Bill C-3 (Historical)

An Act to amend the Arctic Waters Pollution Prevention Act

This enactment amends the definition “arctic waters” in the Arctic Waters Pollution Prevention Act to extend the geographic application of the Act to the outer limit of the exclusive economic zone of Canada north of the 60th parallel of north latitude.

Arctic Waters Pollution Prevention

[Joe Volpe, Liberal, Eglinton—Lawrence, ON]

Mr. Speaker, I would like to speak to this bill on a personal basis, as well as a representative of the Liberal Party, Her Majesty's official opposition. As an individual Canadian, and I am sure like all parliamentarians in this House, I welcome the fact that the Government of Canada, any Government of Canada, takes a proactive measure that says what we are going to do is advance the cause of Canada; we are going to advance the interests of Canadians; we are going to promote all those things that make us richer, not just in financial terms but in cultural, social and political terms as well, and more productive for all to see—in other words, that we want to take our rightful place in the world. We see that. We do that with great pride.

The minister, as I said in my intervention a moment or two ago, addressed the issue of this being a powerful demonstration of our commitment to the north, to our claims in the Arctic, and our willingness to take a rightful position in the north, and in fact, in the entire world. Then he said, as well, it is without precedent.

So we want a powerful demonstration of defence of Canadian interests.

Do members know how much we want that, those of us from the official opposition, those of us who work here but want to carry on the tradition of Liberal governments that looked out for the interests of Canadians throughout the ages in all aspects of Canadian interests?

In 1970, so much for unprecedented, the Canadian government of the day, that of Prime Minister Pierre Elliott Trudeau, passed the Arctic Waters Pollution Prevention Act. It is the basis for Bill C-3, because that act gave the legislative powers to the Government of Canada to not only outlaw waste disposal in the north, but regulate a wide range of fields, including the construction standards of ships using the Arctic. It contained enforcement powers and a regime of civil liability for 100 miles and left the opportunity to extend that an additional 100 miles to be included in Canada's exclusive economic zone.

One might add, why did we not do that then? Did we not recognize Canadian interests should expand and extend that much further?

I will go back to the issue of unprecedented action. Governments of the day would appear to have had a rather mature approach to making claims, ones that the minister opposite just recognized, but we cannot do it unless we are in a diplomatic environment where other people recognize those interests, realize that they are legitimate, and are prepared to support them. Otherwise we have to engage in some military tactics in order to get our point across.

The government of the day continued its diplomatic efforts, and I noted that, reluctantly, the minister opposite conceded that, yes, there was some further activity in 1982 when, pursuant to that Arctic Waters Pollution Prevention Act, we signed on to an internationally accepted and mandated authority to extend those rights in what is, of course, the UN Law of the Sea, in article 234.

So we have had this authority for quite some time. One might say, why did we not extend it further? Why did we not do that before? One could pose that today in a petty partisan fashion, because after all, the government has been in office for three years and did not think this was important until now. But we are not going to do that, because we recognize that things change and as they change they demand different approaches by governments of the day.

One of those changes, of course, has been global warming and its impact on the navigability of Arctic waters. Because of the navigability of those Arctic waters being improved, there have been a series of interests by various governments and by various private sector organizations that decided they needed to look at the potential of the Arctic.

Keep in mind, it is the potential that is there. For example, scientists coming from the United States Geological Survey went and examined the potential of the subwater beds for conventional energy sources. Ever since the first oil crisis, people have been talking about the shortage of conventional energy resources, basically those that are petroleum-based, natural gas.

What did this centre discover? Well, it discovered that the Arctic holds some 13% of undiscovered conventional petroleum sources are resident in the Arctic. This is an estimated number and we are willing to allow that they may be wrong, that it may actually be underestimated. A further 30% of natural gas deposits may be resident in the Arctic. That is 30% of all potential in the world and a further 13% of natural gas liquids resident in the Arctic of all potential in the world.

We can imagine that there are people who are interested. What did they do? They have to look for indicators. For example, Shell recently paid $2.1 billion for the lease rights in Alaska, in the Arctic Circle. BP did something similar to the tune of $1.2 billion. These companies put money where their interests lay. Exxon contributed something like $585 million, according to a recent newspaper article, for similar rights.

These companies, private sector corporations, interested in exploiting the potential that is held in secret by Arctic waters and ice are now looking at the potential to go and make exploration and economic development. They are doing it.

Countries, on their part, are beginning to do the exploration necessary to see to what extent they can lay their appropriate claim to that territory. We saw the Russians do it recently.

Government members opposite say, “Baa haa haa, that was a gimmick”. Maybe not so much more of a gimmick than that of the Minister of National Defence who decries the fact that the Russians are going in overflights on Canadian territory without telling us, and then we find out not only is that not an accurate reflection of the truth but it is also a distortion of the reality.

Then we find that the Minister of Foreign Affairs says, “We are going to do this. We will not tolerate anybody incurring into our territory”.

Why did he have to do that? According to the minister's speech a moment ago, he was to establish a diplomatic environment where we could advance our cause. Why, for example, would he not then go to the Chinese, who are already taking a look at the possibility of moving a lot of their transport through that Northwest Passage, using the warming that appears to be taking place in the Arctic waters in order to take a look at the economic competitive advantage they want to establish through different transportation modes down the road, building ice breakers and ships that can navigate in waters where icebergs are the norm, and where ice floes are a natural part of the environment and where thick ice may have to be blown over to one side in order to allow this navigation.

They think this navigation will give them a competitive advantage in the transportation field. Rather than use other means, they are going to go through the Northwest Passage to deliver their goods to Europe, not to Canada and North America but to Europe.

So we can see that the interest is there. The Chinese, by the way, contrary to what the Minister of Foreign Affairs would have suggested a few moments ago, are already very busy indicating to the entire world that they are going to consider that passage as international waters.

The minister can claim, all he wants in this House, that there is a powerful demonstration of the Canadian government's willingness to do something, but I think that the facts tell us a different story.

The Americans have already said, “You can say what you like, but this is what we're going to do and, by the way, if you want to do it with us, we'll give you a face-saving way to get out”. However, please do not tell us that this is an unprecedented act to advance Canadian interests. Let us say that this is a necessary item that brings full circle the initiatives that were begun in 1970 and then we will deal with things in a mature fashion because that mature fashion then takes a look at how to protect those interests.

We want to protect the environment. We are well aware of what the four pillars of a northern strategy are. We put them forward from this side of the House many years ago. We do not need to be reminded that they now have a different name and that we are going to try to spin it differently. The fact of the matter is we want to protect the environment. We want to protect the interests of the indigenous population, we want to develop the economic potential that is resident in the north, and we want to expand our position internationally because it is our position.

Not only are we custodians of the environment of the people in the north, but we are the proud heirs of the work done by others. Let us not turn our backs on the work that has been done by others, even if it was done by those with a different partisan stripe.

We took a look at this in committee and members will probably know that the committee said it wanted to support this. A mature approach would say, yes, but we must be prompted by care and due diligence. We need to take a look at what the other part of the government's claim is and that is that this is, again, a very powerful issue and that we are going to do everything we can in order to protect Canada's interests.

For those who are following this debate, they need to understand that the implementation of Bill C-3 is one that says we are going to expand the Canadian territory by an additional 500,000 square kilometres. That is the equivalent of a province the size of Saskatchewan. There are very few countries in the world that are the size of Saskatchewan. That calls to mind immediately the need to engage in diplomatic negotiations with other countries in order to recognize that claim.

More importantly, it then imposes a responsibility on the Government of Canada to ensure that it can do what it says it must do under the four pillars of a northern strategy, an Arctic strategy, that safeguards the environment, promotes the interests of the people who are indigenous to the area, allows Canadian economic interests to be advanced, and allows for us to advance our political leadership in that area.

One would ask, “What are the measures the government is putting in place to substantiate that?” The committee began to ask that question. For example, Mr. William Adams, the chair of the Defence Science Advisory Board, referred to the fact that we will have great difficulties in the case of environmental cleanups because there is a growing probability of a major oil spill.

Émilien Pelletier is a professor at the Institut des sciences de la mer de Rimouski at the Université du Québec à Rimouski.

