Bill C-23 (Historical)

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

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.

Canada Marine Act

[Brian Jean, Conservative, Fort McMurray—Athabasca, AB]

Let me say that if the hon. member is not trying to delay the legislation, we know that 90% of the House is in favour of it, as is everyone we heard from, from all cities, all provinces, all municipalities and even the member's own city, the city of Burnaby, as well as the cities of Nanaimo, North Vancouver, Port Alberni and Port Moody. All of these cities have been consulted on this and we have not heard any negative effects of that consultation.

At this stage, if the NDP is not trying to delay it, I would ask for unanimous consent. We know that the other parties will agree, so will the NDP agree to pass Bill C-23 at all stages now?

[Brian Jean, Conservative, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, first I would like to say that infrastructure is the responsibility of our provincial partners, but the federal government is allocating the most money in 60 years to help our partners and to help the deficit, which the member has brought up.

Indeed, we have developed really good policy, which the member knows--or at least the member who sits on the committee knows--in relation to consultations with the communities. Indeed, board members and council members have to act in the best interests of the city they represent, just like board members of the port have to act in the best interests of the port itself. There is a fiduciary obligation on them to do so.

However, I did notice that the member from the Bloc mentioned earlier that there was no money for the St. Lawrence and Quebec. That is just not true. The St. Lawrence and the Great Lakes even had $15 million allocated some time ago from the government in relation to security, as well as $350 million for climate change for the province of Quebec, $1 billion for security, and $2.1 billion for gateway and border crossings. All of these things are great initiatives by this country, which Quebec, the people of the St. Lawrence and the people of Montreal can take advantage of. All the ports in Quebec can do so.

In relation to the member's comments earlier, he said that the NDP was not trying to obstruct the legislation, so I would ask now for unanimous consent to pass Bill C-23 at all stages.

The House resumed consideration of the motion that Bill C-23, An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence, be read the third time and passed.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-23 this afternoon. It is a bill to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other acts in consequence.

The legislation before us will do a number of things, including modify a port authority's access to federal funding, add provisions regarding the power of a port authority to borrow money, provide additional regulatory powers to the governor in council, add provisions regarding port amalgamations, modify provisions regarding the appointment of directors of port authorities, and add a penalty scheme and streamline certain other enforcement provisions.

This legislation has appeared before this House in the past. It is similar to legislation introduced by the previous government. We debated it on a number of occasions here in the House. It comes out of widespread consultations about changes that were necessary to this kind of legislation. Unfortunately, we believe that it does not cover all of the areas that were noted in that broad consultation process that happened a number of years ago. There are still some flaws with this legislation.

That is why we will continue to do our job as opposition members to raise important questions that we think need to be answered. We raise issues to put on the record things that we think could have been included in this legislation or changes that should have been made to the legislation before it is passed by this House. We see that very much as our responsibility as members of Parliament in this corner of the House. With that being said, there are some concerns.

As the member of Parliament for Burnaby—Douglas, the Vancouver Fraser Port Authority is very important to my community. Although there is not a lot of port activity associated with Burnaby, the north shore of my riding does border on Burrard Inlet. There are a number of sections of port authority property along that coastline. Notably, Berry Point is one of the pieces of port authority property that has been considered for development in the past. That particular piece is very important to the people in North Burnaby, to the people who live in Burnaby Heights and on Capitol Hill, two neighbourhoods that adjoin Berry Point.

We have seen in the past when the port authority floated ideas about the port development of Berry Point that people in the neighbourhood mobilized because they were very concerned about how that development was going to proceed. At the time, that development was put off. People in North Burnaby are very concerned about the operation of the port authority.

There are also a number of petroleum loading facilities along the north shore of my riding and the south shore of Burrard Inlet in Burnaby related to the Chevron refinery and to the operation of the pipelines that deliver product from the oil fields in Alberta to the coast and to British Columbia. Those are also of concern to people.

The possibility of, for instance, an accident that would result in the discharge of petroleum products into Burrard Inlet is always of great concern in my area. We certainly saw the disastrous consequences of a pipeline accident where a contractor broke a major oil pipeline in Burnaby and caused hundreds of thousands of litres of crude oil product to go into Burrard Inlet. We are very well aware in Burnaby of the consequences, and the importance of having a port authority that is responsive to the kinds of activities, actions and uses of the port lands and of the operations of the port itself.

There is also Barnet Marine Park which is part of the shoreline of Burrard Inlet in my area which is also connected to the Vancouver Fraser Port Authority.

The Vancouver Fraser Port Authority is a recent amalgamation. One of the things that is contemplated by this legislation is that port authorities can amalgamate. What we saw in the Vancouver area was the port of Vancouver that specifically deals with the port on Burrard Inlet amalgamating with the North Fraser port, the port that exists on the Fraser River, and the Delta port which is the port mainly used right now for export of coal. These three ports amalgamated recently into one port authority, the Vancouver Fraser Port Authority. There were some questions raised about that.

There are concerns from the smaller communities that were part of the smaller ports about how this new amalgamated port authority will carry out its responsibilities.We will remain interested in how this new arrangement shakes down and how it serves the communities and the people of the Lower Mainland of British Columbia.

This particular legislation has raised a number of concerns. The NDP spokesperson on transport issues, the member for Windsor West, was very active in committee in raising concerns that we have in this corner of the House. We know from the people whom we work with on this legislation that he took a very active role in trying to ensure that those issues were discussed at committee.

I do not believe, as has been suggested today certainly by the parliamentary secretary, that it is a delaying tactic, that it is the NDP trying to put off consideration of this legislation. This is important legislation and we recognize that. We also recognize that port authorities are very important to our communities and to our economy. Many people in my constituency work in the port authority. The city of Burnaby obtains property tax revenue from the port authority. All of these things are very important.

It is certainly not our intention to delay unnecessarily legislation that we know is very important. However, it is also our job to make sure that we raise the concerns that we have and ensure that they are fully debated in the House.

We have a number of concerns about this legislation, particularly in relation to port authorities. One of the concerns is around the boards of directors of port authorities. We are concerned that the number of directors of port authorities has been changed and that the boards are not particularly representative of the concerns of municipalities.

