An Act to amend the Marine Liability Act and the Federal Courts Act and to make consequential amendments to other Acts

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

John Baird  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 Parts 3 and 4 of the Marine Liability Act to clarify certain rules of the limitation of liability of owners of ships for maritime claims and liability for the carriage of passengers, in particular the treatment of participants in adventure tourism activities.
It also amends Part 6 of that Act to implement the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 as well as the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. The enactment continues, in Part 7, the Ship-source Oil Pollution Fund and modernizes its governance. With respect to Part 8, it includes general provisions relating to the administration and enforcement of offences under that Act and creates a maritime lien for Canadian ship suppliers against foreign vessels and establishes a general limitation period for proceedings not covered by other limitation periods.
Finally, this enactment amends the Federal Courts Act and makes 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.

Marine Liability ActGovernment Orders

February 25th, 2009 / 4:40 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, I thank the member for underscoring the fact that I touched upon this, that I addressed it and that he lost interest in everything else that was larger than this bill.

He knows we will talk about this in committee. He knows very well that I have already said that on this side of the House, the official opposition will support the mechanisms that bring the Canadian system back up to the international conventions that he has highlighted and that make up a part of the fund from which that liability inherent in this bill will be drawn upon in order to bring the vessel owners and tour operators into line.

How could I possibly give him an answer other than the one he expected?

Marine Liability ActGovernment Orders

February 25th, 2009 / 4:40 p.m.
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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, my Liberal colleague's love for the Conservatives was palpable in his speech. When they tabled their last budget, he also had lovely things to say about the Conservatives' budget. Keep it up, the relationship is really great.

While this budget which he supported provides more than $400 million for VIA Rail, I got the sense from his speech that perhaps his position regarding that company was not clear. I would appreciate it if he clarified his position.

Yesterday, the premiers of Ontario and Quebec endorsed a feasibility study for a high-speed rail line along the Quebec City-Montreal-Windsor corridor, but said that the Prime Minister was not as much of a fan. Given that $400 million is at stake, I would like to know what the member's position is. Is he a fan of a high-speed Quebec City-Montreal-Windsor link?

Marine Liability ActGovernment Orders

February 25th, 2009 / 4:45 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, my colleague from Argenteuil—Papineau—Mirabel has talked of love. We are in love with the idea of serving the public and ensuring that, with this service, the people of Canada will have infinite infrastructure possibilities in the future.

I am very much a fan of the idea of a high-speed train, and have been for some twenty years. As the hon. member is aware, I have raised it several times in committee. Why are we so hesitant?

There have already been a number of studies. He knows very well that the costs of past studies add up to over $2 billion. Twenty or so years ago, when the idea first came up, the total cost for a high-speed train from Quebec City to Windsor would have been around $4 billion or $5 billion. Today, we might be talking $20 billion to $25 billion, but we do not know.

I do not know why the two provinces, Ontario and Quebec, have not yet completed the studies necessary for the creation of a high-speed train. We know that the Transport Canada studies have been completed. It simply means that the Prime Minister, his Minister of Transport, Infrastructure and Communities and the Parliamentary Secretary to the Minister of Transport, Infrastructure and Communitieshave no desire to encourage the creation of a high-speed train. That is too bad.

Marine Liability ActGovernment Orders

February 25th, 2009 / 4:45 p.m.
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Bloc

Gérard Asselin Bloc Manicouagan, QC

Mr. Speaker, I have listened carefully to the hon. member's speech. It was a good and impassioned speech. This member has certainly done a fair bit of research in preparation and it showed. The Premier of Quebec, Jean Charest, talks of developing the north. That is my part of the world. He also talked of developing the Manicouagan rail system in order to develop the north and providing access to the mining industry.

Mr. Speaker, I would like to ask, through you, for unanimous consent from the House. I know that the hon. member has a lot to say about this. He has a very interesting speech, especially the part concerning the north and rail development in Manicouagan. I would like you to seek consent for the hon. member to have an extra 20 minutes for his speech.

Marine Liability ActGovernment Orders

February 25th, 2009 / 4:45 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, I cannot say whether unanimous consent exists. I can only agree with the member. I am prepared to go on for another 20 minutes or more, if he wishes. However, House procedure requires that other members be given the opportunity to express their opinion about whether they wish to hear more from yours truly.