He says that, “In cold water, after just 48 to 56 hours, oil turns into a sort of pudding that is difficult to pick up. It then becomes impossible to recover”.

What do we have as a measure to prevent that from occurring? Environment Canada officials, who appeared before the committee, said that Environment Canada does not have a mandate to enforce the Arctic Waters Pollution Prevention Act. That is problem number one. If we do not have the authority to enforce it, why do we claim that we have powerful instruments at play?

Transport Canada officials said that surveillance and enforcement are limited to, are members ready for this, a single Dash 7 airplane and access to satellites. A single Dash 7 airplane to cover the territory equivalent to the province of Saskatchewan. Mr. Speaker, that is your home province. Can you imagine one single plane, a Dash 7, patrolling all of Saskatchewan? Except that this territory is spread out over a longer distance and is limited by the amount of fuel that it can carry, given the climatic situations governing flights like those of the Dash 7. Just imagine.

The general public in listening to the Minister of Foreign Affairs, applauds the fact that the government has powerful instruments to enforce our interests. A Dash 7 to survey incursions into our territory. We know they are coming. The Russians have said they are going to do it. The Chinese said they are going to do it and the Americans said, “to heck with you if you want to stop us”, especially with a Dash 7.

Now they are not the only ones. Did not the Minister of National Defence, in a moment of bravado, suggest that if the Russians want to continue their incursions into Canadian territory, whether it be by air or by sea, that they would find us ready? Well, it appears that his own officials said no, the Department of National Defence does not have a mandate to enforce the Arctic Waters Pollution Prevention Act. I do not know whether bluster is allowed to replace fact but the government is trying very hard to establish that principle.

Now hold on a moment, I think I said initially that this was a transportation bill because it was presented by the Minister of Transport. He appeared before the committee and said that in order to have a truly effective legislation, we must have a government that presents legislative items and measures in order to enforce it. We must be proactive, we cannot be reactive and we need to back that up with real action.

I wonder whether he talked to the Minister of Foreign Affairs, Minister of National Defence, Minister of the Environment, and Minister of Fisheries and Oceans. Why? Because the Minister of Fisheries and Oceans is responsible for the Coast Guard. Oh, Coast Guard officials before the committee said that they do not have any plans to increase northern capacities in order to assist the enforcement of Bill C-3.

We wonder whether the measures to back up a piece of legislation that we know is the logical conclusion of legislative initiatives by Liberal governments starting in 1970 going to 1982, are ones that we find ourselves having to support. We saw the critic for the Bloc Québécois stand and say the Bloc will support this bill. The government has enormous goodwill from everyone, I dare say even the critic for the NDP will stand and say the NDP supports the bill. Heck, I am critic for transport on this side of the House and we find that we want to close the circle.

However, we cannot accept the government putting a claim down for a bill that skims over its competence to deal with the issue of enforcement and the issues that deal with international cooperation. The minister talked about the issues of consultation and that officials from his department said that most Arctic neighbours who were consulted, although we do not know who they are, did not express concern about Bill C-3. That is imaginable because it is consistent with the normal flow of the first initiatives in 1970 and 1982.

The United States has asked us for more information and the Russians have expressed some concerns but nowhere did they say that they would be as observant about Bill C-3 as we would like them to be.

We will support Bill C-3 because we must support Canadian sovereignty but we have the reflections of concern about the government's competence to handle our interests in an international affair.

[Lawrence Cannon, Conservative, Pontiac, QC]

moved that Bill C-3, An Act to amend the Arctic Waters Pollution Prevention Act, be read the third time and passed.

Mr. Speaker, Canada is an Arctic nation, an Arctic power. The Arctic and Canada's north make up more than 40% of our land mass. We occupy a large part of the Arctic. The Arctic and the north are integral to our national identity.

Over 100,000 Canadians live in our three northern territories: Yukon, Northwest Territories and Nunavut, our newest territory.

The north also includes portions of Canadian provinces characterized by northern conditions. Many of those living in the north are Inuit and first nations whose ancestors have inhabited the region for thousands of years.

The history of Canada's presence in Arctic lands and waters establishes and supports our sovereignty over the region.

Bill C-3 is a powerful demonstration of Canada's commitment to and leadership in the Arctic. This government's commitment to demonstrating Canadian sovereignty in the Arctic is unprecedented, particularly the government's northern strategies fourth pillar, which is to protect our environmental heritage. Because Canada is sovereign over its lands and waters up to the Arctic point, we should apply the environmental safeguards needed to protect this unique piece of our identity.

Our government is doing that by ensuring the Arctic Waters Pollution Prevention Act applies to the full extent of Canadian Arctic waters. It will do so by extending the application of the legislation from the current 100 nautical miles from shore to the full 200 nautical miles permitted by the United Nations Convention on the Law of the Sea.

As many international law experts have stated, the bill is an action that should have taken place a long time ago. Once again, this government is showing leadership and a comprehensive strategy with respect to the Canadian Arctic. I commend my colleague, the Minister of Transport, on this important amendment.

It is important that members of the House understand the origins of the legislation as a significant demonstration of sovereignty over Canadian Arctic waters.

Members of the House should note that the Arctic Waters Pollution Prevention Act was originally enacted in 1970, in response to the voyage of the U.S. oil tanker SS Manhattan through the Northwest Passage in 1969. The Manhattan was the first commercial attempt to navigate the Northwest Passage and signalled the arrival of technological advances that permitted the construction of ice-reinforced oil supertankers.

Even though the voyage of the Manhattan took place with the consent of Canada and with the assistance of Canadian icebreakers, it was nevertheless viewed as a trial run by commercial interests to test the feasibility of year-round transport of oil by sea from fields in Alaska to facilitate on the northeastern U.S. coast through the Northwest Passage. However, the difficult ice conditions experienced at the time confirmed that even at their annual minimum extent in September, there remained significant challenges to vessels navigating these Canadian waters.

Nevertheless, the Manhattan demonstrated the potential for growth of commercial transportation through the Northwest Passage, due to technological developments, and focused attention on the growing risk of potential consequences of a major oil spill occurring in ice covered waters.

It was in this context that the Parliament of Canada passed the Arctic Waters Pollution Prevention Act to underscore Canada's commitment to protect the Arctic environment and its resolve to exercise sovereignty over Canadian Arctic waters.

Canada's ratification of the UNCLOS in 2003 provides an additional international legal basis for the proposed amendments in Bill C-3. Prior to the conclusion of the United Nations Convention on the Law of the Sea, or UNCLOS, in 1982, international law did not recognize the concept of a 200 nautical mile exclusive economic zone as it does now.

Today there is no question that the exclusive economic zone provides coastal states, such as Canada, the legal authority to exercise sovereign rights and jurisdiction over living and non-living resources up to 200 nautical miles from the shore, including important rights with respect to the prevention of marine pollution.

Canada also benefited from UNCLOS through the inclusion of an additional provision, further recognizing the legality of the Arctic Waters Pollution Prevention Act under international law. Canadian negotiators were successful in including article 234 within UNCLOS, permitting additional rights for Arctic coastal states, such as Canada, within ice covered water. Article 234 is commonly referred to as the Arctic exception and is the product of negotiations between Canada, the United States and the then Soviet Union.

It is beneficial to consider some additional international legal considerations of the proposed amendment. Some states have differing interpretations with respect to the international legal status of the various waterways known as the Northwest Passage.

For example, in 1988 Canada and the United States concluded a bilateral international co-operation treaty concerning the transit of U.S. government icebreakers through the Northwest Passage. This agreement, resulting from an initiative of former President Reagan and former Prime Minister Mulroney, allows Canada and the United States to continue to maintain differences in the interpretation over the international legal status of the Northwest Passage by literally agreeing to disagree, while on a practical basis allowing movement of icebreakers through the Northwest Passage on a basis within the best interests of both states.

The legislation under consideration would not affect provisions of this agreement. As a matter of policy, Canada is nevertheless willing to permit international navigation in and through the Northwest Passage, so long as the conditions established by Canada to protect security, environmental and Inuit interests are met. These measures include, for example, pollution monitoring and control under the Arctic Waters Pollution Prevention Act, which we are now considering.