The number of municipal representatives, either elected municipal officials or appointees of municipal governments, are very limited by this legislation. We are very concerned about that. Ports have a very direct effect on the communities of which they are a part. The cities and citizens of those communities have a great interest in how the port is developed, and the kinds of uses that happen on port land. That certainly is a concern, as I have noted in my constituency where people want to make sure that our municipality, the city of Burnaby, has the ability to influence the decisions made by the Vancouver Fraser Port Authority.

We are concerned that municipalities are not well represented on the boards according to the legislation. We think that port authorities would benefit from the experience of municipal governments, of municipal councillors and the people whom they might appoint to port authorities, because they have local experience. They have the kind of experience and knowledge of the local communities that will only facilitate the operation of the port, that will only facilitate relations with those communities and with the people who live near the port lands and the operations of that port. That is very important for the functioning of the ports.

It is not all about facilitating the expansion of ports or the development of the port. It is about ports being good neighbours and working in the context of the communities of which they are a part. We need to ensure that those communities have the ability to directly raise their concerns.

Related to that is our concern that when it comes to the development of plans for the use of the lands that are owned by port authorities, municipalities also need to have some direct input into that process. Port authorities have significant real estate holdings. They certainly do in the case of the Vancouver Fraser Port Authority. They can have a very direct effect on the development of communities by how they choose to use the lands that they have at their disposal.

Given the fact that the Vancouver Fraser Port Authority exists in very built up urban areas, it is very important that the port authority cooperate with municipalities in any development and land use planning. Right now there is no requirement that that happen. We heard earlier the Liberal member say that he was hopeful that kind of exchange would happen. Hopeful is great and I am hopeful too that that will happen, but I think it is incumbent on legislation to also point to the need to do that and to make certain requirements of port authorities to seek out that kind of exchange with municipalities.

Very difficult situations can arise. I mentioned earlier that when there were plans floated for the development of Berry Point in North Burnaby, there were very serious concerns from the people who live adjacent to Berry Point about how their lives would be directly affected by the uses the port authority was suggesting a number of years ago.

In east Vancouver, and I know the member for Vancouver East will likely speak to this issue, as she has in the past, we have seen that the development of a cement plant on port authority lands was extremely disconcerting to the people who lived in the neighbourhood adjoining that development site. There was a long and difficult discussion in the community of Vancouver around that particular decision by the port authority to suggest that it was an appropriate place for this kind of development.

We know there is a real concern in our communities about the land use development of port authorities, how they go about it and how it combines with the plans of municipalities around the appropriate growth and development of the cities they are responsible for. We need to make sure that this is part of any legislation governing the jurisdiction and the way that port authorities work for Canadians. That is a very important piece as well.

A number of times today I have raised a concern given the changes in this legislation to the financial arrangements available to port authorities. That includes extending the borrowing ability of port authorities and also the ability for port authorities to now compete directly for infrastructure funding, something they did not do in the past. They were funded with allocations from the federal government. This legislation now will allow them to compete directly with municipalities for federal government infrastructure program funding.

We want to ensure, given these new financial arrangements, that there is appropriate oversight and that ultimately there is accountability for this, since some of the direct responsibility for it is moved away from the government. In the past, the government had to approve borrowing arrangements and make direct allocations. There was in that system some kind of accountability on the part of the government.

We are now concerned that there may be gaps in accountability with regard to how the borrowing and financial arrangements of port authorities are carried out. That is why we have suggested that the port authorities should come under the jurisdiction of the Auditor General of Canada and that the Auditor General should be able to exercise her oversight and her ability to make suggestions about how those financial arrangements have worked out. This is something that we think is very significant in all of this.

We are also very concerned about the ability of port authorities to now compete directly with municipalities and communities for infrastructure funding. We know that infrastructure funding is incredibly limited. Despite what moneys have been put in by the government, the funding is still not nearly enough. The Federation of Canadian Municipalities has made that very clear. The FCM has said that there is an infrastructure deficit of $123 billion in Canada. The money the Conservatives have directed towards infrastructure in no way comes close to meeting that need.

Now with this legislation we are increasing the demands on that infrastructure funding by opening those programs to port authorities. We know that port authorities have significant infrastructure needs, so we need to make sure that in the competition for this funding there is some fairness and that appropriate funding is available to ensure those needs are addressed, both the needs of the port authorities and the needs of the municipalities and communities that are facing very serious deficits when it comes to infrastructure.

That is absolutely true of our community of Burnaby. We need to make sure that the funding is available and accessible by municipalities and that there is no further restriction on the municipalities' ability to do that important work. We know that in so many of our communities the public physical infrastructure is collapsing and needs significant injections of support from the government.

This is one of those things that Canadians have always done collectively. As citizens, we believe it is appropriate to cooperate to make sure that those kinds of infrastructure arrangements are available and that kind of funding is available to make sure that our cities function appropriately in so many ways. We need to make sure that we have not added an extra demand on infrastructure funding without offsetting it by additional funding. That is also a serious concern with this legislation.

The whole question of security needs at our ports is one that we know has been controversial too. We know there is not a consistent plan across Canada for port security. In many of the measures that have been floated recently with respect to security and which are in the process of being put in place, the emphasis in some ways has been on the workers in those port facilities and how they might pose a security risk. The emphasis is being put on measures that individual workers need to meet to ensure they are appropriate for working at our ports.

However, there are many other concerns around port security, including such things as the surveillance of cargo that comes through a port. We know that only a small fraction of cargo that moves through our ports is actually screened for security purposes. This is another important concern that we have around the security of our ports system.

I have been very supportive of the workers, members of the International Longshore and Warehouse Union and others, who are very concerned about the kinds of requirements that are being made of individual workers who have long histories of dedicated service in our ports. They have been raising concerns about what is now is being demanded of them around security issues in order for them to continue to hold their jobs at our ports. That concern continues.

There is also an issue around foreign investment in our ports and how that relates to security. That needs to be considered and it is not part of this legislation. We need to make sure that foreign investors are also screened around issues of security. We need to make sure that we have this important interest covered when it comes to the operation of our ports. We believe that is necessary when we are looking at the whole situation of ports in Canada.

At committee we raised a number of issues that we thought should be part of amendments to this legislation. I want to go through some of them just to be clear about where we are coming from on this important bill.

As I say, we know the importance of the appropriate operation of our ports. We know that they are important to the economy of Canada, to the future economy of Canada, and to the communities of which they are a part. We know how many workers are directly associated with the operations of our ports. All of that is extremely important, so we have to guarantee that these important institutions and these important industrial developments are doing the appropriate job for our country, our communities, our economy and Canadian workers.