Marine Liability ActGovernment Orders

February 25th, 2009 / 4:45 p.m.
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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am pleased to speak on behalf of the Bloc Québécois about Bill C-7, an act to amend the Marine Liability Act and the Federal Courts Act and to make consequential amendments to other Acts.

For your benefit and that of everyone listening, I would like to read the bill summary:

This enactment amends Parts 3 and 4 of the Marine Liability Act to clarify certain rules of the limitation of liability of owners of ships for maritime claims and liability for the carriage of passengers, in particular the treatment of participants in adventure tourism activities.

It also amends Part 6 of that Act to implement the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 as well as the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. The enactment continues, in Part 7, the Ship-source Oil Pollution Fund and modernizes its governance. With respect to Part 8, it includes general provisions relating to the administration and enforcement of offences under that Act and creates a maritime lien for Canadian ship suppliers against foreign vessels and establishes a general limitation period for proceedings not covered by other limitation periods.

Finally, this enactment amends the Federal Courts Act and makes consequential amendments to other Acts.

To begin, I would like to say that the Bloc Québécois will be supporting this bill. Obviously, we cannot be against updating the Marine Liability Act and the Federal Courts Act and implementing the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, as well as the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992.

There is, however, a problem. The speeches in this House, including that of the parliamentary secretary, talk about urgency. Rightly so. The government has been boasting about signing these conventions. Except that as long as the legislation is not amended, the government cannot implement the conventions.

Yes, we will agree to this and we will help ensure that this law is created through Bill C-7. However, it is important that we discuss some of these issues. Speeches are nice. And it is nice to say, as the parliamentary secretary did, that we need to update and implement these things, and quickly. However, there was the same urgency in the last Parliament, and the Conservative government decided to call an election for purely political and partisan reasons, even though the Prime Ministerhad passed legislation on fixed election dates. Back then, there was no problem. There was no urgency about this bill. That was in September 2008. It was in 2001 and 2003 that we signed the conventions that we cannot implement today.

The question I asked the parliamentary secretary is important. For our part, we are working. As a responsible political party, we have always done our part on all the committees of the House of Commons. As you know, we are the only party that defends the interests of Quebeckers.

Given that we have the St. Lawrence, a magnificent tool, we cannot be opposed to this bill. The problem is that we have to be able to implement this bill as soon as possible, before there is a disaster. For example, there could be a shipping accident that creates a natural disaster, and we would not be able to determine who is liable or we would not have the money to clean up the parts of the river contaminated by an oil spill.

What we in the Bloc Québécois are saying is yes, we want to get down to work, but we need to guarantee results. Otherwise, we create expectations, and the general public could well pay the price one day, just because a Conservative prime minister decided for partisan reasons that it was time to call an election. The Bloc Québécois had good reason to support a coalition even though it was not part of the coalition government: we wanted to work.

That was the goal. We were not part of the coalition government, but we wanted to move things forward at a time of economic crisis, and we guaranteed a stable government for the term of the agreement.

It is important to understand that when the Bloc Québécois gets up in the House of Commons, it is acting in the interest of Quebeckers. This bill, which is very important, should survive. We should do everything we can to make sure that happens, to achieve our goal, which is to implement this bill. After analyzing this bill, no one can be opposed to amending the Marine Liability Act or making companies liable.

During long debates in this House, we had the opportunity to discuss shipowners' property. Moreover, a former member of this House owned ships that flew different flags, none of them Canadian. Often, shipowners do this for civil liability reasons. It allows them to hire cheaper labour, but it is primarily for civil liability reasons. We need to address this situation. Too many multinationals are making huge profits and shirking their responsibilities. These conventions were signed for a reason.

When representatives of shipowners were asked about this in committee, they told us that that is how the industry's market works. So, yes, that is what the industry must do to remain competitive. It must employ workers at lower wages and make sure it has as little civil liability as possible in the event of an accident or anything that could jeopardize the business or eat into its profits.

They operate vessels that belong to them under different flags and use tax havens, and so on. When asked in committee, they very candidly told us that that was the industry's role and that was how it works in the industry. It is time to clean up the industry. When disasters and accidents happen, or when enormous sums of money have to be paid to decontaminate or clean up waters, all too often the companies disappear, the subsidiaries vanish and there is no one to take responsibility. Such legislation is therefore very welcome.