As marine traffic to the north increases, our government will adapt the regulations and systems already in place to protect Canadian interests. Our government has also pledged an enhanced surveillance and military presence in the Canadian Arctic waters. We are also implementing an ecosystem-based approach to ocean management in the Beaufort Sea and elsewhere.

As the Minister of Foreign Affairs, I am committed to strengthening our bilateral cooperation with other Arctic nations. That is why I will be touring circumpolar capitals to promote the Arctic and Canada's interests in the region.

We have some interests in common with our Arctic neighbours—Norway, Denmark, Sweden, Finland and Iceland—and we have a lot to learn from their experiences.

We are looking at how trade, innovation and investment can contribute to sustainable development in the north.

Partnership with Arctic countries must rest on a solid legal foundation, and Bill C-3 is an integral part of that foundation.

I would like to emphasize that Bill C-3 is yet another means of exercising Canadian sovereignty over its Arctic waters. By extending the application of the Arctic Waters Pollution Prevention Act from 100 nautical miles to 200 nautical miles from shore, Canada will give full effect to the sovereign rights permitted by the United Nations Convention on the Law of the Sea. These rights were secured in large part by Canadian negotiators. Their inclusion in UNCLOS constitutes international recognition of Canadian domestic legislative action over its Arctic waters through this act.

By passing Bill C-3, the Parliament of Canada, the government and Canada will take an important step to ensure that the Arctic Waters Pollution Prevention Act applies to all Canadian Arctic waters and to ensure proper stewardship of this important Canadian region for future generations.

I look forward to the support from all parties on this important amendment.

The House proceeded to the consideration of C-3, An Act to amend the Arctic Waters Pollution Prevention Act, as reported (without amendment) from the committee.

Business of the House

[Jay Hill, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I am very pleased that today we have already completed the second reading stage of Bill C-6, consumer product safety. We expect to conclude debate on the third reading stage of Bill C-11, human pathogens and toxins. At least, it is the hope of the government to see that bill move along.

Following Bill C-11, it is our intention to call Bill C-3, arctic waters, which is at report stage and third reading. It would be nice to see that bill move along as well and get over to the other place.

As we all know, the House is not sitting tomorrow to accommodate the Liberal Party convention. This will certainly give government members the opportunity to be back in their constituencies doing lots of hard work.

Next week, we will continue with Bill C-3, arctic waters; the second reading stage of Bill S-2, the customs act; and Bill C-4, not for profit, which was reported back from committee on April 23.

Adding to the list are two bills that are at second reading: Bill C-28, the Cree-Naskapi bill, and Bill C-26, auto theft.

I would just respond to the opposition House leader, who referred to the two departments that will be called before the chamber for committee of the whole: Fisheries and Oceans and Agriculture and Agri-Food. Of course, we will be scheduling those debates in good time and within the Standing Orders.

[John Baird, Conservative, Ottawa West—Nepean, ON]

Thank you very much, Mr. Chair.

Committee members, I'm very pleased to be here today with my cabinet colleague, Rob Merrifield. You've already done me the pleasure of introducing our officials from both Transport Canada and Infrastructure Canada.

I also want to tell you that we're looking into the Brandon airport project, which I know you've been working hard on.

I want to begin by thanking the committee for its work over the past several months. A number of important pieces of legislation, such as Bill C-9, the Transportation of Dangerous Goods Act, and Bill C-3, the Arctic Waters Pollution Prevention Act, have progressed through this committee since February of this year. I appreciate the time and effort each of you has put into this achievement.

We're here to facilitate discussion and to help answer any questions you may have regarding the main estimates for both Transport Canada and Infrastructure Canada.

The actions taken by our government through the spending outlined in the estimates are contributing to cleaner air and water, to safer roads, and to more prosperous and livable communities. We are focusing our efforts on key actions and key infrastructure investments that will stimulate the economy, create jobs, and support Canadian families.

The 2009-2010 main estimates show significant investments through Transport Canada and Infrastructure Canada in the upcoming year, when our economy will need them the most. And we are working collaboratively with provincial, territorial, and municipal governments to help ensure there is three times more money flowing into the economy for more projects and more jobs.

We have accomplished a great deal since the meeting of first ministers in January. At that meeting, we agreed to a five-point action plan to accelerate infrastructure investments.

In keeping with this plan, we have amended the Navigable Waters Protection Act, reduced duplication of federal and provincial environmental assessments, and streamlined our own federal approval processes.

Our government, led by Prime Minister Stephen Harper, is also delivering on our economic action plan to stimulate economic growth, create jobs, and support Canadian families.

Within weeks of the budget being tabled, we approved more than 500 projects, valued at $1.5 billion, in small communities in various parts of Canada. We announced major projects, with a total federal contribution of almost $1 billion—$980 million to be exact—including the Evergreen Transit Line in the great city of Vancouver; the Edmonton southwest ring road; GO Transit improvements in the province of Ontario; and the expansion of a drinking water facility in Lévis, Quebec. And we have flowed over $307 million to provinces and territories under the provincial-territorial base initiative.

I would also note that when this new fiscal year began, we accelerated the first payments to cities of the federal gas revenue transfer. The first payment was issued within days of the start of the fiscal year. We will flow another $1 billion to municipalities later this year, because, I am proud to say, this fund has now doubled to $2 billion per year. It will remain at that level beyond 2014, when it becomes a permanent measure. Municipalities across the country will benefit from this additional funding now and for years to come.

The Federation of Canadian Municipalities recently noted that “The Government of Canada and all parliamentarians deserve recognition and thanks for their ongoing support...and the working partnership they have forged with Canada's municipalities.”

Our economic action plan made available nearly $12 billion in federal money for new infrastructure stimulus funding over two years. This includes infrastructure funds for which I am responsible: the $4 billion infrastructure stimulus fund and the $1 billion green infrastructure fund, and accelerated payments under the provincial-territorial base fund.

I have to tell you that we are working incredibly well with our provincial partners to help maximize those investments; I cannot put too fine a point on this. Premier McGuinty of Ontario, Premier Gordon Campbell of British Columbia, Premier Gary Doer of Manitoba, and Premier Charest are among those who are showing leadership in Canada's collective response to the global economic crisis. They are responding to the call for governments to put aside partisanship and political games and to work collectively for the benefit of Canadians and job creation in our economy.

There are several examples I would like to cite. Recently, my Ontario counterpart, Minister George Smitherman, and I sent a joint letter to Ontario municipalities, outlining our non-partisan approach to infrastructure development and the importance of these significant investments as a stimulus to our economy. We are working in lockstep to fully allocate funding for the communities component under the Building Canada fund. Strong provincial partnerships also allow us to put the infrastructure stimulus fund into action. We're providing more than $100 million from this fund to British Columbia's community infrastructure projects.

In the province of Quebec, we invested $700 million in a program to address water quality and repair sewers.

Mayors across Ontario are quickly preparing their stimulus fund applications, which are due by the end of this week.

Under our Building Canada plan, the provincial-territorial base fund was established to provide predictable funding of $25 million over seven years, with a total of $175 million per jurisdiction by 2014. We will be accelerating this funding where provinces and territories can match it by working to provide $175 million over the next two years. We have great pickup from that around the country. I'm also happy to say that several are taking advantage of this and investing more money in the economy as a whole.

Another major priority of this portfolio is to ensure that our transportation system is safe and secure. I'm pleased to report to the committee that, following the most recent Auditor General's report and the chapter on national security, an agreement was signed between Transport Canada and the RCMP. This will expand criminal background checks for transportation and security clearance applicants to include more intelligence data from more sources. This will allow us to better beat back criminals who may attempt to infiltrate our airports and will allow us to keep Canadian travellers secure.

Canada is a trading nation, and the importance of ensuring that Canada has an economically effective and efficient transportation system cannot be understated. We're focused on ensuring that this is the case while we work to ensure that the stimulus projects can be implemented quickly to get shovels in the ground and jobs created. These strategic and targeted investments will provide a much-needed shot in the arm for the Canadian economy.

The main estimates before us are directly linked to addressing the economic challenges that confront our nation and indeed all nations.

I look forward to chatting with you today. I'll turn it over to Minister Merrifield.