We had some concerns that we put in the form of amendments. Sadly, none of them were successful at committee. That is of concern to us. We brought specific issues forward in the form of our amendments.

We are concerned about land use policies at the ports and said that they should be restricted so that all non-marine land use functions would have to be approved by the municipality. That seemed very reasonable. If it is a non-marine use of port property, we think the municipality has a particular interest in that kind of land use.

We said that we should restrict the functions of a port authority so that all non-marine functions would essentially be severed from the port authority's purview. So if there were a non-marine use, that would be directly under the purview of the municipality, not the port authority.

We said that all port authorities should be placed under the jurisdiction of the Auditor General for examination. I have already spoken to this point. It is one that we think is very important.

We said that a majority of the board of a port authority should be made up of municipal councillors or municipal appointees because those people have the experience necessary.

We said that the entire land use plan of a port authority should be approved by a municipality. We know this is very controversial, but we also know that it relates to the impact of ports on local communities.

We also said that a national security test should be established for foreign investment at a Canadian port and an annual security audit should be performed at all ports to ensure security needs are being met and are being done consistently at ports across Canada.

Those are some of the concerns that we in the NDP have raised with respect to this legislation. Again, we appreciate its importance. We look forward to continuing our participation in this important debate.

[The Acting Speaker, Conservative, Royal Galipeau]

When we last considered Bill C-23, the hon. member for Argenteuil—Papineau—Mirabel had 10 minutes left for questions and comments.

The hon. member for York South—Weston.

The House resumed consideration of the motion that Bill C-23, An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence, be read the third time and passed.

[Mario Laframboise, Bloc, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I am pleased to rise here today on behalf of the Bloc Québécois 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.

For the benefit of our listeners and my colleagues in this House, it is important to briefly go over the content of the bill. This bill has a very specific objective concerning Canada's port authorities.

I will use Quebec as an example. Not all the ports in Quebec that our citizens are familiar with will benefit from this legislation. Five ports have port authorities. Those port authorities are autonomous management companies. They are in Montreal, Trois-Rivières, Quebec City, Port Saguenay and Sept-Îles. They are responsible for the administration of the ports, as well as domestic and international trade, and they form what is known as the national port system.

This bill targets these ports that have port authorities, autonomous management companies. They have constantly changing needs. There is a reason I previously gave the example of the port of Vancouver. The Liberals created the Asia-Pacific corridor, and the Conservatives have put money into the Pacific gateway. But both the Conservatives and the Liberals forgot that Canada had other maritime gateways. The St. Lawrence-Great Lakes corridor is another extremely important gateway.

This bill enables port authorities to take advantage of infrastructure programs. We have to be careful, though, because the $33 billion in funding announced includes only one infrastructure program. I am not making that up. It is in the Conservative government's budget. It was in the economic statement last fall. Of the $33 billion, $1 billion is set aside for the Asia-Pacific corridor and the Pacific gateway, which means for the port of Vancouver and, I believe, Fraser port.

What this will mean for other ports once this bill is adopted is that they will have to apply for funding to other infrastructure programs, many of which are intended for cities.

This is important to us. I want to tell my Conservative and Liberal colleagues that the Bloc Québécois is the conscience of Quebeckers. That is why Quebeckers elected us: to point out the gaps in all the bills that apply to Quebec. We are happy to do this, and that is why we work collaboratively.

We will support this bill, but we have to be able to raise red flags. We are the only party that raises red flags for Quebeckers. Once again, the funding announced includes money only for the Pacific gateway. The Liberals created the gateway, and the Conservatives have continued funding it. We shall see what happens.

As I said earlier, this bill will enable port authorities to apply to various infrastructure programs, something they were prohibited from doing by the legislation that created them.

When the port authorities were created, just like when the airport authorities were created, they were supposed to pay for themselves. That is why users and shipowners pay fees to use port facilities. Airports have their airport improvement fees—the AIFs that people pay every time they buy a plane ticket. These authorities were supposed to pay for themselves.

In the marine transportation sector, economic development is tied to development. The industry is changing, and marine transportation is growing. Major new facilities will be needed in various ports for all kinds of reasons.

Earlier, someone talked about how the Montreal port needs $500 million. An application will probably be submitted for that money. The port of Montreal wants to be able to accommodate cruise ships. Montreal is one of our most beautiful cities, along with Quebec City and other cities. I mean those with ports, like Sept-Îles. The member for Manicouagan, who is doing such a good job of representing the region, knows that the city of Sept-Îles is a very beautiful city. We also have Port Saguenay, Quebec City, Trois-Rivières and Montreal. Among other things, Montreal would like to invest a lot of money in facilities to accommodate passengers there. That could mean an investment of about $500 million.

The Bloc Québécois would like to see that happen. However, we would not want Montreal to apply for funding from infrastructure programs and be competing with applications from the City of Montreal. We do not want what is happening in Toronto to happen in Montreal.

I am from Quebec, and I stand up for the interests of Quebeckers. With all due respect to the members from Ontario—I have no idea what they are doing about it—the City of Toronto and the Toronto Port Authority are at war. I do not want to see these conflicts get any worse and spread to the other ports I mentioned earlier—Montreal, Trois-Rivières, Quebec City, Sept-Îles and Saguenay. Port authorities can now apply for funding from infrastructure programs, and they do not necessarily have the same vision as the cities. It is important to emphasize that.

We have to tell the Conservative government that it must not give all of the money to the Asia-Pacific gateway and corridor. It will have to invest money. We know that is not in this year's budget, but we hope that the Conservative government will listen to us and that next year, there will be significant funding for development of the St. Lawrence—Great Lakes corridor.

This bill will also allow the borrowing limit to be increased. The port authorities, the port of Vancouver among others, have maximized their borrowing capacity, likely as a result of their rapid growth, and would like to do business like any other private organization. That is more or less the case. They will be allowed to make borrowing rules and access the markets with their income. Their borrowing limit is being increased to allow them to further their own development.

The port of Montreal is not asking for this because it does not have any debt. That is why the Bloc Québécois has to be the conscience of Quebeckers. If the port of Montreal could apply to infrastructure programs, it would not borrow money and go into debt just because other ports, like the port of Vancouver, are in debt. There needs to be some logic in all this and every port should be allowed to develop within their own limits.