This brings me to the work that must be done on such a bill. The parliamentary secretary told us that he drafted this bill with the industry. However, in committee, we must be able to call the necessary witnesses: first of all the industry, to ensure that discussions did in fact take place, but also everyone who might have a direct or indirect connection to the bill. This will allow us to see if the bill will be effective. It is indeed important to add measures and create a compensation fund, but is that enough?

Researchers and academic experts in the field have analyzed what was happening around the world. It is important that we do a good job. These conventions were adopted in 2001 and 2003. However, it is now 2009 and we still do not have any legislation to implement them. If we implement one, it should at least be the right one. That is what the Bloc Québécois will work towards throughout the committee process.

It is important to realize that this is the fourth bill that the Conservatives have sent to the committee. A certain order is required. It is fine by us, the committee members. However, with each bill we should at least ensure that the appropriate steps are taken. Thus, witnesses are invited, and so forth. It is as though they want to pass, in the next three weeks, all the work done by this government in the past three years so that they can then call an election.

That is why I am asking these questions. Many bills are being referred to the Standing Committee on Transport, Infrastructure and Communities. We are prepared to do our job. That is not a problem. However, we want to understand and try to guess why this all has to be done in a mad rush. In the last session, when in power, the Conservatives had to set aside many bills because they decided to opt for an early election and contravene their own legislation. We are not required to adopt any old thing just to please them.

That worries me a little. The Liberals have become buddy-buddy with the Conservatives to the point that it is even embarrassing. That is their decision. It does not matter except that we see them going into the committees. For example, I am thinking of the meetings of the Standing Committee on Finance held this week. I briefly watched the proceedings on television and I saw how they cozy up to them, so much so that they have no backbone left. I watched Quebec members, including the member for Bourassa. It was quite something to see them turn themselves inside out and adopt things that they would never before have accepted in their lives. All because they want to save their seats in the House of Commons. I find that hard to take.

I repeat, the Bloc Québécois is doing what it has to do. We may not be buddy-buddy, but we like to work in committee to advance the interests of Quebeckers. We have always done so, I have ever since the first day I was here back in 2000, and so did those who were here before me. We are a highly responsible party. We can move ahead on files provided we can get a good look at them. But when we get four bills rushed at us simultaneously, that creates problems. We will not be able to pass them all on the same day, and choices will have to be made.

I will leave it to the parliamentary secretary to speak to the Minister of Transport, Infrastructure and Communities. It was fine, he met with us twice. The first time he had a lot to say. We used the text he had distributed just about everywhere in Quebec. The second time he had just about nothing to say. We will see what happens the next time. People who think that Parliament is a boring place where nothing happens are wrong. They need to look at what gets done in committee to understand that MPs are not sitting doing nothing, they are in Parliament to make changes.

As for Bill C-7 on marine liability, there have been examples. We have been pretty lucky in Quebec and along the St. Lawrence. With the exception of an incident ten years or so ago, we have been spared as far as accidents go, touch wood. Yes, we have been spared but this is nonetheless a very worrisome situation. The ships that ply our waters are getting bigger and bigger all the time. When damage does occur, it will be bigger too.

There needs to be an update, if only of the fines, the penalties or compensation to be paid. The polluter pay principle is part of this bill. Where the environment is concerned, the Bloc Québécois has always defended that principle. As for the Conservatives—and I was pleased to see it just now—the parliamentary secretary got really worked up about the polluter pay principle. You never can tell with the Conservatives. When it suits them, it is polluter pay, and when it does not, it is pay the polluter.

Finally, in terms of the environment, the Conservatives are dreaming up intensity targets with 2006 as the base year when the Kyoto protocol uses 1990 as the base year. All of the efforts made by Quebec's manufacturing industry since 1990, with the aim of being eligible to sell credits on the international market, will be for nothing. The year 2006 has been chosen because the oil companies did nothing between 1990 and 2006. They will be rewarded. Those that polluted the most in comparison to the 1990 Kyoto standard will be the ones that will receive the biggest reward. It is the concept of polluter-paid. They will receive help to reach the goals.

The Conservatives know it and the Prime Minister has tried hard to justify it.