Transport, Infrastructure and Communities

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

Mr. Speaker, I have the honour to present, in both official languages, the second report of the Standing Committee on Transport, Infrastructure and Communities on Bill C-3, An Act to amend the Arctic Waters Pollution Prevention Act.

[The Chair, Conservative, Merv Tweed]

Good afternoon, everyone. Welcome to the eleventh meeting of the Standing Committee on Transport, Infrastructure and Communities, with our orders of the day pursuant to the order of reference of Wednesday, February 25, 2009, Bill C-3, An Act to amend the Arctic Waters Pollution Prevention Act.

Joining us today in the first hour from the Department of Fisheries and Oceans are: René Grenier, Jaime Caceres, Michel Desparois, and Larry Trigatti. From the Department of National Defence, we have Casper Donovan. From the Department of the Environment, we have Robert Allin, Michael Wilson, and Linda Porebski.

Welcome. I hope you've been advised that you have roughly five minutes to make a brief presentation. Then the members will have questions for you. I don't know if anybody wants to take the lead.

Perhaps I'll start with Mr. Donovan. Do you have any opening comments?

Business of the House

[Jay Hill, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, today, Bill S-3, the energy efficiency bill, was read a second time and referred to the Standing Committee on Natural Resources.

Just before question period, we were debating Bill C-13, the Canada Grain Act, but it appears the coalition of the Liberals, the NDP and the Bloc has been revived and it is supporting a motion that, if adopted, will defeat that bill. It is proposing to kill the bill before it even gets to committee. It is unfortunate that the coalition's first act is to abdicate its role as legislators by denying close scrutiny and study of a bill at a committee.

After my statement, the government will be calling Bill C-5, Indian oil and gas, followed by Bill C-18, the bill respecting RCMP pensions, which is at second reading.

Tomorrow, we will continue with the business that I just laid out for the remainder of today.

When the House returns on April 20, after two weeks of constituency work, we will continue with any unfinished business from this week, with the addition of Bill C-25, the truth in sentencing bill, Bill C-24, the Canada-Peru free trade agreement, Bill C-11, human pathogens and toxins and Bill C-6, consumer products safety. We can see we have a lot of work to do yet. All of these bills are at second reading, with the exception of Bill C-11, which will be at report stage.

During the first week the House returns from the constituency weeks, we expect that Bill C-3, the Arctic waters bill will be reported back from committee. We also anticipate that the Senate will send a message respecting Bill S-2, the customs act. If and when that happens, I will be adding those two bills to the list of business for that week.

Thursday, April 23, shall be an allotted day.

[Alan H. Kessel, Legal Adviser, Department of Foreign Affairs and International Trade]

Thank you, Mr. Chair.

Mr. Chair, members of the Standing Committee on Transport, Infrastructure and Communities, thank you for inviting me to appear before you today to talk about Bill C-3, which proposes to amend the Arctic Waters Pollution Prevention Act.

My name is Alan Kessel , and I am a legal adviser with the Department of Foreign Affairs and International Trade. I am also pleased to introduce my colleagues from the legal branch of Foreign Affairs: Caterina Ventura, deputy director of the Oceans and Environmental Law Division, and John Burnett of the same division.

Mr. Chairman, by way of introduction, DFAIT assists the Minister of Foreign Affairs in fulfilling his statutory duty to foster the development of international law and its application in Canada's external relations. Within DFAIT, the legal branch is the principal source of legal service and advice to the Government of Canada on an increasingly wide and complex range of public international law issues, including the establishment of Canadian maritime zones and their boundaries in conformity with international law.

For this reason, I am appearing before this committee today to discuss the important sovereignty aspects of Bill C-3. In particular, I will address the extension of the Arctic Waters Pollution Prevention Act, fondly known, as you may know, as the AWPPA, from the current 100 nautical miles from shore to the full 200 nautical miles permitted by the United Nations Convention on the Law of the Sea and how this will further demonstrate Canada's sovereignty over the full extent of its Arctic waters.

I will briefly address the origins of the AWPPA, in part as a demonstration of Canadian sovereignty over its Arctic waters. I will then discuss the consistency of the proposed amendments with international law. Finally, I will briefly address additional international aspects of the proposed legislation.

The AWPPA, as you know, was enacted in 1970 following the 1969 voyage of the ice-strengthened U.S. oil tanker SS Manhattan through the Northwest Passage. The Manhattan represented the first commercial attempt to navigate the Northwest Passage and marked the arrival of technological advances that permitted the construction of ice-reinforced oil supertankers. At that time, commercial interests were assessing the feasibility of year-round transport of oil by sea from fields in Alaska to facilities on the northeast U.S. coast. The Manhattan's voyage was primarily viewed as a trial run to see if transport of oil through the Northwest Passage was a feasible alternative to constructing a pipeline or transporting oil by sea to facilities on the U.S. west coast.

The voyage of the Manhattan occurred with the concurrence of Canada and with the assistance of Canadian icebreakers and demonstrated that ice conditions, even at their annual minimum extent in September, still posed significant challenges to vessels navigating these Canadian waters. Nevertheless the Manhattan demonstrated the potential for growth of commercial transportation through the Northwest Passage due to technological developments and focused attention on the growing risk and potential consequences of a major oil spill occurring in ice-covered waters.

As one response to the Manhattan voyage, Parliament passed the AWPPA to stress Canada's commitment to protecting the Arctic environment and to demonstrate Canada's resolve to exercise its sovereignty over Canadian Arctic waters.

At the time of enactment in 1970 the AWPPA was an important development in international law. It signified Canada's commitment as a coastal state to protecting the sensitive Arctic environment by creating a unique environmental protection zone out to 100 nautical miles from Canadian land. As part of this innovative action, Canada announced a reservation for compulsory jurisdiction of the International Court of Justice in The Hague with respect to this legislation, thereby preventing other states from challenging Canada's position at international law.

Prior to the conclusion of the third United Nations Convention on the Law of the Sea, or UNCLOS, in 1982, international law did not recognize the concept of a 200-nautical-mile exclusive economic zone, as it does now. Today the exclusive economic zone provides coastal states such as Canada with the legal authority to exercise sovereign rights and jurisdiction over living and non-living resources up to 200 nautical miles from shore, including important rights with respect to the prevention of marine pollution.

UNCLOS also included an additional provision further recognizing the legality of the AWPPA under international law.

Canadian negotiators were successful in including article 234 within UNCLOS, permitting additional rights for Arctic coastal states such as Canada within ice-covered waters. Article 234 is commonly referred to as the “Arctic exception”, and was the product of negotiations between Canada, the United States, and the then Soviet Union.

To briefly summarize, article 234 provides coastal states with the authority “to adopt and enforce non-discriminatory laws and regulations for the prevention, reduction and control of marine pollution from vessels in ice-covered areas within the limits of the exclusive economic zone”. The inclusion of article 234 in UNCLOS validated the then-current 100-nautical-mile application of the AWPPA under international law, but it would also permit its extension to the full 200-nautical-mile limit of the exclusive economic zone.

Canada's confidence in its strengthened legal position with respect to the AWPPA following the conclusion of UNCLOS resulted in our withdrawing the previous reservation with the International Court of Justice in 1985. Finally, Canada's ratification of UNCLOS in 2003 provided an additional international legal basis for the proposed amendment in Bill C-3.

I will now briefly discuss some additional international legal considerations of the proposed amendment.

Some states have differing interpretations with respect to the international legal status of the various waterways known as the Northwest Passage. However, these disagreements are well managed. For example, in 1988 Canada and the United States concluded a bilateral international cooperation treaty concerning the transit of U.S. government icebreakers through the Northwest Passage.

This agreement, resulting from an initiative of President Reagan and Prime Minister Mulroney, allows Canada and the United States to continue to maintain differences in interpretation over the international legal status of the Northwest Passage by in essence agreeing to disagree, while on a practical basis allowing movement of icebreakers through the Northwest Passage on a basis of its being within the best interests of both states. The legislation under consideration would not affect provisions of this agreement.

Mr. Chair, before concluding my opening remarks, I would like to point out that Bill C-3 is another way for Canada to exercise its sovereignty over its Arctic waters. By applying the Arctic Waters Pollution Prevention Act for 200 nautical miles from shore rather than 100 nautical miles as before, Canada will fully assert its sovereign rights, as permitted by the United Nations Convention on the Law of the Sea. Those rights were obtained in large measure by Canadian negotiators, and the fact that they are included in UNCLOS is proof that the international community recognizes the validity of Canada's domestic law regarding its Arctic waters, the AWPPA.