In addition to the increased borrowing limit and the ability to apply to different infrastructure programs, governance is being improved and the ports will be allowed in their letters patent to manage real property. This is something the port authorities asked for in order to have more latitude in managing the federal government's assets and to be able to purchase property and other facilities.

All this is because the ports are undergoing intensive development. They want to be able to make forecasts and acquire property before an expansion. They wanted to have the financial ability to plan and not have to wait until the last-minute. Sometimes while they are waiting to acquire the land around a port, the price goes up. If port authorities could plan their investments over ten or more years, they could immediately start acquiring land and rent it out in the meantime, for other purposes, until they can use it to achieve their development objectives.

We have to be careful. We cannot allow them to become speculators for the government. Once again, the Bloc Québécois will be the conscience of Quebeckers. We will make sure the bill is used appropriately by the port authorities. We are prepared to give them this chance to develop and plan their development. However, we do not want this to interfere with the major development the cities are planning in their own jurisdictions. That is where we draw the line because when we allow port authorities to apply to the same infrastructure programs as the cities, there is a problem.

No one can tell us otherwise. There is only one envelope for marine transportation and that is the billion dollars for the Asia-Pacific gateway announced by the federal government. No other monies have been set aside in the infrastructure program for the St. Lawrence—Great lakes corridor in particular, which is an underutilized corridor. Earlier I heard a Liberal member say that they had contributed to its development.

The St. Lawrence Seaway is underutilized. I will give you some statistics. The total amount of goods shipped on the St. Lawrence fell from 130 million tonnes in the early 1980s to 100 million and 105 million tonnes in recent years. Once again, even with a 5 million tonne increase in the past three years, we have nevertheless lost 25 million tonnes in marine shipping on the St. Lawrence since 1980.

However, over the past 30 years, shipping has increased 600% internationally. On the Mississippi system, which is the St. Lawrence's direct competitor, shipping has increased from 450 million to 700 million tonnes. There is not one Liberal who can boast about that in this House.

Since the early 1980s, the St. Lawrence has lost out with shipping falling from 130 million to 105 million tonnes, whereas on the Mississippi shipping has increased from 450 million to 700 million tonnes and international shipping has increased by 600%. Once again, the governments, both Liberal and Conservative, underestimated the capacity of the St. Lawrence—Great Lakes corridor, which is the main access route to the central United States. Again, the governments overlooked Quebec and Ontario.

It must be said—we are very honest—when we defend Quebec and the St. Lawrence—Great Lakes corridor, we are defending the Great Lakes and Ontario, whether the Liberal members like it or not. They have a majority in Ontario, and have seen marine transportation in the St. Lawrence—Great Lakes corridor decline, but it did not seem to bother them, and it does not seem to bother them now.

Once again, the Bloc Québécois is alone in defending this very important St. Lawrence—Great Lakes corridor. Why? Because we have five very important ports in Montreal, Trois-Rivières, Quebec City, Port Saguenay et Sept-Îles. We want these ports to be able to develop without having to compete with municipalities. That is why we will call for an independent program.

Yes, this bill is important so that port authorities are able to increase their borrowing capacity, acquire land to plan their development over the next 10 years, and apply to infrastructure programs. But these ports in Quebec and in other regions, such as Ontario, should not have to compete with municipalities in the other infrastructure programs, because there was no money allocated for the St. Lawrence—Great Lakes corridor, as there was for the Pacific gateway.

Once again, the Bloc Québécois is proud to be the conscience of Quebeckers. It is the only party in this House to do so.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, thank my friend for his support of Bill C-23.

As a member of the transportation committee, I too had an opportunity to participate in the discussion and hear witnesses. Not one witness spoke against the legislation.

I come from the west coast. The Vancouver Fraser Port is very important to me. It is very important to the economy of British Columbia and to the economy of the country. Any delays at all in moving the legislation forward will hurt our economy.

Mr. Gordon Houston and Mr. Duncan Wilson, representatives from the Vancouver Fraser Port Authority, visited me yesterday.They expressed serious concern, and it was not about the legislation. Their concern was about the delays that were occurring in the House. There was consensus at committee that this was excellent legislation and that it was important for the productivity of our country, yet the NDP is delaying and obstructing it.

Does the member know why that is occurring and will these delay have an impact on the ability of the Montreal Port Authority to move ahead with improvements to its facility?

[Massimo Pacetti, Liberal, Saint-Léonard—Saint-Michel, QC]

Mr. Speaker, it is a pleasure to join the debate today from a Liberal Party perspective on Bill C-23, An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence. This bill is mainly comprised of technical changes and amendments.

Normally, when the House receives bills of this technical nature, members of Parliament will often rely on the bureaucrats to highlight deficiencies in the present act or acts. In this case it is my understanding that the transport committee has made changes based on consultation with all stakeholders and this bill has everyone's support.

It is common knowledge that transportation in Canada is essential. And when I talk about transportation, I am talking about all types of transportation, including water, road, air transportation and so on.

Transportation has always been an essential part of building this country from the beginning, when our forefathers came here by boat and continued to use seaways as a primary mode of transportation until the invention of airplanes.

Furthermore, let us not forget that water was one of the few efficient ways of travel in Canada's formative years. And then, how can we forget, the building of Canada's railway from east to west which was the cornerstone of unifying and keeping this country together.

Things have evolved and our way of doing things has changed, but the transportation sector is still essential to this country's economy. The Liberal Party has always been a part of the transportation sector's evolution.

There is no denying that the Liberal Party, whether in government or in opposition, has always been a part of laying the groundwork to ensure that we have a network of infrastructure and transportation to allow this wonderful country to reach its fullest economic potential.

Our Canadian ports are fundamental to the development of trade. They enhance the opportunities for every Canadian to access our abundant natural resources across the country, so that they can be sold to foreign markets that can utilize the product for value added or for direct consumption.

Trade is a key factor in the Canadian economy and without the necessary infrastructure and means of transportation, Canada would be unable to reach its maximum potential to benefit all Canadians.

With that being said, as parliamentarians we cannot afford to miss opportunities to promote our Canadian ports. These kinds of initiatives would compel us to utilize portions of our infrastructure funds, in addition stimulate our rail network and a pan-Canadian road network to encourage growth, and to develop an economy that goes beyond a micro-economy and expand it to a regional and national one.

