the board, which is certainly something that should be considered and taken into account. We want to have the port of Vancouver become a leader in the world, not just in Canada, and take advantage of the real opportunities that exist, because we believe in creating Canadian jobs through world sales and doing so in a way that also recognizes the importance of keeping our waterfronts as beautiful as they are.

I invite my colleague to comment.

Canada Marine ActGovernment Orders

December 4th, 2007 / 12:10 p.m.
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NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, subsection 14(1) of the Canada Marine Act and section 4.6 of the letters patent reflect the promise of more community control and a fair collaborative framework, but what happens when a port authority is created is that the port authority has its own letters patent. What it says in its letters patent in regard to the board of directors in the case of Toronto, although I am not sure about Vancouver, is that it gives the minister the flexibility to nominate whatever people the minister wants.

Therefore, we have a law that says, yes, let us be collaborative and have more community control, but in actual practice that has not been the case whatsoever. There have been no consultations, no reporting to the community, no public meetings, no discussions and no newsletters. So what is happening is that there is a huge divide between the local community and council, especially in Toronto, and the Toronto Port Authority. It seems to me to have been designed in such a way that while it talks about the principles on the one hand, the actual implementation of it is completely contrary to local control.

Canada Marine ActGovernment Orders

December 4th, 2007 / 12:10 p.m.
See context

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I am pleased to speak to Bill C-23. I will be speaking to a number of points. In particular, I would like to speak about the funding, the regulatory process and the process of appointment to the board.

Before I get into that, I would like to talk about the port of Nanaimo. There has been much discussion in the House about the impact of ports on our local communities, how important the ports are to many communities from coast to coast to coast and also the need to ensure that there is some local decision making.

I have a document here called “The Economic Impact of the Port of Nanaimo”. It is dated May 2003. In order to give some sense of how important our local port is to the city of Nanaimo, I would like to quote from the document:

Port of Nanaimo businesses generate 3,700 direct jobs; $115 million in direct wages.

There are in excess of 10,000 total jobs nation-wide related to the Port of Nanaimo, after including multiplier (indirect and induced) impacts. These jobs generate $335 million in total wages.

In British Columbia, Port of Nanaimo businesses generate over $160 million in direct Gross Domestic Product (GDP) and over $410 million in direct economic output.

The total national economic impact of Port of Nanaimo (including indirect and induced impacts) is estimated at $500 million in GDP and over $1.1 billion in economic output.

DIRECT EMPLOYMENT is employment that can be attributed to the operation, management, and tenancy at the Port of Nanaimo including firms on-site at the Port and Port-dependent businesses off-site.

INDIRECT EMPLOYMENT is employment in goods and service supplier industries that results from the presence of the Port of Nanaimo's direct employers. An example of a Port of Nanaimo's indirect employment would be the supplier of machinery to value-added (manufacturing) tenants at the Port of Nanaimo.

As such, indirect employment is generated in industries that supply or provide services to Port of Nanaimo businesses.

Port of Nanaimo produces jobs!

That is a heading in the brochure. I have covered some of the numbers. It says:

An estimated 3,700 direct jobs are attributed to the Port of Nanaimo activities, or 2,800 direct person years of employment. These employment figures represent employment in two sectors related to the Port -- Port Operations and Port Land Users. Port Operations employers are those that provide facilities or services involved in maritime trade and shipping through the Port of Nanaimo. Port Land Users are firms that have strategically located at the Port because they require access to the Port to operate.

Some of those jobs include terminal, forestry, government, retail, food and beverage, aviation and ships services. Those are the on-site jobs. The off-site jobs include government, forestry, trucking, shipping, aviation, retail, food and beverage, ships services, tow rail, contracting and fisheries.

We can see the importance of ports in my community. Unless we think that ports are a recent innovation in the city of Nanaimo, I have some numbers here from the Assembly Wharf which falls under the port of Nanaimo. I will not go through the pages and pages of history of the port, but the Assembly Wharf, which is an important part of the Nanaimo downtown, was originally conceived in 1931.