I listened to his reaction to the speech by the President of the United States, Mr. Obama. The Prime Minister said that intensity targets and absolute targets are one and the same. Experts know that they are not the same. Of course, for the public who do not have the opportunity to follow all of these issues every day, it is not easy to keep up.

I had the opportunity to tour the regions with the leader of the Bloc Québécois in January. The mayor of Rivière-du-Loup told us that with absolute targets he would be able to sell his credits because he has a landfill and has reduced his greenhouse gas emissions. He made a point of telephoning the European carbon exchange and was told that he is not eligible because he is in Canada and Canada does not conform to the Kyoto protocol. So he will never be able to access the carbon exchange. Currently, it is the only exchange in the world that applies. There is the Chicago Exchange, and European exchanges, but no Canadian businesses are eligible because Canada does not conform to the Kyoto protocol and does not participate in it.

The Prime Minister is trying to set up his own carbon exchange with 2006 as the base year. He is probably trying to convince the U.S. to do the same. Members will have gathered, however, that a Canada-only carbon exchange would carry a lower cost, given that there are much fewer businesses capable of buying carbon credits in Canada than there are worldwide. The mayor of Rivière-du-Loup could have made $1 million from the sale of his credits on the world market. On the Canadian market, he could get $200,000 or so for his credits. This would mean lost profits of $800,000 for him because the Government of Canada decided to set up its own carbon exchange with a much smaller market and, thus, much smaller amounts being paid for carbon credits.

I chose the example of a municipality which would need that $800,000 or $1 million for its citizens, because there is a landfill in that municipality, which is something of an inconvenience. The fact is that, sometimes, offsetting that with credits that benefit the community helps make up for other situations which have a negative impact on the community.

We have heard the parliamentary secretary praise the polluter pay principle. I hope we will see this trend continue with all this government's bills and decisions. I encourage the parliamentary secretary to work, especially with his colleague, the environment minister, and even more so with the Prime Minister, to make absolutely sure that the same polluter pay principle will be applied. Of course, the tar sands are in large part located in the parliamentary secretary's riding, which tells me that he himself will have a hard time—

Marine Liability ActGovernment Orders

February 25th, 2009 / 5:05 p.m.
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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

All of it, 100%...

Marine Liability ActGovernment Orders

February 25th, 2009 / 5:05 p.m.
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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

All of it. I am glad to hear that, but maybe it is time to sell the polluter-pay principle to the companies developing the oil sands in his riding and use 1990 as the reference year. Then, we would be proud to stand up in this House and congratulate him on the great things he had done for the environment, which is something we cannot really do now.

But he is a great guy. I have a lot of fun with the parliamentary secretary in committee, and we are going to keep on working. Still, in politics, we have to make choices that go against what the people want.

In Quebec, our paper mills, our manufacturing plants, our aluminum smelters have made major efforts. They are going through an unprecedented economic crisis, and the government has done nothing about it. The money that has been invested in the manufacturing and forestry industries is really not much compared to what has been invested in the automotive industry. When we think that the solution would be to sell carbon credits, we can only stand up in this House and defend Quebeckers' interests. I congratulate all my Bloc Québécois colleagues, because that is what they do best, and that is why, election after election, we are always re-elected with a large majority.

Marine Liability ActGovernment Orders

February 25th, 2009 / 5:05 p.m.
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Conservative

Patricia Davidson Conservative Sarnia—Lambton, ON

Mr. Speaker, I would like to commend the member across for his comments. We have certainly heard a lot of verbiage here this afternoon. I thought we were debating Bill C-7, the Marine Liability Act, so perhaps we can get back to some discussion on that issue.

It has been made clear by the parliamentary secretary that the bill ratifies two international conventions. It clarifies the liability for shipowners. We have stakeholders who are very supportive of it. Major shippers are supportive. It clarifies issues regarding insurance and liability. The marine adventure tourism industry is supportive because it removes onerous liability regulations that have been in place since 2001, which is certainly a considerable length of time that these operators have had to deal with these onerous regulations.

We also know that there was little interest shown when conventions were tabled for comment earlier this year. Now we are here and the questions are being asked: Why do we want to proceed now? What will this do?

Very clearly, the bill is linked to the government's environmental agenda and the mandate to focus on initiatives that address marine pollution. When we are standing here today debating Bill C-7, we need to remember those things.

