An Act to amend the Arctic Waters Pollution Prevention Act

This bill is from 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 has also written a full legislative summary of the bill.

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.

Similar bills

C-3 (40th Parliament, 1st session) An Act to amend the Arctic Waters Pollution Prevention Act

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-3s:

C-3 (2021) Law An Act to amend the Criminal Code and the Canada Labour Code
C-3 (2020) Law An Act to amend the Judges Act and the Criminal Code
C-3 (2020) An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts
C-3 (2015) Law Appropriation Act No. 4, 2015-16
C-3 (2013) Law Safeguarding Canada's Seas and Skies Act
C-3 (2011) Law Supporting Vulnerable Seniors and Strengthening Canada's Economy Act

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 1:40 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

Mr. Speaker, I wish to thank my hon. colleague for giving me the opportunity to talk a little more about the Inuit and first nations presence.

The member gave an excellent example, specifically, the ship that violated Canadian sovereignty. He is quite right. Canadian authorities granted authorization after the ship had already passed. People in the far north objected and positioned themselves in the path of the ship.

There was a point I was not able to address in my speech and I would like to address it now. It has to do with the presence of the Canadian Rangers. The Rangers, who are often Inuit, patrol the far north. I even asked the Rangers if I could go out on a few patrols with them. It is the basic map that will prove to international opinion and to international courts that these are the people who live on that land. Not only are they Inuit, but they are also Canadian.

I would also like to take this opportunity to say that the government must include Nunavik in its strategy for the far north. Nunavik has been completely overlooked. The importance of other Canadian regions is finally being recognized, with the exception of Nunavik in Quebec. I urge the government to include Nunavik among the other Inuit partners. Yes, the Inuit presence is extremely important in our argument to prove Canadian sovereignty in the Arctic to the rest of the world.

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 1:40 p.m.

Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I would like to congratulate my colleague from Saint-Jean on his excellent speech. As other members of the House will have noticed, he is very familiar with this file. Personally, I have one concern about this issue.

Members have talked about the impact of climate change—we have seen the ice melt and the consequences of failing to invest in the Kyoto protocol—and the importance of working with the Inuit on this file. I also have a problem with militarizing the Arctic, which will involve huge sums of money. Enormous amounts of money. Military spending has gone up since the Conservatives have been in power. This government tends to spend heavily on the military. And this would mean spending vast amounts of money. Money spent on this kind of thing does not help unfortunate people who lose their jobs, nor does it help to create social programs.

I would like my colleague to comment on that. What can we really do to avoid increasing military spending in the Arctic?

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 1:40 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

Mr. Speaker, I thank my colleague for his excellent question. Since the Conservatives were elected, militarization has run rampant. Purchases of aircraft alone total $16 billion, not to mention procurement for land and naval forces.

The government promised to purchase a huge icebreaker, which is not a military item. It is required for travel in areas where there is thick ice so that Canada can maintain a presence in Arctic waters. It seems that this has been shelved and they are considering purchasing military vessels. That is a dead end. I said, as did my colleague, that we are all worried about the military presence in the far north. That is not the solution because we are facing much larger players than ourselves. We would not succeed even if we were to use Canada's total budget. The United States spends almost three times as much as Canada: $450 billion per year compared to our budget of about $200 billion. Thus, that will not work. That is not the answer.

My colleague is right. Diplomacy and science, the continental shelf, and the presence of the Inuit people are our best bargaining tools.

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 1:45 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I rise to speak to Bill C-3. We in the NDP came out in support of the bill at second reading. After a fairly rigorous examination of the simple bill in committee, we felt we could continue to support it. It really does not have any negative aspects other than the fact that it is unable to provide the level of protection through the actions of the government, which a bill like this would tend to make people think would come.

Bill C-3 extends coverage of our environmental laws to 200 miles offshore, but in evidence given in committee, it was quite clear that this new limit really only applied in one part of the Arctic, and that is the area adjacent to the Beaufort Sea, now covered with ice. As the witnesses demonstrated in committee, there was no traffic at all into the region the bill was designed to expand our control over. It is covered with ice and no ships are entering other than perhaps research vessels or the Canadian icebreaker.

The area is not under dispute between different countries. This is a rather innocuous change but it is an important subject. That is why all of us are standing up one after the other to talk about it. That is why we took time in committee to look at all aspects of Arctic development and had witnesses appear from a variety of government departments and a variety of other concerns. The Arctic is important and what happens there is extremely important. What happens to the Arctic in terms of climate change will change the ice coverage in the area we are extending our jurisdiction over.

There will be more traffic. There will be other uses coming forward, whether it is shipping, tourism or other things. It is important that we join the rest of the world in understanding how we can deal with the Arctic. One of the key aspects we have to approach is our relationship according to how the other countries of the world, which have a stake in Arctic waters, approach the issue.

I had the opportunity to attend, on behalf of my party, the Ilulissat, Greenland meeting. As well, last summer I had an opportunity to visit with the Arctic parliamentarians when they met in Fairbanks, Alaska. I had a chance to learn about the attitudes of people across the world toward Arctic waters and to hear questions about the change in the nature of the Arctic ice cover to the importance of Arctic resources.

Quite clearly, the government needs to continue to expand its international presence on Arctic issues. When the government took office three and a half years ago, it had the attitude that it would use the Arctic sovereignty issue as a political football to enhance its image as standing up for Canadians. In some ways, that is exactly the wrong approach to take.