In 1937 there was the completion of the first wharf with creosote pilings and wooden decking. It was mainly used for loading scows during the first couple of years. An overhead ramp was used for access around the coal wharf marshalling yard. In the early stages the wharf was 60 feet wide. It is known as A Berth. Anyone from Nanaimo will know about A Berth.

Over the years the Assembly Wharf continued to grow. In 1951 there was considerable federal money put into a wharf addition. In 1965 the third berth at the Assembly Wharf was completed. In 1974 there were 18 materials handling vehicles listed and a second steel warehouse of similar size was completed to accommodate newsprint. Later on, there were other mills, including the Harmac mill, which unfortunately is now in bankruptcy protection. Downtown Nanaimo was a thriving hub of shipping activity. Sadly, over the last number of years as various mills have closed down and of course as coal mining disappeared a number of years ago from the Nanaimo area, there have been some changes in what is happening at the wharf.

This bill partly attempts to address the funds that go into port authorities and the kinds of infrastructure that need to be considered.

Certainly when we talk about infrastructure in the port of Nanaimo, it is important that local municipal councils are included in any kind of decision making.

As a former municipal councillor, I was involved in land use decisions and rezoning. Often any kind of collaborative relationship between port authorities and municipal councils tends to be voluntary. Although certainly, as the member for Trinity—Spadina pointed out, there is language around collaborative frameworks and those kinds of things, the reality is it often does not happen.

In July 2005 the port of Nanaimo put out a press release regarding the Nanaimo Assembly Wharf lands because of some other development that was happening in downtown Nanaimo. Some concerns were raised around the Assembly Wharf lands. In the press release of July 22, 2005, it said:

With CIPA Lumber having left the Assembly Wharf site in 2003, the Port realizes that the Assembly Wharf is underutilized. The Port is currently in the process of working with a forestry consultant to determine what opportunities are available for additional cargo movement through the terminal as a result of the ongoing restructuring of the major companies in the forestry sector. In the same study, the Port will also review options regarding non-traditional cargo within the shipping and industry sectors served by the Port.

The Port is also engaged in a long-term strategic planning process to assess the Port's need for industrial land over the next 10 or 20 years. The future uses of the Assembly Wharf will be determined by consultation over the next few years with the City and other community stakeholders.

In the press release from the Port of Nanaimo there is an acknowledgement of the importance of working with the local council around land use planning, but it is not consistent. I would argue that across this nation of ours the local municipal authorities have to have substantial input into the use of those lands, or as has been pointed out by other members, perhaps they should be under the control of municipalities and cities. The importance around this cannot be understated. Many of our port authorities are in the downtown cores and are very visible.

In the city of Nanaimo, the downtown core surrounds land owned by the port authority. Any decisions made on the port authority directly impact on every other aspect in the downtown. Whether it is traffic flows, environmental considerations, other decisions around rezoning and land use, water, these all impact. Any decision made on the port authority impact on every other aspect of the local council. If those decisions are made in isolation, we often end up with unintended consequences.

West Coast Environmental Law in “The Green Infrastructure Guide” talks about issues, implementation strategies and success stories, but it points to the need for integrated planning and a green infrastructure approach. I want to talk about a couple of these things because they directly relate to the development that happens on port authority land. It states:

Taking a greener approach to infrastructure development not only mitigates the potential environmental impacts of development (e.g. improving stream health and reducing energy use) but makes economic sense as well, when all of the impacts of conventional development on “natural capital” and the services rendered by natural capital are taken into account. By softening the environmental footprint, avoiding waste and finding efficiencies, local governments can increase their long term sustainability.

It goes on to talk about the need for public debate on risks and choices:

Clear public policy choices need to be made vis-à-vis how limited financial resources should be allocated...and what sort of environmental impact will result from the community's infrastructure design.

In the past, ports were not always the most environmentally friendly places to operate. For example, some of the construction of the Assembly Wharf was creosote. Nowadays it is highly unlikely that creosote would be used in a marine environment because we know of its impacts.

If a community wants to tout itself as being environmentally sustainable and as having green infrastructure, it is very important that local municipal councils are integrated into the decision making process around what happens on port lands. Ports are far more conscious now than they have been in the past.