Now, I would be happy to answer any questions you may have.

Thank you, Mr. Chair.

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

Obviously, the aim of Bill C-3 is to prevent pollution in Arctic Waters. What exactly does this mean? Once this bill has been adopted, are you planning on letting world countries like Denmark, the United States and Russia known that they will have to comply with this Act when they navigate in Canadian waters? Will you be issuing notices? What's going to happen?

[John Baird, Conservative, Minister of Transport]

Thank you very much, Chairman Tweed. I am very pleased to be here today to discuss Bill C-3, An Act to amend the Arctic Waters Pollution Prevention Act. As a northern country, Canada's Arctic is central to our national identity. It's an expression of our deepest aspirations, our sense of exploration, and our limitless potential.

Over the last three years this government has demonstrated its commitment to Canada's Arctic by introducing measures to help the north realize its vast potential. We have pressed Canada's Arctic sovereignty to the world, protected our environmental heritage for the benefit of all Canadians, and promoted economic and social development throughout this important region of Canada.

On a personal note, my time as Minister of the Environment and particularly as Minister responsible for Parks Canada offered me the opportunity to help protect our northern region. I'm particularly proud of significant land conservation measures we undertook in the Northwest Territories, proud of the progress we made toward expanding Nahanni, and proud of the efforts we undertook around Slave Lake, to name a few successes.

The bill before us today, the Arctic Waters Pollution Prevention Act, allows Canada to carry out its responsibility to preserve the fragile ecological balance in the water, ice, and land areas of the Canadian Arctic by prohibiting the dumping of waste in Arctic waters. This act also requires that Arctic waters adjacent to the mainland and islands of the Canadian Arctic be navigated in a way that respects the residents of Canada's northern communities. Bill C-3 seeks to replace the definition of Arctic waters in the Arctic Waters Pollution Prevention Act. It extends the geographical application from 100 nautical miles to 200 nautical miles, which is the maximum area Canada is allowed under international law. The doubling of the application allows us to strengthen our pollution protection regime, not just now but particularly in the years and decades to come as the Northwest Passage and the Arctic waters become more traversable.

Bill C-3 proposes a relatively simple amendment, yet it demonstrates to the world that Canada is serious about protecting the Arctic marine environment and more. The potential growth of international shipping, while key to the economic development of our Arctic, may also bring challenges. It raises the potential of environmental threats like oil spills, poaching, and contamination, which would be particularly acute in the sensitive Arctic ecosystem. The extension from 100 nautical miles to 200 nautical miles will ensure an appropriate basis for managing risks of pollution from vessels. For Canada to truly exercise effective management in the Arctic, we need to put in place a strong and proactive regulatory framework for marine transportation and we need to back that up with real action. We're very much being proactive in this regard, not waiting for next year, or 10 years, or 25 years from now for an accident to happen and for us to regret not taking more proactive measures.

Transport Canada is already planning to assess the transportation infrastructure needs in the north for the next 20 to 30 years. Over the next five years Transport Canada is dedicating $1 million, under the gateways and border crossings fund, to support a northern transportation research program. We are increasing support for the coast guard, and in the coming years we will welcome a new icebreaker, the John George Diefenbaker, which will play an important role in enforcing our Arctic sovereignty. I know all members of the committee share my enthusiasm not just because it's a new coast guard vessel but particularly because it's so aptly named. The Prime Minister made this announcement in Inuvik, where Prime Minister Diefenbaker officially opened the community some 50 years ago.

We've seen an increased number of environmental enforcement officers, many of whom were trained at Algonquin College in my own riding of Ottawa West--Nepean. It should be noted that my colleague the Minister of the Environment, has also introduced Bill C-16, the Environmental Enforcement Act, which addresses the important issue of enforcement of our environmental protection and wildlife conservation laws. I had the opportunity to work on that before the last cabinet shuffle.

While Bill C-3 helps to provide an appropriate basis for managing the environmental risks of the intensification of marine activities in the Arctic, it is only the beginning. Further amendments are also needed to protect the environment, increase the security of our waterways, establish the framework for future economic development, and to strengthen the exercise of Canadian sovereignty in the Arctic. We have done that through many ways, whether it's through our military, through science, through research, through the coast guard, through economic development, but we can also do it environmentally.

This government is committed to introducing regulations under the Canada Shipping Act to require vessels entering Canada's Arctic waters to report to the Canadian Coast Guard's NORDREG reporting system. We are working toward having these regulations in place for the 2010 shipping season.

Under the current regime, reporting is voluntary. Our changes will make reporting mandatory and will apply to all Canadian waters north of sixty, including the increased area of application of the Arctic Waters Pollution Prevention Act that will result if and when Bill C-3 is passed.

These measures will send a clear message to the world that Canada takes responsibility for environmental protection and enforcement in our Arctic waters. Extending the application of the Arctic Waters Pollution Prevention Act will demonstrate the government's commitment to the Arctic and to managing the environmental tasks associated with marine transport in the Arctic.

Canada's future is tied to an Arctic that is vibrant and thriving. With this legislation we're protecting our sovereignty over the Arctic and we're developing our northern resources. Together we are protecting this precious and sensitive ecosystem for future generations of this planet.

Thank you very much.

The House resumed from February 23 consideration of the motion that Bill C-3, An Act to amend the Arctic Waters Pollution Prevention Act, be read the second time and referred to a committee.

Arctic Waters Pollution Prevention Act

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, it gives me some measure of pleasure to speak to Bill C-3, an act to amend the Arctic Waters Pollution Prevention Act. The bill would increase the environmental protection of the Canadian Arctic, which is consistent with the New Democrats' position on Arctic sovereignty.

Specifically, the bill would extend the geographic application of the Arctic Waters Pollution Prevention Act to the outer limit of the exclusive economic zone of Canada north of the 60th parallel. The NDP's position has been and remains that Canada needs to increase its claim to the waters of the Arctic islands and beyond through the increased enforcement of environmental protection laws. This bill would expand the area covered by the Canadian environmental protection law, which is stronger than that afforded under international law.

Other nations may dispute the increase of this protection. However, support of Canada's position is expected to be strong in the international community. I would also note that Canada's action is consistent with article 234 of the UN Convention of the Law of the Sea.

We also have had occasion to discuss the bill with notable Canadian experts in the field, in particular, Mr. Michael Byers, who is an internationally renowned expert in Arctic sovereignty issues. Dr. Byers has examined this bill and recommends that it be passed as is.

The bill specifically amends the definition of Arctic waters from 100 to 200 nautical miles to help ensure that ships do not pollute Canadian waters. That is an important step.

The bill raises the very critical issues in our country of the Arctic, our claim to sovereignty over the Arctic and the importance of that region to Canada's history, heritage and development. Also, and not tangentially in any respect, it raises the issue of the critical importance of the environment and the pressing need to get control of the greenhouse gas emissions in this country. I will be talking a little bit about that in a few moments.

I will read from the government's press release in which it announced this amendment. One thing that does concern me is a quote by Minister of Transport, Infrastructure and Communities where he says:

Our government is taking action to promote economic development while demanding environmental responsibility in Canada's North.

What concerns me is the reference to promoting economic development. Canadians are concerned that the Arctic not be used and exploited for its natural resources. Rather, Canadians want this area protected in pristine condition and not to be used as just another area of exploitation by international oil and gas companies.

Global warming is nowhere more evident than in our Arctic. I think it is common knowledge among all members of the House, and certainly on the conscience of Canadians, that our polar bears are experiencing habitat threat of grave concern. If we talk to the indigenous peoples who populate all of the regions of the Arctic, they will tell us and have told us that there are serious climate change issues going on in the Arctic and that these are harbingers that ought to be of grave concern.

The fact that global warming is causing a retraction in the iceberg and ice floe levels in the Arctic does not give us an opportunity to rush in and start developing oil and gas deposits and exploit mineral deposits. Rather, this should cause us great pause. It should force us to look at the underlying cause of this problem, which is that greenhouse gas emissions are causing climate change that is of grave peril, not only to Canada and our people but to the entire world.