In 1998, under 13 years of successful Liberal government, the Canada Marine Act received royal assent. The Canada Marine Act was the first comprehensive piece of legislation to govern several aspects of Canada's transport legislation.

The Canada Marine Act was a component in the commercialization of the St. Lawrence Seaway, the framework for a strategic gateway and trade corridors, and included provisions for the further commercialization of federal ferry services.

In 2003, a review of the legislation was compiled to ensure that the government continued to make all the ports in Canada economically competitive, specifically ports in British Columbia, Ontario, Quebec and the Atlantic provinces.

May I remind the Conservative government that the bill before us comes from a Liberal bill, formerly C-61. I am pleased that the Conservatives have the ability to recognize good fundamental pieces of legislation that are beneficial to the Canadian economy and place partisanship aside.

If it were not for the NDP and the Bloc forcing an election, good pieces of legislation such as Bill C-23, Bill C-7, Bill C-3, Bill C-11 and Bill C-8, all based on Liberal transport bills which died on the order paper, could have been passed much sooner.

The Standing Committee on Transport, Infrastructure and Communities heard from port authorities, other stakeholders and read written submissions to the committee on Bill C-23. An overwhelming consensus between stakeholders seems to exist, indicating that the committee should move forward and adopt Bill C-23 which is why we are debating this in the House today.

Some of the benefits of Bill C-23 include access to contribution funding. The fact that access to contribution funding will now be permitted, the Canada Port Authority can apply for contribution funding for infrastructure and security for environmentally sustainable projects.

The bill also addresses governance. With the changes in the governance policy in the Canada Marine Act, the port authorities would now be more in control of their destiny as they would have the ability to promote a more stable, long term management framework.

Bill C-23 would also allow for borrowing limits. With this act, the port authorities would now have the ability to borrow and, thus, would directly allow the Vancouver Port Authority, the Montreal Port Authority and the Halifax Port Authority to move to a commercially based borrowing system.

Bill C-23 would also allow for amalgamation. In the act, the Fraser River port, the North Fraser Port, would be allowed to amalgamate with the Vancouver Port, which would allow for a centralized body and would, in turn, be beneficial to all British Columbian ports in terms of efficiency, whether it be financial resources, human resources or other benefits that would arise from centralization.

The bill also addresses enforcement. Bill C-23 would also give the port authorities the ability to enforce minor violations by having the ability to impose monetary penalties, making it easier to enforce and manage minor violations.

Again, it is my understanding from members of the transport committee, and I cannot stress this enough, that all the stakeholders appearing before the committee spoke positively toward the bill. Members in the House should not confuse the positive aspects which came out of the committee that considered, deliberated and debated Bill C-23.

I urge all members to support the legislation for the good of the Canadian economy.

[Brian Jean, Conservative, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, I am very pleased today to rise in the House for the third reading debate on a bill that is critical to the realization of some of Canada's key economic, transportation and trade priorities: amendments to the Canada Marine Act. This act is the economic framework for, among other entities, Canada's port authorities.

It has been well recognized that while the implementation of the Canada Marine Act has greatly contributed to the success of the marine industry, in order to better respond to the future market demands, changes now reflected in Bill C-23 are required, and they are required as soon as possible.

Bill C-23 is extremely important to our Canadian ports and, indeed, it is very important to Canada's economic prosperity.

I would like to remind members that the bill is the result of extensive and very broad based consultations that date back to 2002 with the Canada Marine Act review.

The Standing Committee on Transport, Communities and Infrastructure, of which I am a member, heard widespread industry support for Bill C-23, not only unanimous support from the membership of the Association of Canadian Port Authorities, but also from the Shipping Federation of Canada and the Chamber of Marine Commerce. They have all endorsed these positive changes that our government has brought in under the bill.

The Association of Canadian Port Authorities has been very clear in its submissions. While the Canada Marine Act has worked fairly well overall since its inception in 1998 and has been beneficial for the users of the ports, now the time is right to make changes that will allow port authorities to respond to shifting global supply chains and trade markets and to play an even larger role in Canada's economic prosperity. This is very important to us.

The Shipping Federation of Canada, representing virtually all of the trade moving between eastern Canada and ports overseas, has urged the government to move swiftly in ensuring its passage. It has stated:

--the amendments...will go a long way towards addressing the financial constraints under which Canada's ports have operated since the Canada Marine Act was passed in 1996, thus ensuring that Canada has a strong and competitive ports system that can fully meet present and future trade objectives.

The Chamber of Marine Commerce has stated:

--Bill C-23 appears to be the badly needed next step in the evolution of the competitiveness of Canadian ports and the future prosperity of Canada's system of marine commerce.

Those are the chamber's words, not ours. It has also encouraged all parties to act toward the swift passage of the bill in the House of Commons and the Senate.

We have heard from witnesses appearing before the standing committee that the various port labour interests also support these changes. We have been informed that the unions view these proposed changes positively as facilitating port growth and in turn creating jobs for their members from coast to coast to coast.

The message to the standing committee from industry stakeholders was very clear: we need to move quickly on Bill C-23.

When asked during committee how urgently the bill is needed, Mr. Sean Hanrahan of the Association of Canadian Port Authorities responded:

If all of this could be done with final proclamation by spring [of this year], that would be the best.

Mr. Hanrahan elaborated further:

Trade is projected to double by 2020, and that is 11 years away. We simply have to dovetail everything that encourages commercialization and development at the same time as we hit this impending growth.

Those are not my words. They are not the words of members of the government and they are not the words of members of the opposition. They are the words of the people who operate in our ports and they are saying that we should pass this bill quickly, that Canada needs it.

Indeed, I am pleased to inform the House that the standing committee concluded its clause by clause review very swiftly, somewhere in the range of 30 minutes, resulting in only one minor change to the bill to correct a typographical drafting error. This change in fact was a government sponsored amendment to bring the French and the English into consistency.

I should note that a minor consequential amendment to correct a drafting oversight is also in the works. This consequential amendment will simply fix a reference to the new numbering of paragraphs that is necessary to the acceptance of the government sponsored amendment.

I would now like to briefly address some of the key provisions of the bill.