In my riding there has been a tremendous amount of discussion around cruise ship terminals. One of the areas of concern is that cruise ships need to be environmentally responsible for all of their outputs, whether it is the fuel they burn or the waste they dispose of. If a cruise ship terminal were to be considered for the city of Nanaimo, it would be important for the city to have some impact on any decisions around building it. There are pros and cons, but it is a good example of the importance of including municipal councils in the decision making process with regard to what happens on port lands.

The issue of security has also been raised. Many people feel that the security measures outlined in this piece of legislation are insufficient.

The Canadian Marine Act review which was done a couple of years ago made a number of recommendations. Unfortunately, not all of them are included in the current piece of legislation. Regarding security, observation 9 indicated that it is appropriate for the Government of Canada, rather than the marine transportation industry, to bear the expense of implementing national security measures.

In the current climate there is more and more concern around security measures at ports and ferry terminals. It would be incumbent upon the government to ensure that there is appropriate funding and oversight of security forces.

One of the pressure points is that some of our trading partners are anxious about the level of security at our ports and in other places in Canada. Given some of the events that have happened over the last several months, any security measures put in place should have some accountability. I want to highlight one instance that happened in August. I will quote from a letter from one of my constituents:

I respectfully request that you press for a full and public inquiry into the violation of our constitutional right to freedom of assembly by the actions of the Surete du Quebec officers, acting as agents provocateurs, during a peaceful protest at Montebello, Quebec on August 20, 2007.

On August 20th, 2007, I was in Montebello, Quebec working on a documentary entitled 'Trading Democracy for Corporate Rule' about the secretive Security Prosperity Partnership and North American Union. I was following a group of intelligent, peaceful and reasonable people including prominent Canadian patriot Maude Barlow when three masked undercover Surete de Quebec police officers carrying rocks approached the police line clearly intent on stirring up violence within an otherwise peaceful protest.

Since releasing this footage on Youtube I have subsequently discovered evidence within this footage that clearly shows one of these masked undercover officers striking a member of the riot squad in the face mask and then banging the large rock in his hand into the shield of another officer. This illegal assault was a clear act of incitement, violating section 63 of the Criminal Code of Canada and was a direct attack on the constitutionally guaranteed rights to peaceful assembly and security of the person for the people who were in attendance at this protest....

The Surete du Quebec claim that these undercover officers were given rocks by radicals. If this is the case then the security cameras which covered every inch of the protest site should reveal this. I shot three hours of footage at this protest and the only people I taped with rocks were these undercover officers.

He went on to say that the Canadian public has a right to know what evidence the security camera footage contains, who the other undercover officers were at this protest, and so on. He concluded by saying:

This incident at Montebello undermines the confidence of Canadian citizens in their police forces. I would like to know why a public inquiry has not been called to investigate these illegal covert activities on the part of the police? Does the government respect the Canadian constitution and if so when will it call for a full public inquiry into this outrageous attack against our constitutional rights?

The reason I raise this is in the past there have been some problems with marine port authorities regarding security. I think many of us support investment in security at port authorities, but it needs to be a system that is open, transparent and accountable.

While I am talking about openness, transparency and accountability, one of the things the port authorities currently are not subject to is any oversight by the Auditor General. We often hear discussion in the House about how federal government funds are spent, what kind of accountability and reporting process is in place and the transparency around all of this. I argue that this would be a good case to ask the Auditor General to have some oversight on, because federal money flows into these port authorities. It would help alleviate some of the criticisms about how money is allocated and spent.

I also want to talk briefly about the regulatory powers. There is a mechanism within the legislation to look at some regulatory powers. In the past there has been some discussion about establishing compulsory pilotage areas. One of the concerns that has been raised is the process currently does not mandate that pilots are included in establishing these compulsory pilotage areas. I think it would be a problem if port authorities had some say and pilots were excluded from the process. It is another failing in the bill.