I am happy to hear that the government now speaks in terms of protecting the environment, which is a good thing and it should be applauded. However, intention is everything and if the intention to preserve our Arctic is simply to allow more economic exploitation as opposed to protecting the environment, then I believe the bill and the government will be misguided.

I want to speak a little about the environment and about other steps the government has either taken or failed to take, steps that are actually imperilling our climate and our environment in the Arctic region.

I noticed in the last budget that the government cancelled the eco-rebate for alternative clean energy production. This was a program that delivered one cent per kilowatt hour to producers of new green energy. What did the government do? It cancelled the program.

The government cancelled or failed to renew the ecoauto rebate program for hybrid and electric cars. This was an incredibly successful and very effective program whereby Canadian consumers could purchase hybrid cars and cars that are more energy-efficient, which has an incredibly positive effect on our environment. What did the government do? It failed to renew the program.

The New Democratic Party campaigned very hard on the environment in the last federal election. One of the major planks of our platform was the immediate implementation of a hard cap and trade system.

I know that in 2002 the Prime Minister was calling the Kyoto accord a socialist plot. I am happy to see that he is a recent convert to what scientists around the globe have been telling us for years, which is that we need to get control of greenhouse gas emissions now.

I am still not sure that the Prime Minister understands exactly how important this is, because he is still speaking in terms of intensity emissions as a substitute for hard caps. Those are two very different concepts, with very compelling and different results. It is only by having hard caps on the emissions of greenhouse gases in this world that we are actually going to have a hope of controlling rising temperatures and climate change.

I noticed in the budget that the government has defined “clean energy” to include coal-fired and nuclear facilities. I think that is why the government is investing so much money into carbon capture and storage, the so-called carbon sequestration programs. It is because it still believes we can use dirty oil and coal and can continue to burn these fossil fuels, if only we can find a way to take the carbon dioxide that is emitted and somehow control it. I think this is misguided.

I note that of the approximately $2 billion allocated in the budget to so-called green programs, half of that, $1 billion, is going to carbon capture and trade systems and experiments and to subsidies to the nuclear industry.

It is very telling that the budget allocates less than 1% of the total stimulus package to the investment in clean energy production. This is to be contrasted with the United States, where the American stimulus package is spending four times the per capita investment amount in clean energy production.

These things are important because one cannot speak about the Arctic, about the need to preserve and protect that vital piece of Canada, without talking inevitably about protecting the environment.

I also want to talk a little about sovereignty. I will applaud the government for any moves and measures it takes that will allow Canada to assert our national autonomy over this area. Of course other countries are rapaciously circling the area and have similar designs on getting their hands on minerals and oil and gas deposits in that region in order to exploit those resources instead of protecting this vital part of our planet.

I note that Denmark and Greenland have been reported to be intending to exploit certain islands in the area, specifically the vast icefields. Greenland intends to harvest these icebergs and sell them to a world that is as thirsty for water as it is for oil.

The Danish government for its part is pouring millions of dollars into a comprehensive map showing the geological features of the Arctic Ocean, and its map runs from a shelf that is underneath its country all the way along so that it can claim part of the North Pole itself.

I do not have to remind members of the House that both the United States and Russia are countries that seem to be holding similar designs on this area. Therefore, it is vitally important that our government take all the measures it can to assert and retain our sovereignty in the area.

We cannot get too bold on this because Canadian companies and Canadian politicians have similar designs. They view the Arctic as just another economic area to be exploited, as opposed to a national environmental treasure that plays a vital role in the globe's climate system.

I note that EnCana, a Canadian company, has a current strategy to sell off its holdings in dangerous parts of the world and focus instead on developing sources of natural gas in North America, primarily under the sea floor near Davis Strait. The first and biggest licensee of resources in this area is EnCana Corporation, a transnational company with a head office in Calgary, Alberta.

I do want to caution all members of the House to make sure that the intentions behind the bill match the reality.

There are other concerns we ought to keep in mind when we are talking about the Arctic, such as the cultural aspects of the people who live in the north. We must always remember that this is not a vast unpopulated area. Rather, the Arctic is populated by many people with thousands of years of ties to these lands. We must pay attention to ensure that their needs, their aspirations, their ways of life are protected and preserved. We cannot turn back the clock on the erosion of the indigenous people's way of life once we have altered it irremediably.

In terms of the historical importance of the Arctic, and my hon. colleague from the Arctic spoke to this earlier, it is important that we pay attention to economic development and the social welfare of the people of that region.

New Democrats believe that this area of our country is in urgent need of financial support, particularly from the federal government. These people require schools, community centres and assistance with health care. I am hopeful that the Minister of Health will see to it that the appalling treatment of indigenous people, particularly in the north, and the ignoring of their health needs that has gone on for decades, and arguably centuries, is addressed by the government.

I would be happy to see a bill introduced by the government that would spend money and invest funds in the protection and enhancement of the health of the people of the Arctic. This is not just about ensuring that ships can travel untrammelled in the Arctic, but it is important for us to take a moment and ensure that the people of the Arctic are able to travel with equal freedom. In order to do that--

[Claude Bachand, Bloc, Saint-Jean, QC]

Mr. Speaker, in the spirit of tradition, I would like to thank the people of my riding, Saint-Jean. This is my first speech in the House since Parliament resumed, and this is the sixth time they have sent me back here. I want to thank them most sincerely for putting their faith in me, and I promise that I will continue to be effective at defending their interests.

The people of Saint-Jean also want me to defend Quebec's interests. Whenever Conservative Party members sing the same old tune about how we are useless here, we have to have faith in the people's intelligence. They re-elected a majority of Bloc Québécois members because they are satisfied with the members' work and they think that having us in opposition is better than having a bunch of government members who do not dare open their mouths. Why should we not react somewhat aggressively when told that we are useless? But I digress. I just wanted to thank my voters.

When I was given the opportunity to talk about Bill C-3, I was pleased to take part in the debate. Let me tell you why. I have been my party's defence critic since 2000. Before that, I was Indian affairs and northern development critic. Naturally, I went to the far north a number of times. I would like to tell you a funny story. Before leaving for the far north, I was still in Saint-Jean, and I asked my assistants what I should wear up there. They told me to dress as I would in Montreal. So I headed off with a suit and a little raincoat.

When I got off the plane, the thermometer said it was -30^oC. I had to find a store where I could buy some more appropriate clothing in a hurry. I did not look at all like a northerner. I looked like a southerner in the far north for the first time—which is what I was. So I went around the town of Iqaluit, where I met people and asked them what their lives were like, if things were still as tough as they used to be. I saw that there was a huge problem with the price of food. People there pay twice as much for their food and they earn half as much as people here. It is no wonder they have trouble making ends meet.

It was very important for me to discover the far north. I discovered it the hard way. We noted that there was a certain degree of solidarity in the Inuit villages. I also noticed that there was a municipal form of government. It was not like Indian Affairs or aboriginal nations that operate based on a tribal council. Inuit villages were governed like municipalities. I was invited by the mayor of Iqaluit to speak with the mayor and councillors. I learned a great deal about the dangers facing the far north.

Many dangers threaten the far north. People are just now becoming interested in it because, as usual, the financial aspect takes priority and people realize there are riches to be had there. No one cared about it before. There was, however, one circumpolar meeting held every year or two, at which “nordicity”, that was the term used at the time, was explored. Now, we go even further than “nordicity”. How is it that the passage continues to open up and that we will soon be able to go through it all year round? This has not only economic, but also environmental repercussions. My hon. colleagues have talked about this. As Canadians and Quebeckers, we absolutely must try to regulate that.

I would also remind the House that there are now new territories in the far north. I had the opportunity to attend the creation of Nunavut in 2000. As part of the ceremony, there was a toast with a small glass of northern water. This gave me a new perspective on things because, normally, when we toast, it is not with water, but with something that looks similar but tastes much stronger. That ritual was intended to express the purity of the far north. Thus, I attended the creation of Nunavut.

I also became very involved in Nunavik, in Quebec. One must not think that today's debate is uniquely Canadian. It is also a Quebec debate. I would even say it is an international debate. In 2000, I began attending Canada-NATO meetings.