Bill C-23 will recognize our ports as the significant economic contributors that they are to this economy. It acknowledges the role of marine transportation, signifying the government's recognition of this sector's vital contribution to Canada's economy, especially by ports that are critical to international trade. We are a trading nation and our success, the success of our economy and the success of our future generations, depends on the efficiency and effectiveness of our ports.

Many stakeholders have requested these amendments, suggesting that in order to respond to the challenges ahead, an explicit recognition of the marine industry's vital contribution to Canada's economy is essential to fostering further growth and the future success of our marine transportation industry.

Trade, capacity pressures, aging transport infrastructure and increasing pressures on transportation lands in urban settings are now part of the marine environment. Canada port authorities are critical components of trade gateways and require new tools in a new era of trade to respond to market forces in a timely manner in order to support Canada's international and domestic trade.

“Advantage Canada”, introduced by this government, made “modern transportation infrastructure” a core element of the government's agenda and recognized that Canada's ability to compete on the world stage is highly dependent on the efficiency of larger ports such as Vancouver, Montreal and Halifax. This bill takes great steps toward their efficiency.

We must ensure that Canadian port authorities have the tools they need in the years ahead, not just today but in 10 and 20 years from today. Bill C-23 introduces much needed flexibilities, enabling Canada port authorities to compete and prosper in this global market.

Bill C-23 will facilitate trade and complement our gateway and corridor initiatives such as the Asia-Pacific gateway and corridor initiative, the Ontario-Quebec continental gateway and trade corridor, and the Atlantic gateway, all three very important to jobs in this country. The flexibilities it will provide are absolutely imperative for Canada to take advantage of trade opportunities, both today and in the future.

It is imperative, as you know, Mr. Speaker, that our ports have access to a suite of modern financial instruments. How can they be successful without that flexibility?

In a speech delivered in British Columbia on May 4, 2007 at the International Conference on Gateways and Corridors, the Prime Minister indicated that the government would “make it easier for them to obtain financing for expansion and improvements”, referring to the ports.

New measures are required if ports are to expand their capacity to meet new demands.

Refining a framework, as proposed in Bill C-23, to provide more borrowing flexibility and access to relevant contribution program funding would also encourage the private sector and would encourage it to invest. This would enable governments to make targeted infrastructure investments that are in the public interest where important funding gaps in the system cannot be met by other levels of government or private investors.

Currently, Canada's port authorities are prohibited from accessing contribution funding, while other transportation modes do not have these legislative restrictions. We are bringing in an even playing field. Does it make sense to treat our ports differently from other modes knowing that it will limit their opportunities at a time when ensuring sufficient port infrastructure is absolutely critical to our success and to the success of our gateway and corridor initiatives?

Bill C-23 would permit CPAs to access federal contribution funding specifically for three things. The first is capital infrastructure projects. The second is security, which is so important since 9/11. The third is environmental initiatives, which are important to all Canadians.

More and more, we see the significant impact that transportation has on our environment. This is certainly true when we speak of our major marine ports, where a convergence of rail, road and marine transportation is part of everyday business and operations.

Many ports are already exploring new, greener ways of doing business, covering both land and waterside operations, from a greater use of diesel electric gantry cranes to more efficient and effective lighting and incentives for cleaner marine fuels and the exploration of alternative shore power.

Given the future economic benefits of more energy efficient transportation systems and improved quality of life for our local communities in particular, which all in this House are trying to do, this is an area where it makes eminent sense for the government to allow for strategic, focused funding at ports that is related to environmental sustainability. We want to encourage the environment in every aspect of Canada's economy, and we are doing that.

I would like to remind members that as of the end of November 2007 contribution funding for security enhancements through the Marine Transportation Security Act was in fact discontinued, yet security enhancements continue to be required for Canada's port authorities.

Canada's port authorities, shipping lines and shippers have all made it very clear that the federal government should continue to contribute toward the cost of national security, particularly in light of the funding being provided to ports for increased security in the United States. We should have and give to them a competitive environment so they can succeed against their competitors in the United States.

It is essential that the government maintain a sound security posture to reassure the travelling public and its partners, to ensure the continued flow of international trade, and to make our country more secure.

Without question, the Canadian port authorities must be able to operate their assets in a commercial manner. They need to be able to set fees and negotiate commercial leases and contracts that are market driven and competitive. They also need a more dynamic and responsive borrowing regime that is adaptable to changing circumstances. This is paramount if our ports are to take advantage of the anticipated increase in trade.

This amendment is important not only for the ports, but for Canada's entire economy. That is correct: the economy of Canada. We all know that major financial investments require the collaboration of a number of parties, be it the port authorities themselves, the municipalities, the provinces, other modes of transport or private sector investments.

Currently, port authorities can only seek an increase in their borrowing limit by making a request to the Minister of Transport, Infrastructure and Communities to amend their letters patent. It is quite the process. It takes a long time.

With this new amendment, those ports that meet certain conditions, and have the capacity to do so, could assume a larger debt obligation consistent with a borrowing code, to make sure they can pay it. Such a regime would maintain the accountability this government stands for, yet would allow ports to respond to opportunities more efficiently and recognize their changing financial circumstances as our trade doubles in 11 short years.

Recognizing that many of our ports are already operating at capacity today and feeling the pressure of increased trade, it is not difficult to imagine the capital infrastructure funding that will be required for our ports to respond to the anticipated growth in trade in the coming years.

Patrice Pelletier, CEO of the Montreal Port Authority, told the committee that the authority would need to invest a minimum of $220 million to maintain existing infrastructure and an additional $500 million to make necessary expansions to the port over the next five years, and that is only for the port of Montreal.

Captain Gordon Houston, CEO for the Vancouver Fraser Port Authority, told the committee that this port has $350 million worth of commitments on its $500 million borrowing capacity in addition to a $1.3 billion terminal that is to be built, bringing the total up to somewhere around a $1.7 billion requirement, potentially. Those are the port authority's words, not ours.

These amendments to the Canada Marine Act will also strengthen governance. It is hard to argue against strengthening long term stability and continuity in the governance of our Canada port authorities.

Although the Canada Marine Act already allows for amalgamation of ports, as was evidenced in the recently amalgamated Vancouver Fraser Port Authority which we see as being very successful in meeting the demands of international trade, it is recognized that certain amendments would make future amalgamations easier and these amendments are welcomed. When a strong business case exists for the amalgamation of ports in the future, Bill C-23 would ensure that the process is clear and the transition transparent and streamlined.