As well, many people have talked about the process around board appointments. A couple of years back, the port authority in Nanaimo was down some board members. The process of appointing board members was long, slow and painful. If these boards have spending authority to oversee the healthy operation of a port, yet there is foot dragging in appointing board members, how boards can continue to function when they do not have the required number of board members?

In addition, in the current act before us there is no mechanism to ensure a local presence on these boards. More than anything, if we are talking about local accountability and integrating those port authorities into the communities, ensuring that land use decisions are made respecting the processes in communities, it would seem important to have either elected representatives from municipal councils present on these port authorities, or some other mechanism to ensure the local voice is at the table.

Again I come back to the whole piece around land use decisions. Because these ports have such a critical role in our neighbourhoods, it is very important that those local representatives have some sort of say in what happens in that land use for the local area.

In our community of Nanaimo, the port authority has done a really great job of ensuring that walkways have been developed in our communities. However, sometimes the other decisions have not always been done in conjunction with the local council.

Although there are some positive aspects of the bill, there are many gaps in what we feel a revision of this kind should have included, certainly in terms of the context of the fact that this marine review happened a number of years ago. The fact that the marine review, which had extensive consultation, did not come forward with a number of recommendations that would have made this act a much better act is a little disappointing.

Therefore, at this point in time we would look toward some amendments to make this a better bill.

Canada Marine ActGovernment Orders

December 4th, 2007 / 12:30 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I listened with great interest to my colleague from Nanaimo—Cowichan and her terrific presentation on the bill.

She raised the issue of civil rights. She has raised concerns, which have also been raised by the members for Vancouver East and Burnaby—Douglas, about how the government has acted with ports workers in a heavy-handed way. These people have lived all their lives working on the docks, contributing to our economy, yet they are being pushed aside, essentially, unless they can fill out onerous documentation, with every minute detail of their lives, which is then subject to some sort of approval process.

The International Longshoremen's and Warehousemen's Union is pushing back on this and is taking the government to court because these rules are so patently unfair.

She also raised the issue about Montebello and the use of undercover officers who carried rocks in what was clearly a peaceful demonstration.

Could she contrast the alacrity of the government with which it attacks civil rights, while at the same time, it has not dealt with the substantive issue, which is the fact that thousands of containers that come into Canada's ports from coast to coast to coast? We have the resources currently to only investigate 2% or 3% of them. Therefore, 97%, 98% of the container traffic coming in through Canada's ports is not inspected, which means we do not know what they contain. They may contain human beings for human trafficking. They may contain drugs. They may contain explosives. Who knows?

However, instead of dealing with that security issue, which is a substantive one and requires some investment of resources, the government chose to give billions of dollars away in corporate tax cuts. Now it is now attacking civil rights in a most egregious way, particularly for ports workers who have worked all their lives ensuring that Canada's cargo is unloaded and that Canada's trade is facilitated.

Canada Marine ActGovernment Orders

December 4th, 2007 / 12:30 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I want to thank my colleague for the great work he has done on the protection of rights for ports workers and on the Security and Prosperity Partnership agreement.

There is a challenge with this legislation. On the one hand, we have insufficient attention to the security measures that are required to keep our ports and the workers there safe. We know many of the port authorities simply do not have the kind of money that would be required to put in the oversight essential to ensure our ports operate safely. This has been one of the concerns that some of our international trading partners have raised.

One the other hand, we are subjecting port workers to a kind of scrutiny that most of us simply would not tolerate. We are attacking workers and putting all kinds of security measures in place, but we are disregarding the very necessary security measures to keep those very workers safe.

The bill needs a tremendous amount of work on appropriate security measures to ensure we can speak in confidence about the safety and security of our ports.

Canada Marine ActGovernment Orders

December 4th, 2007 / 12:35 p.m.
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NDP

Tony Martin NDP Sault Ste. Marie, ON

Mr. Speaker, again I am pleased to ask some questions on this important bill. I expressed earlier that in Sault Ste. Marie, dead in the middle of three of the most important Great Lakes, Lake Superior to the north, Lake Michigan and Lake Huron, we see ourselves as part of the great Canadian waterway, the St. Lawrence Seaway. We connect in a very important way. Goods from the west go east. We see ourselves as an entry point for goods that would go into the Midwest U.S., then go to literally millions of people and communities along Lake Michigan and Lake Huron.