I have just come back from a meeting in Brussels where the far north was a hot topic. We are not the only ones who are realizing that commercial vessel traffic will be revolutionized by the opening of the Northwest Passage. The whole world knows it. In a minute I will talk about the different distances and tell you how many kilometres shipowners will save by sending their ships through the Northwest Passage. They can save tens of thousands of kilometres, which is huge.

As the national defence critic, I have visited the far north, mainly because many things in the far north have to do with the military. The Bloc has some concerns on that front. We do not want to see the Arctic militarized. We would like this to be negotiated, and we would like international legislation to be applied.

The answer is certainly not to build warships to stake our claim in the far north. I have a great deal of respect for the Canadian navy, but if we ever tangled with the American or Russian navy, it would not be long before Canada's navy was at the bottom of the Arctic Ocean. This is really not the answer. We have to find another way. We even think that the coast guard is likely better placed to patrol and assert Canada's sovereignty.

The issue of the military in the far north is still important. Now, for this government, it is clear that this is coming. The government is making no effort to try to address this fundamental issue. It is all well and good for the far north to open to vessel traffic for economic reasons, but this affects not only the people, but the Arctic flora and fauna. For example, there is now a higher rate of drowning among polar bears. They were used to swimming from one island to another, but the islands are farther apart now because the water level has risen. That also has an impact on the whole Inuit food chain, which is something we must never forget.

What is the government doing to address this issue? It is facing facts, realizing that the passage is opening and wondering how to go about defending our national interests. Consequently, there is a problem, and in my opinion, this problem should be solved in another way. We need to think about what greenhouse gas restrictions we should be adopting so as to keep the Arctic intact and not despoil it.

We cannot let economic concerns override environmental concerns. More and more people admit this and understand that if we push the economic side of things and ignore the environmental aspect, future generations will inherit a tainted and squandered planet. Even if they were billionaires, they would not be happy living on this planet if we let things go.

We have to ask ourselves these questions. Why is the government not trying to fix the greenhouse gas issue? Why is it not trying to fix it with absolute measures instead of intensity measures? The government is saying that it will ensure that for every barrel of oil produced, there will be a 20% reduction in greenhouse gases. However, if oil companies are allowed to produce 10 times the barrels, we will not make any progress and things will be worse.

The Bloc Québécois is defending the issue of greenhouse gases and absolute measures. That is how the issue will be resolved and greenhouse gases will be reduced instead of increasing. Nothing will be fixed by simply saying that greenhouse gases will be reduced by 20% for each barrel of oil produced, when 10 times as many barrels will be produced. The problem will still be there. That is the environmental aspect.

Let us come back to the military aspect, which must also be considered. I have been to the DEW line. It is a line of radar stations that stretches from Labrador to Alaska, passing through the Yukon and the rest. There are perhaps 70 radar stations, established to study the far north and watch for a Russian bomber attack.

At one time, this line was extremely important. In the 1950s the Americans and the Canadians agreed to build that network. At the time only bomber planes could carry atomic weapons into the U.S. territory, or anywhere in America, Canada or Mexico. A network was needed to watch for these aircraft. Now, this line is somewhat obsolete, because there is no defence against intercontinental ballistic missiles. The Americans claim to have one, but that remains to be seen. There is no question that if they were the target of a massive attack, they could not stop them all. But at the time, it was important. I went to Hall Beach in the Arctic, on the DEW line. I chartered a plane and I visited about ten radar stations. I saw the environmental catastrophe that was created there in the 1950s and that has still not been dealt with. I think my colleague referred to it earlier, when he said that the federal government had increased its contribution for the cleanup from $300 million to $500 million, but it will have to increase it again, because at Hall Beach it is truly a catastrophe. I am not talking about a catastrophe merely because it is ugly, but because it is polluting and it is even contaminating the whole Inuit food chain. Whales are suffering and have many diseases. Birds, seals, all the Arctic flora and fauna are being contaminated, because there was a lack of control at the time.

Back then, they would use a barrel of contaminants and if that barrel was half empty, they would empty it on the spot and leave it there. We now realize it was a terrible mistake. There are health problems, not only affecting the flora and fauna, but also the Inuit themselves who traditionally feed on these animals, on this wildlife. So, there is a major problem with the DEW line and I think it is far from over. We will have to invest a lot more money to correct the situation. Sometimes I wonder if it is not too late.

I also travelled to Alert, which is the Canadian Forces' northernmost base. We can understand that there is a reasonable military presence. However, if the Conservative government's strategy is to arm ourselves even more heavily, I think we will have a problem, as I explained earlier.

From a military perspective, if one wants to take possession of a territory or establish sovereignty over that territory, human presence is always important. I think the far north is the subject of many studies. People want to know how to behave and affirm their presence. Many tactics are being considered right now.

Our Russian friends left a titanium case containing a Russian flag on the bottom of the ocean. That was kind of an old-fashioned approach. Long ago, nations planted flags to assert sovereignty over a territory. The Russians deposited a titanium case on the bottom of the ocean to lay their claim.

The debate is ongoing. Where do Canada's boundary waters lie? I think that when a country claims a given territory, as Canada has the Arctic, it has to implement a series of legislative measures or laws to secure that claim. That is what Bill C-3 does. It enlarges the protected area from 100 kilometres to 200. I think that is a good idea.

That being said, there is no doubt the Americans consider Arctic waters to be international waters. Along with the Americans and the Russians, the Danes also want in on the act. A lot of northern countries are looking closely at what they can claim. That is why I am saying that we should rely on governance and diplomacy to resolve the fundamental issue. We need scientific studies, and we need international courts, such as the court in the Hague, to rule in case of dispute. As I said before, we cannot let this turn into a power struggle between nations or war in the far north. That would certainly be senseless.

That is why we have the Rangers, the Canadian Forces' arm in the far north. They patrol the region. I am planning to go on patrol with them. I might not cover as much ground as them because they are in great shape, and they are used to walking long distances and camping. I do not mind camping. I am sure they know how to make igloos, but I do not think they camp in them. I am looking forward to going with them because patrolling territory is a form of sovereignty assertion. That is why planes fly over the area. The Coast Guard has a presence in the far north. All of these elements support the government's claim to the Arctic. Our military presence is important, but it must not go too far. As I said, our military would not be able to hold off an American aircraft carrier or destroyer for long. Their military is much bigger than ours.

Why not look at other surveillance options as well? In terms of defence, satellites are being developed as an option. Thus, we could ensure accurate surveillance of vast areas in the far north. NORAD is using its satellites for that purpose. They now monitor shipping traffic and can guide their ships on their routes to some extent. They can communicate with them to say, “You are not on your planned route. You must stay on your planned sea route.” Thus, satellites are gaining in importance.

Drones are another possibility. We do not need to use ships and we do not have to pay exorbitant amounts for fuel to patrol the far north. Some types of drones can patrol the area and provide appropriate surveillance.

I had promised earlier that I would talk about distances. I have seen some very impressive distances. The route that will be used will save thousands and thousands of kilometres. For example, travelling from London to Yokohama, via Panama, is a trip of 23,300 kilometres. Using the Northwest Passage, the distance is 15,930 kilometres. If the trip is 10,000 kilometres shorter, shipowners and all marine traffic will save a lot of money. I believe that is the main focus. There is not enough concern about the environment. We ask ourselves how to save money. That is humanity's downfall. Greed often wins over concern for the environment. This has to be regulated.

That is why, as other members have said, the Bloc Québécois will support the bill that is before us. As I mentioned earlier, it is a claim over a territory. If we can extend the protection zone to fight pollution, this legislation will show that we care about that region. Quebeckers also care about the north. Incidentally, the Inuits and the Quebec government have signed excellent agreements for the Nunavik. I think that, as Quebeckers, we too must monitor that part of the far north that is located on our territory. New intentions and interests are surfacing among the parties involved. There are people looking at the impact that this will have on their daily lives. Will all that is going on in the far north and all that has happened in the past have an impact on the food chain? How do we try to settle the issue once and for all?