We are talking about ratifying international conventions. We are looking at taking positive steps toward ensuring we have the most comprehensive liability issues. My question to the member opposite would be, what is his position on the bill and would he support it and move it forward with these positive improvements that are included in it?

Marine Liability ActGovernment Orders

February 25th, 2009 / 5:10 p.m.
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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, it sounds as though my colleague was not listening to me, because I said that we would support the bill and call the necessary witnesses. Now that I have her full attention, I will go on.

Her party might have to make some choices. This is the fourth bill the Conservative Party has referred to the Standing Committee on Transport, Infrastructure and Communities, so there will have to be an order of preference. This is not the first bill to be introduced. I understand that the matter is urgent. The MOUs were signed in 2001 and 2003. The Conservatives have been in power since 2006. They decided not to make this an urgent matter during the last Parliament, but now they are making it an urgent matter.

I asked the parliamentary secretary to make sure that his Prime Minister did not call an election so that we could complete our study of this bill. During the last Parliament, they passed fixed election date legislation again, then failed to comply. The member herself did not comply.

The Conservatives have to get their act together. Sometimes problems can be solved when the right hand knows what the left hand is doing.

Marine Liability ActGovernment Orders

February 25th, 2009 / 5:10 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, I want to ask the member for Argenteuil—Papineau—Mirabel a question.

He accepted the parliamentary secretary's invitation to talk about the environment, emissions and so on. The government members asked him a question about whether he would support a plan for the environment.

Is he aware of the government's environment and greenhouse gas emissions reduction plan—if there is such a thing? Is this the first time he has heard the government talk about a bill or a plan involving the environment? All of these things are being buried in a bill that has nothing to do with the environment or emissions, a bill that merely addresses liability—

Marine Liability ActGovernment Orders

February 25th, 2009 / 5:10 p.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

Order, please, I am sorry to interrupt the hon. member for Eglinton—Lawrence, but I must allow the hon. member for Argenteuil—Papineau—Mirabel a few minutes to respond to the question.

Marine Liability ActGovernment Orders

February 25th, 2009 / 5:10 p.m.
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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I thank my hon. Liberal colleague for his very appropriate question.

In his speech, the parliamentary secretary talked about a bill for the environment. Furthermore, the question asked earlier by the Conservative member referred to an environmental bill. But this is not a bill for the environment. It is a bill to establish insurance and compensation funds in the event of a pollution problem. This in no way solves the environmental problems. It is a problem involving pollution, oil residues and so on. Thus, we are talking about a liability system to find the guilty parties and determine who should pay. We are talking about compensation funds that will be used to pay the cost of environmental cleanups. Thus, it is not an environmental bill; it is a bill to deal with pollution.

My colleague is quite right; the Conservatives are making this bill into a huge environmental project. There is a problem with their position.

Marine Liability ActGovernment Orders

February 25th, 2009 / 5:15 p.m.
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Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

Mr. Speaker, I also have a question for my hon. colleague across the floor.

The fact is that this bill would increase the compensation amount for tanker oil spills up to $1.5 billion. That is pursuant to the international convention that the bill would ratify. In addition, it would increase compensation amounts for oil spills from other ships up to $250 million. This is all to do with combatting pollution.

I suppose it is possible for the opposition to ask why are we turning this into an environmental bill. It seems perfectly clear that what we are trying to do is to increase protection for the environment.

I listened carefully to my friend's comments and through the whole of them I did not hear him raise any objection to these apparently laudable praiseworthy goals for this legislation.

I would like to know from my colleague opposite whether he thinks there is anyone, outside of perhaps the big polluters who might disagree with this kind of protection for our waterways, who disagrees with it. If he does not know of anyone who disagrees with it, does he disagree with it? If he does not disagree with it, will he help us get it passed so we can move on to other issues?

Marine Liability ActGovernment Orders

February 25th, 2009 / 5:15 p.m.
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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, for the third time, I repeat, we agree with the bill. That said, we would like to call some witnesses. We will call professors and scientists who are experts in the field to appear before the committee. However, his position is much more realistic, in that he is talking about pollution and compensation.

It would be nice if he could speak to the parliamentary secretary and the Conservative member who asked me a question earlier, because they were taking about an environmental bill. I am not the one who mentioned that; they did. It would be nice if the Conservatives would talk to each other. That could clear up some problems.