We are preparing ourselves to take advantage of what we know will be greater and greater focus on the distribution of goods, the transportation of goods and systems that make that happen. CN comes from western Canada north of the Sault. We have the Great Lakes, as I have said. We have highways, I-75 into the U.S. and the Trans-Canada highway. Therefore, we are strategically located in a very good position to take advantage of some of this, but we need to ensure that the public institutions we put in place to manage this, like our ports, are well managed and that we deal with all the issue.

However, one issue we are trying to deal with in the Sault, because we have responsibility for such a vast amount of water and land and trees, is the question of invasive species. Is there anything in the bill that speaks, from an environmental perspective, to the protection of our natural resources from species that might be brought in through the St. Lawrence Seaway and up into the Great Lakes. These might invade our natural habitat and create some of the problems we have seen already or make them worse?

We would like an invasive species centre placed in Sault Ste. Marie, which would research and come up with responses to some of that. However, is there anything in the bill that speaks to a this concern and then some action that could be taken to minimize or stop altogether the possibility that we might get invasive species into our waterways in Canada?

Canada Marine ActGovernment Orders

December 4th, 2007 / 12:35 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, there was a lot in that question. I want to thank the member for Sault Ste. Marie for his concern.

One of the issues was around the transportation hub, which he so aptly described. In many of our communities there simply is insufficient investment in public transportation infrastructure, whether it is rail, or the ports or public transit. I have had the pleasure of visiting the member's community, which is a central transportation hub. The kind of investment required to ensure it stays vibrant and viable is simply not there.

With regard to invasive species, the member raises a broader question around whether legislation that comes before the House has an environmental lens. Many of us in the New Democrats feel that legislation coming before us needs a couple of lenses. They all need gender lenses, but they also need an environmental lens, which talks about the impact of the legislation. Has there been appropriate oversight in things like invasive species? We need that longer view. When a question is posed about environmental impact, we should not be thinking only to the next quarter, or the end of next year, or the next election cycle. We truly should be thinking out generations.

When we talk about this overhaul of the Canada Marine Act, it would be an appropriate time to take a look at some of the environmental measures that need to be in place. I talked about the environmental impacts that ports can have on our local communities. Therefore, that environmental lens is a critical part of developing any legislation.

Canada Marine ActGovernment Orders

December 4th, 2007 / 12:40 p.m.
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NDP

Alexa McDonough NDP Halifax, NS

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-23, An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence, because I have the privilege of representing the federal riding of Halifax.

While I do not want to lay claim, in any way, shape or form, to the port of Halifax being the exclusive concern of the federal riding of Halifax because three additional federal ridings abut one way or another on some part of the Halifax Harbour, I think it is fair to say that the riding of Halifax is the most historic riding to make up part of the port of Halifax.

The Halifax port is an incredibly important part of the economic development infrastructure and, to state the obvious, the transportation infrastructure of the Halifax metropolitan region and, indeed, the province of Nova Scotia and the whole of Atlantic Canada.

Before I begin speaking to the amendments to the four bills that are affected by Bill C-23, I want to take the opportunity to talk about the vision, the creativity and the innovation of the former mayor of Halifax, Allan O'Brien, who, in the late 1960s, had the vision to see that we needed to do a great deal to enhance our port capacity. He knew that container shipping would become a huge factor in the shipment of goods in the modern era. Container capacity in the city of Halifax was an important innovation undertaken at that time and it remains an extremely important part of the economic capacity of the port of Halifax, which continues to play a major part in the economy of the region and of our country.

People talk about the concept of the Atlantic Gateway. I hope it does not seem presumptuous to say this, but I think it is fair to say that Halifax has been one of the major economic gateways to Canada and to all of North America for over 400 years. In a sense, it does not need to compete for the notion of being the major Atlantic Gateway but, at the same time, a major collaborative effort is under way to strengthen the port of Halifax so it can be an even more effective economic driver for goods coming to the North American continent.