In conclusion, Bill C-23 is extremely important. The ports have been waiting for these changes and are encouraging all parties, from the Liberals to the Bloc to the NDP, to pass this bill as soon as possible. I would, therefore, encourage all members in the House to pass this bill as quickly as possible, so that our colleagues in the Senate can start the process of reviewing this bill without any delay and we can get one step closer to this bill, a very important bill and the future of our economic prosperity, becoming law.

[Lawrence Cannon, Conservative, Minister of Transport]

moved that Bill C-23, An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence, be read the third time and passed.

The House resumed consideration of Bill C-23, An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence, as reported (with amendment) from the committee, and of the motion in Group No. 1.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, I am pleased that the House of Commons has just now voted to approve the budget implementation bill at second reading. The bill will now proceed to the Standing Committee on Finance where it will be studied by members of that committee.

I know that the Liberal Party originally said that it adamantly opposed the bill, so we welcome its change of heart yesterday with its help to defeat the NDP motion, which would have effectively killed the bill, and its kind cooperation today to make sure it passed at second reading.

As I am sure the Liberal House leader is aware, the passage of the bill is important to the stability of the Canadian economy during a time of global economic uncertainty and to reduce the immigration application backlog that is causing Canada to lose much needed talent from potential immigrants. We hope it will be dealt with quickly at committee so that we can have it back to the House for third reading, where I am sure it will once again receive the same warm greeting.

Today and tomorrow, we will continue to debate Bill C-23, which amends the Canada Marine Act; Bill C-33, which will regulate a renewable content of 5% in gasoline by 2010, and 2% in diesel fuel and heating oil by 2012; and Bill C-5, which has to do with responsibility in the event of a nuclear incident, as part of Improving the Health and Safety of Canadians Week.

Next week will be a stronger justice system week. We will start by debating, at report stage and third reading, Bill C-31, which amends the Judges Act to allow the application of additional resources to our judicial system.

We will also consider Senate amendments to Bill C-13, which is our bill to amend the Criminal Code in relation to criminal procedure, language of the accused, and other matters.

We will then continue by debating Bill S-3, our bill to reinstate modified versions of the anti-terrorism provisions--the investigative hearings and the recognizance with conditions provisions--in the Criminal Code. This important piece of legislation, which has already passed the Senate, will safeguard national security while at the same time protecting the rights and freedoms of all Canadians. I hope all members of the House will work with the government to ensure its quick and timely passage.

We will debate Bill C-26, which imposes mandatory prison sentences for producers and traffickers of illegal drugs, particularly for those who sell drugs to children.

Lastly, time permitting, we will start debating Bill C-45, which has to do with our military justice system.

With regard to the bill dealing with aboriginal human rights, we understand, sadly, that the opposition parties gutted the relevant provisions and protections in it. Therefore, I am surprised by the enthusiasm of the opposition House leader for it. Perhaps if the members are, as they were on Bill C-50, prepared to reverse their position and support the restoration of those meaningful principles, we would be happy to bring it forward again.

Canada Marine Act

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, I am pleased to rise in the House today to speak to the amendment that was tabled. Of course there have been some points raised about relevancy, and I want to start by talking about the fact that our duties as parliamentarians include paying very close attention to bills that come before the House.

I wish I could say that errors and omissions in bills are a rarity, but unfortunately in the tenure of this House we have already seen a voter identification bill with such serious flaws that the government had to introduce another bill to try to correct one error. There should have been appropriate scrutiny of that bill by all members of the House instead of the New Democrats standing alone to oppose it because we were concerned about its very deep and serious flaws.

People talk about the waste of taxpayers' money. If appropriate attention had been paid to the voter identification bill, the government would not have had to introduce a bill to fix it, which then took up House time and parliamentary time. Now there is another bill before the House for which a minor amendment has been produced.

The member for Windsor West has done extremely good work in raising some very serious concerns about this bill. The question the NDP has is whether a simple amendment of the letter “a” is sufficient to correct all the flaws in the bill. Of course we would say no, it is not.

I want to thank the member for Victoria for her very good words and I will be echoing some of them, because I too have been a municipal councillor. A number of us on the New Democrat side of the House have been municipal councillors and understand that the rubber truly does hit the road in our communities with municipal councils. I want to talk a bit about the importance of this bill to our local communities.

There is a port authority in my community, the port of Nanaimo, and it is a very important part of downtown Nanaimo. The reason New Democrats have been speaking is that we are very concerned about the ongoing health and vitality of the ports. Certainly there were some positive things in the bill, but there were a number of things that we are concerned about in terms of maintaining the vitality of those ports.

In my own city, the port of Nanaimo businesses generate 3,700 direct jobs and $115 million in direct wages. There are in excess of a total 10,000 jobs nationwide related to the port of Nanaimo after including a multiplier--these are the induced and indirect effects--and these jobs generate $335 million in total wages.

In British Columbia, port of Nanaimo businesses generate over $160 million in direct gross domestic product and over $410 million in direct economic output. The total national economic impact of the 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 services supplier industries that result from the presence of the port of Nanaimo's direct employers.

An example of port of Nanaimo indirect employment would be the supply 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 the port of Nanaimo businesses. This brochure I am reading from concludes by saying, “Port of Nanaimo produces jobs!”

Anybody who has ever visited my riding of Nanaimo—Cowichan and this my part of my community, Nanaimo, sees a vibrant port. The port has a commercial fishing fleet. During the summertime, people come from literally the whole Pacific northwest to enjoy the activities that take place. A walkway built around the port is heavily used. Any Sunday afternoon people will see families from all over the city enjoying the very beautiful walkway.

That leads me to one of the points that the member for Windsor West has raised around the importance of how the boards of directors are made up at these port authorities. Port authorities have a distinct local flavour. They have a direct impact on jobs, recreation, environment and businesses. One would hope that the board of directors would ensure a linkage between the local community and the port itself.

The member for Windsor West has rightly identified some problems with the number of board members and the appointment procedure. One would hope that every effort would be made to ensure that local voices are adequately represented on these boards of directors, because that participation in the local economy and local livelihoods is important. Instead, Bill C-23 fails to address some of the concerns raised by the member for Windsor West.