Again, we will support Bill C-3. It is unfortunate that the government will not take the bull by the horns and say: “As for greenhouse gases, we will deal with this issue to save the far north.” However, should this become inevitable, we will have provided the solutions that we can see. We must not militarize the region. We must reach agreements at international forums to ensure that the far north is accessible to all and that Canada gets its fair share in that region and in the circumpolar regions.

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am very pleased to rise here today to speak to Bill C-3, an act to amend the Arctic Waters Pollution Prevention Act, which would extend the protection of Arctic waters from 100 nautical miles to 200 nautical miles.

I think this is an important issue. The whole Arctic question is crucial. That is why we are debating it here today in the House. It is not simply a question of sovereignty, as some might believe. Of course, this part of the north is more and more important to many people, including the Russians, Danish, Canadians and, of course, Americans.

Basically, everyone wants to lay claim to it and is taking steps to do just that. It is not only a question of sovereignty. It is also a new door opening up, a door to the northwest that will have a considerable impact on a number of issues: environmental issues, international issues, economic issues linked to shipping, for example, and military issues. As we know, at the end of the cold war, various radars were installed in the north. We had to keep an eye out, much as we did for the Russian threat during the second world war. However, energy concerns are also becoming more and more important.

Why is that? The purpose of this bill is to amend the 1970 legislation. What does that act say and how does it define arctic waters? The arctic waters are “waters adjacent to the mainland and islands of the Canadian arctic...within the area enclosed by the sixtieth parallel—. In 2009, Bill C-3 seeks to clarify the definition of arctic waters and to define them as Canada's internal waters and the waters of the territorial sea of Canada and the exclusive economic zone of Canada. Therefore this part of the world would no longer be considered as international waters but rather internal waters.

Why are we being asked to redefine this part of the world? In part because of the effects of global warming. In recent years, mainly since 1960, the area of permanent pack ice has decreased by 14%. Since 1978, it has decreased by 6%. The pack ice has thinned by 42% since 1958. A study by the University of Alberta indicates that the thickness of the permanent pack ice has decreased by 50% over seven years.

This shows that the fight against climate change is going to require, as the Minister of Transport, Infrastructure and Communities said earlier, greater adaptation. This also shows that here, in Canada, we must adopt a real policy to reduce greenhouse gas emissions.

Today's debate shows that climate change is, to a large extent, related to human activity. As the Intergovernmental Panel on Climate Change has shown, this change in our behaviour, particularly during the post-industrial era when we went from a coal revolution to an oil revolution, has had the effect of significantly increasing greenhouse gas emissions on the planet, with the consequences that we are now witnessing in the north.

The government must understand that it cannot simply put in place a policy of adapting to climate change and give up the fight against this new scourge. Just recently, the Secretary-General of the United Nations, Ban Ki-moon, reminded us that we have to act to fight climate change and that we must absolutely have a real policy. In the meantime, it is obvious that the impact in the north will be very significant. This is why, for the first time as of August 2008, we have a new passage called the Northwest Passage, a broader opening of the Northwest Passage and of the Northeast Passage. It is anticipated that this shipping passage in the far north will become permanent in 2040. Shipping traffic will inevitably increase considerably in the coming years.

However, as Bill C-3 suggests, this new Northwest Passage will not involve only economic issues, but also energy issues. What does this mean? It means that access to natural resources in that region will be made increasingly easier. I am thinking for instance of the oil and gas resources located under the ice. According to a study by the U.S. Ecological Survey, it is estimated that the fifth largest undiscovered oil and gas reserve in the world is under the Arctic ice. No less than 90 billion barrels of oil may be hidden under the ice pack in the north. It could meet the world demand for oil over the next three years, at a rate of 86 million barrels per day. What we have under this melting ice pack is a natural resource, an important oil resource that is the equivalent of the total reserves of Nigeria, Kazakhstan and Mexico put together. Natural resources, and more specifically oil and gas resources, are synonymous with development and exploration. We are talking about 90 billion barrels of oil and 47,260 billion cubic metres of natural gas. One third of all known world reserves of gas are under the Arctic ice. What does this mean? It means that in the coming years we will see promoters interested in developing this natural resource. It is no surprise that the presence of natural resources always triggers development, exploration and economic development activities.

Thus, in recent months and particularly in 2007, this route between Europe and Asia has allowed companies like Exxon to successfully bid $50 million to begin exploration in the Beaufort Sea and, in 2008, allowed BP to bid for an operating interest in the Beaufort Sea. For what purpose? To be able to explore for oil in that area and develop this resource.

Where there is oil, there is development, which means more marine traffic and therefore more tankers. The government has to realize that there are risks and an environmental threat directly associated with this Northwest Passage which will see an increasing number of tankers in northern waters. I am not against Canada claiming greater sovereignty over the north. But let us not be blind to the reality that Canada seeks to retain ownership of these natural resources to maintain this oil dependency and continue exploiting resources and fossil fuels that pollute, instead of turning to renewable energy.

The government ought to be embarrassed to put forward this bill on the pretext of preventing Arctic waters from being polluted. It should be embarrassed because Canada's record with respect to environmental protection in the north is rather disappointing. As I said earlier, the north has always been a territory much used by military organizations in particular. We will recall that, during World War II, more than 60 radar installations were built at 27 sites north of the 69th parallel to assess the Soviet threat. These radar stations later changed hands. Those under U.S. authority were transferred to Canada in the mid-1950s, in exchange for $100 million worth of military equipment and a commitment to decontaminate these northern sites.

What is the situation today? In 1995, the Liberal government of the day introduced a decontamination program that was supposed to ensure that the soil in these areas would be decontaminated. However, a few years later—and this is where we see that the Liberal's environment record is no better than the Conservative's record—the internal auditor at Canada's Department of National Defence released an evaluation of these sites. And what did the internal auditor say? He said that the overall cost of the decontamination program had increased significantly, from $322 million to $583 million. To quote the internal auditor: “Delayed application of government contracting policy...increased cost and raised questions regarding the openness and fairness of some contracting decisions—” That is an obvious lack of environmental responsibility on behalf of the Canadian government regarding territories north of the 69th parallel.

Today we have a government that would like more sovereignty in the north and that is introducing Bill C-3, an act to amend the Artic waters pollution prevention Act, and saying that it is making pollution prevention in the north a priority. We do not believe it, and we are not the only ones who do not believe it. According to the Director of the UQAM research group on military industry, Yves Bélanger, the Department of National Defence should test the land as soon as possible to see if the work was as badly botched as the project management was. If so, he said, everything needs to be done again.

That is what the experts and the internal defence department auditor think of the management of these sites.

There is, therefore, an environmental issue here. There is an energy issue, as I said, because there are a lot of natural resources, one-third of the world’s proven gas reserves. There is also an economic issue, related among other things to the sea passage. There is an opportunity here for the big shipowners of the world to save time and kilometres. Ultimately, that means a cost reduction for them. China increasingly wants to use marine transport and big containers to ship its goods. The distance between Tokyo and London by what is called the Arctic route that is expected to develop is 14,000 kilometres, while the southern route, that is the current route between Tokyo and London, is 21,000 kilometres. It will be shorter to use the new Northwest Passage than the present route. It will mean a reduction in costs.

Is there not an obvious danger, however, in having more and more ships going through this passage, which has a rich marine life and its own unique biodiversity and is an unknown, virgin stretch of water with priceless aquatic life that we still have no way of assessing? For us to push ahead today with economic development without knowing the repercussions on biodiversity is a direct contravention of two internationally acknowledged principles: the prudence principle and the precautionary principle.

We are in favour of Canada extending its sovereignty. I am not the only one, though, talking about the dangers and threats posed by an increase in marine traffic. The Arctic Council, consisting of the five member states, Iceland, Sweden and Finland, has also expressed its grave concern about the exploitation of the natural resources and the shipping traffic.

This discussion cannot be held without the participation of the Inuit populations that will be affected. I am thinking among other things of the fishing areas that could be disturbed over the next few years by the arrival of many more ships, whether tankers or container ships.

I was reading an article recently by the Nunavut environment minister, if I am not mistaken, who said that the various partners in this affair had behaved with the old-fashioned paternalism.

In conclusion, I believe that these discussions and debates should take into account the effects on the local area and the energy, military and environmental implications. It is essential that they include the collaboration of the first nations.