When I had the opportunity to talk with my provincial New Democrat candidates in Nova Scotia recently, the official opposition in the province of Nova Scotia, it was pointed out to me that it was not well-known that the port of Halifax, in many instances, offers the fastest and the most effective route into North America.

The bill that is now before us addresses a number of valid concerns that have been brought forward over a period of several years. However, I hope we can further enhance the capability of the port of Halifax and other Canadian ports as well to play an even bigger role as a gateway into North America.

I think members of the House are aware of the history of the bill that is now before us. It resulted from a consultative process across the country in 2003, when a legislative review of the Canada Marine Act was conducted, and in a 1995 policy review for federal ports on the elimination of overcapacity and the new governance structures needed to support more successful commercial operations and a more comprehensive system of transportation, of which the Halifax port is only one component.

There was a great deal of interest in that review process at the time. I think some 75 hearings were held with 140 submissions by a variety of stakeholders from across the country. Therefore, in part, the changes contained in Bill C-23 came out of that review process.

It is my view and the view of my colleagues, several of whom have already very ably spoken to the bill, that the bill should be supported at this stage of second reading to go to committee. It is also our view that some amendments are needed to some areas of the bill. It would be our contention that at committee these amendments ought to be fully considered and, hopefully, supported, adopted and brought back to the House. If the necessary amendments are made, I and my colleagues would see this as an important step forward in strengthening our capacity to play an even greater role in this country of effective ports into the North American continent.

A number of positive things can be said about the bill. A number of provisions in the bill would improve access to funding by port authorities for infrastructure improvements. There are some areas in which there are infrastructure improvements needed to the port of Halifax and other ports. The original marine act did not actually allow for port authorities to get access to federal funding. This is being addressed in the bill and it is long overdue.

The bill also would provide the port authorities with the ability to borrow money for port purposes on the port authorities' credit. This is an important provision that needs to be supported. It is an important start but it is our view that the borrowing power that would be made available to port authorities needs to be increased beyond where this present bill establishes that limit.

Another important amendment, which, I guess, would be mostly true of the port of Halifax, explicitly states the historical importance of our ports to the Canadian economy and to the North American economy. This positive statement is particularly timely at this juncture. We know how important our ports are but we also know there are particular challenges that need to be met in the context of the current events happening and the current security threats that need to be taken seriously.

One of the areas in which we are very adamant that there needs to be improvements in Bill C-23 relates to the security challenges that our ports are facing. I think it is fair to say that a missed opportunity in the current drafting of the bill is to tackle the importance of streamlining, standardizing and strengthening both the funding for national security measures in our ports and also for the way in which the security provisions are actually handled.

The disbandment of the port police was very controversial when it took place a number of years ago. I know the New Democratic Party expressed some major concerns about it at the time. At the very least, I think one has to say that the disbandment was done in a very ad hoc way and was premature.

What Bill C-23 would enable us to do with some appropriate amendments is to actually recognize that there needs to be a more coherent, comprehensive, streamlined process dealing with security.

This is almost unbelievable but at the moment the 19 different major port authorities literally have 19 different systems addressing their security needs. Some ports have a combination of federal, municipal and provincial police. Some have various partnerships and relationships with private security firms. In Halifax, for example, we have a contract with the municipal police augmented by private security firms for commercial port users.

I had a professor who would talk about the lack of a really thorough, systematic approach of whatever regulatory nature that looked like a dog's breakfast. In this day and age, in particular, we need to be concerned about a more comprehensive and coherent approach to port security.

It pains me to say this but we in the city of Halifax have a very real concern these days about the increase in violence in some pockets of our communities. This is not unusual nor is it exceptional to Halifax. I am pleased to take the opportunity to say that we in the city of Halifax are blessed with one of the finest police forces in our country. We have an outstanding chief of police and deputy chief of police who absolutely understand what it means to say that we need to take this challenge seriously and that what it requires is being tough on crime and tough on the causes of crime. They do not only express that as some kind of a convenient slogan. They act on it and they engage the whole community in the process of identifying where the kind of preventive and rehabilitative measures are needed that would actually get that job done, while, at the same time, recognizing that there are instances in which the public is not being adequately protected from some of the offenders who threaten their very security and in fact their lives in many cases.