Other members have raised issues around land use planning at port authorities, connections with local municipal councils or regional districts, and the broader connection to community.

The member for Victoria raised the fact that as former municipal councillors we are hoping that more municipal councils become greener. One way we are encouraging municipal councils to become greener is to look at this triple bottom line accountability that everybody is talking about: people, planet and profits, in the simplest way.

We of course want to see port authorities planning integrated into municipal planning. The city of Nanaimo and most municipalities in British Columbia have something called official community plans, OCPs. These official community plans lay out a vision for the community and are regularly reviewed. If municipalities are going to deviate from the official community plan, they often must have hearings or pass special zoning amendments.

When I was on the municipal council in North Cowichan, the development of the official community plan was a wide, community based consultation process. People from all over the community came together to talk about their vision for the community, whether it was with respect to recreational use, land use planning or community identification. There was a myriad of issues.

As the port of Nanaimo and the city of Nanaimo go through their community planning process, it is very important that the port be integrated into that official community planning process. Again, it is important that these plans consider the triple bottom line.

There are substantial land use planning issues around the port of Nanaimo. When the port makes a decision about land use planning, it must fall in line with how the residents of Nanaimo want their community to look. Unfortunately, when we look at appointments for boards of directors, it does not ensure that this very close linkage happens.

We have examples in other areas. The member for Trinity—Spadina has raised some issues around the Toronto Port Authority. The member for Vancouver East has raised issues around the Vancouver Port Authority and how it often goes off willy-nilly without considering the important issues the community has outlined as its future vision for that liveable community for their children and their grandchildren. Local representation is essential in terms of making sure that ports fit in with a community's vision.

In addition, the member also raised some issues around transparency. Among other things, the member for Windsor West called for the Auditor General to have the power to probe port authorities' financial practices. One would think the Conservatives would welcome this kind of oversight, because they often talk about transparency and accountability, yet when they have an opportunity to do that, they fail to follow through.

That would have been an important amendment. If we are talking about adding the letter “a”, why not just stretch it to “Auditor General oversight and accountability”? Those are two very good uses for the letter “a”. They would have been welcomed by the New Democrats as an improvement to the bill.

It is time for me to wrap up. Although we will be supporting the amendment on the letter “a”, once we get through the amendment stage I would encourage all members to vote against the bill itself.

[Denise Savoie, NDP, Victoria, BC]

Mr. Speaker, I am pleased to speak to Bill C-23. It addresses some of the valid concerns of Canada port authorities with the current conditions of the Canada Marine Act, the Canada Transportation Act and the Pilotage Act.

Port modernization is required as part of the government's new policy framework for strategic gateways and trade corridors. This is to bring Canada's ports more in line with what is happening around the world where ports are obtaining government funding for infrastructure, environmental and security initiatives. This includes long term access to federal funding for security considerations as well. This has been intended to satisfy our international trading partners' security concerns.

These goals we support. Our ports are the face we show to the world. Their development and their management should be the best in the world.

My criticism of the bill stems from my observations as a local councillor in a small city with a harbour authority. The bill is deficient as drafted and amended and does nothing to ensure more public accountability for the use or management of what we should remember is public property. It does nothing to ensure the sustainable development of Canadian ports and harbours.

At committee, my colleague from Windsor West presented some amendments that would have gone a long way to ensure accountability. His amendments were deemed inadmissible by the chair because they supposedly went beyond the scope of the bill. It is clear that the bill was deficient as drafted initially and this is what I would like to speak to.

Parliamentarians of this government and the former Liberal government gave the bill such a narrow scope and seemed clearly unwilling at committee or in the drafting of it to address some of the problems of accountability in dealing with the management of lands that belong to the public and that should be managed in the public interest.

I would like to give an example of what our party's critic tried to do at committee. He presented an amendment. I quote what he said:

This amendment here is intended to provide some balance, and also, hopefully, provide better relations between the port authorities in some areas where there are some difficulties. We all heard from testimony that even if you're appointed to the port authority through a municipality--it doesn't matter where, with the federal government, etc.--your loyalty is still, at the end of the day, to the port authority. What I'm hoping through this amendment is that you're going to see greater weight for people in that area.... But we heard testimony that--for anybody who is appointed there--the number one priority is to administrate the port.

In support of the argument made by my colleague, the Greater Victoria Harbour Authority includes a couple of elected representatives, a mix of groups from the tourism sector, the Victoria Chamber of Commerce, and the Victoria-Esquimalt Harbour Society, which is also largely industry representatives. Those are all fine organizations, but they do not necessarily represent public interest. Several private interests do not constitute public interest. Essentially in Victoria and across the country we have private clubs that control public properties with no accountability to the public.

Although one would think the elected officials appointed to the board would be accountable to their electors, this is not the case either. Instead, as my colleague pointed out, they must commit their loyalty to the board, not to their electors, Certainly in Victoria the board has taken on an even more corporate model.

There is an obvious problem of possible conflict of interest that might arise, but even more so, this is happening with the complicity of the federal government. Neither Conservatives nor Liberals seem to see any problems with that.

It was clear in reviewing the testimony at committee that agencies' interests were represented during the review of this bill, but I did not see how the interests of port communities were represented. I think it is fair to question whether the interests of port agencies always coincide with those of the community. I would say that is not the case judging from some of the examples that were identified.

Rather than dwell on the problem, I would like to propose a measure to the government that could have been added in drafting Bill C-23 to really modernize the Canada Marine Act, the Canada Transportation Act and the Pilotage Act that would have ensured that the interests of the communities were served by port authorities and that would have ensured the accountability in the governance of what is public property, that is, what does belong to the public. The principle is what I would call a triple bottom line approach. This is a business principle that measures corporate or government performance along three lines: profit, environmental sustainability and social responsibility.

Triple bottom line considers people, planet and profit, the principle being that environmental quality and social equity are just as important as profit. In fact, the phrase “triple bottom line” was coined by John Elkington, co-founder of the business consultancy SustainAbility. He wrote Cannibals with Forks: the Triple Bottom Line of the 21st Century Business. Triple bottom line reporting has become increasingly popular among large companies worldwide. A KPMG survey shows 45% of 250 global companies publish a corporate report containing details of environmental and social performance.

Adding a clause in the bill requiring that all presently held federal harbour or port properties be managed or divested to port authorities on a triple bottom line basis would begin to ensure public values--