It is incumbent on all of us to ensure that at committee there are some amendments brought in to take a more coherent or comprehensive approach to the security challenges we face.

It may not be so obvious to people who live in landlocked places but ports are a wonderful asset and a wonderful resource. However, particularly with the increase in commercial activity and the potential for massive containers to be brought in on container ships, there can be real challenges to identifying illicit drugs or illegal arms that are stowed in those containers by hostile individuals who have anything but our best interests at heart when they do that.

I am not saying that it is frequent, but, and I believe this figure would apply today or recently, the figures would indicate that only 3% of the containers coming into our ports now are actually inspected. I am not an authority but I do know there are some challenges. I do not know what percentage it should be but it seems that 3% is a very low percentage of container inspection to determine whether there are threats to our security.

I do not want in any way to create the impression, because I do not believe it is true, that the port of Halifax has bigger challenges in that regard than other ports, but I think what it does underscore is that we need to have a more streamlined, comprehensive approach to security, and this is the time to do it.

I recall in part with amusement, but I also remember how furious I was at the time, that on the eve of the 2004 election there was virtually a Liberal rally conducted in Halifax where there was a great deal of fanfare about funding coming into the port of Halifax to improve our security protection in the aftermath of 9/11.

Honestly, we could not tell that it was not a Liberal rally. There were three cabinet ministers that flew in at, of course, public expense to make this big announcement with great fanfare, but actually it was totally lacking in specifics. A whole two years later, when I was making inquiries to find out about the delivery of those promises, not a single penny had flown at the time to fulfill those promises.

If the new provisions of Bill C-23 are appropriately adopted, we will be supporting it if the necessary amendments can hang within it. Let us not turn it into a kind of pre-election fanfare thing, which I think would do a disservice to the fact that the consultation process that has taken place has involved all of the stakeholders, all of the levels of government, and recognized that this is something of interest to the security and well-being of our individual citizens, and obviously to the well-being and success of our local, regional and national economies.

Mr. Speaker, with those words, I am pleased to indicate my support for the legislation to be passed at second reading. I look forward to a lively committee process where other concerns will be addressed, including some real problems about shrinking down the numbers of members on the port authorities. This does not allow for a diverse representation as is really needed to ensure that all interests are fully considered at the decision-making level of our port authorities.

Canada Marine ActGovernment Orders

December 4th, 2007 / 12:55 p.m.
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NDP

Tony Martin NDP Sault Ste. Marie, ON

Mr. Speaker, I wish to commend the member for Halifax for her speech, knowledge and understanding of some of the opportunities and challenges that exist in our ports, particularly our own. There is not a port city or facility in Canada that is more renowned and thought of whenever we think of marine activity than Halifax, in our own backyard.

The member spoke very knowledgeably about what needs to be done. She recognizes that the bill is not perfect, but it does get us into the conversation in a way that hopefully will get us to a place where we do something that will be meaningful. She spoke very eloquently about how often governments use announcements and bills such as this to gain political favour while at the same time really not having any substance or providing any substance to deal with some of the real difficulties that exist.

I was saying earlier that we need to not only recognize the most obvious ports of entry into our country, where marine is concerned, when we talk about these kinds of bills, but also need to look at the other places along the route into Canada where ships arrive and there is interaction which contributes to a local economy.

That is no more so obvious than in my own community of Sault Ste. Marie which is smack dead in the centre of three of the most important and largest of the Great Lakes. There is Lake Superior to the north, Lake Michigan and Lake Huron.

We in the Sault are looking to take advantage of that strategic location which gets us into big chunks of the mid-west U.S. where trade is concerned. We know that the transportation and distribution of goods is now, and will become even more, an important facet of industry and the economy in Canada.

Certainly, passing our back door or front door is the CN Rail, the Trans-Canada Highway and route I-75 that runs right down to the tip of Florida, and of course this wonderful resource of water of which we have stewardship.

The member spoke very thoughtfully about the issue of security at our ports and how the Liberals in fact used that as a way to curry some favour going into an election, but there is a very real concern regarding security that the member for Halifax just spoke about. There is also an environmental concern that we in Sault Ste. Marie have identified.

As boats are brought in off the oceans through the St. Lawrence Seaway and up into the Great Lakes, we often end up with species in our systems that get into the water and from the water into some of our other natural resources that become then very difficult to deal with and become a menace to our own natural resources. We need to be doing something to protect ourselves from that.

In Sault Ste. Marie we have been working for a few years now to develop an invasive species centre which would do research and put forward proposals, be a partnership between all of those wonderful institutions in our community: the Great Lakes Forestry Centre, our university, Science Enterprise Algoma, along with other agencies and the private sector to actually come up with responses that will be effective in stopping the onslaught of these species when they happen in the first place.

Is there anything in the bill that the member has looked at that speaks in any way at all to this other concern regarding security where our environment is affected and the possibility that some of these ships coming in might bring with them species that we do not want?

Canada Marine ActGovernment Orders

December 4th, 2007 / 1 p.m.
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NDP

Alexa McDonough NDP Halifax, NS

Mr. Speaker, I must say honestly that I do not have the in-depth knowledge I should have about what kinds of strengthened provisions there might be to address the very real problem that the member talks about, which represents an environmental threat. I wish I had the expertise to say for sure.

What I do know is that there are amazing innovations and improvements in technology that can both address some of these kinds of environmental challenges and security issues about which I and the member for Sault Ste. Marie spoke of earlier. There is improved technology, for example, that could do more effective tracking and screening of containers.

The same is probably true in addressing the question that was raised by the member for Sault Ste. Marie. There likely is increased technology for the effective tracking of species because of increased mobility and the fact that we end up transporting through fish farming, for example, fish that have a hostile and very destructive impact in different milieux.

It allows me to make a point, which is an important one, speaking to the need for another major amendment. There is not now nearly sufficient responsibility being taken by the Government of Canada to address these kinds of security measures.

In terms of what has actually been committed in the way of dollars and cents up to this point has been very piecemeal and, by and large, operating on the basis that it is the problem, responsibility and onus of the individual ports to provide for these kinds of protections, whether it is environmental or security.

It needs to be understood that there are national implications and federal government responsibility needs to be taken when dealing with such overarching issues as environmental and security matters. I hope the outcome will be an amended bill that comes back to the House for final approval.

Canada Marine ActGovernment Orders

December 4th, 2007 / 1:05 p.m.
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Fort McMurray—Athabasca Alberta

Conservative

Brian Jean ConservativeParliamentary Secretary to the Minister of Transport

Mr. Speaker, it is good to see NDP members staying on topic while debating this particular bill. They stand, give speeches and ask questions of their own members to, of course, take up time. I am not sure why, but it is always good to see them stay on topic.

Speaking of which, I am sure we could talk about green cheese being on topic or the moon being made of green cheese. I have seen the NDP bounce from security to other issues and it is not appropriate.

My question is--

Canada Marine ActGovernment Orders

December 4th, 2007 / 1:05 p.m.
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Conservative

The Acting Speaker Conservative Andrew Scheer

The hon. member for Halifax on a point of order.

Canada Marine ActGovernment Orders

December 4th, 2007 / 1:05 p.m.
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NDP

Alexa McDonough NDP Halifax, NS

If the Speaker had a concern about the relevancy of comments and if the Speaker had a concern that I was out of order in raising the very issues that I raised, I assume he would have said so. I ask the member to withdraw the comments that were completely unfounded, completely unfair, and completely off topic.

Canada Marine ActGovernment Orders

December 4th, 2007 / 1:05 p.m.
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Conservative

The Acting Speaker Conservative Andrew Scheer

That is not a point of order.

There are only a few minutes left for this period of questions and comments, so I would ask the hon. parliamentary secretary to also stay relevant to the merits of the bill and the hon. member for Halifax to stay relevant to the bill in her response.