It is not a question of Canada's status in the Arctic. We have great status in there. Our status has come through our work, along with other countries, to ensure the Arctic is developed and used in a responsible fashion.

I am pleased to say, at the meeting in Tromso, which unfortunately I was unable to attend but which I have followed very closely, the 2009 Arctic marine shipping assessment report was delivered. That report has been in the making for a number of years. It speaks to many of the issues in the Arctic and it speaks to them on the basis of all the Arctic countries, which I think is a very useful approach.

When it comes to sea ice, what does the marine shipping assessment say? There is a possibility of an ice-free Arctic Ocean for a short period of summer, perhaps as early as 2015. This would mean the disappearance of multi-year ice, as no sea ice would survive the summer melt season. To people who live and work in the north, this is a truly frightening occurrence. We are completely changing the nature of the Arctic.

What does the retreat of Arctic sea ice over these recent decades mean? It has improved marine access to some degree, although when we talk about particular shipping lanes, we talk about the fact that when we take off, we will see a lot more movement of ice through the areas as well, as the ice cover comes off. There will be more pack ice moving through. There will be more intermittent access than perhaps steady, free access to that area.

We will see changes in coastal ecology and biological production. We see that in the types of fish that are coming around the coast of Alaska from the Pacific Ocean and that are starting to show up in the nets of fishermen on the Arctic coast.

On the other side, we see that the change in the melt ice has created a situation. This was talked about today on the radio, the decreased level of salt in the waters off the coast of Labrador and those areas. Those things are happening right now.

There are adverse effects on many ice-dependent marine mammals. We have the issue of the status of the polar bear, which came up strongly last year. We also have increased coastal wave action. That plays out very much in my riding on the Beaufort Sea, where the lack of sea ice cover has increased the type and severity of the weather there. Once again, we see these problems.

From the marine shipping assessment report, what is one of the main items that are considered? The most significant threat from ships to the Arctic marine environment is the release of oil through accidental or illegal discharge. In committee this was raised by the parties, through their witnesses, and the answers were much less than satisfactory. The answers that Environment Canada had for its enforcement or its ability to get out there and find out what was going on were very limited. The technology development in which we were all interested, in terms of how to ensure that these—

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 1:50 p.m.

Some hon. members

Oh, oh!

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 1:50 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, perhaps I could encourage somebody else to speak to this issue after my—

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 1:50 p.m.

The Deputy Speaker Andrew Scheer

Order, please. The hon. member makes a good point. It is becoming increasingly difficult to hear him. He is on the other side of the chamber. Perhaps we could have a bit of order, as we should always have, to allow the Chair to hear his remarks.

The hon. member for Western Arctic.

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 1:50 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I bow to the goodwill of the other members of the House to continue my address.

When we looked at the problems that we had in terms of the major and most significant threats from ships in the Arctic, we did not have answers, at lease no answers that we could identify which suggested that we were on top of this issue.

How much is the Arctic being used right now? The marine shipping assessment report says that there are approximately 6,000 individual vessels making multiple voyages in the Arctic regions and that approximately half of them are on the great circle route in the north Pacific that crosses the Aleutian Islands. Approximately 1,600 of these vessels are fishing vessels.

Nearly all the movement in the Arctic is destinational, conducted for community resupply, marine tourism and moving natural resources out of the Arctic. There is no trans-shipping yet that occurs in the Arctic regions. That is something that probably would more likely occur once the future ice cover has moved back and we have a clear understanding of the intermittency of the pack ice in the area.

Significant increases in cruise ships, the majority of them not built for Arctic waters, have been observed in summer season around Greenland within the past decade, and certainly those ships have been identified as an area of potential concern.

What is the governance? When we are talking about the need to protect the Arctic, we are talking about the need to protect from marine vessels. We are not talking about much else when we talk about how we will deal with marine protection in the future. How do we deal with the governance of Arctic shipping?

The law of the sea is reflected in the United Nations Convention on the Law of the Sea. It provides the fundamental framework for the governance of Arctic marine navigation. The International Marine Organization is a competent UN agency with responsibilities related to the global maritime industry. It has been very active in developing guidelines for ships operating in Arctic ice-covered waters. I think that is one of the issues that we must come to grips with here. Guidelines are not good enough.

What we need for Arctic shipping to protect the Arctic is international regulation that says that ships operating in the Arctic must meet minimum conditions for Arctic waters. The International Association of Classification Societies has developed non-mandatory unified requirements for its members that addresses the issues around ship construction, which are defined again in the guidelines.

We need to move forward from that point, which is where Canada can work very effectively at the international level and potentially within our own waters to ensure that we have that quality of ships working in the Arctic.

There are no uniform international standards for ice navigators. Quite clearly, when entering into Arctic waters, one needs to have proper navigation, a pilotage system that can deliver those ships safely through very difficult waters. Even within the Northwest Passage, the charting that has been done there is very minimal.

We have a new marine terrain opening up and that marine terrain has to be well protected.

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 1:55 p.m.

The Deputy Speaker Andrew Scheer

Order, please. The hon. member for Western Arctic will have approximately six and a half minutes the next time this bill is before the House after question period.

The House resumed consideration of the motion that Bill C-3, An Act to amend the Arctic Waters Pollution Prevention Act, be read the third time and passed.

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 3:10 p.m.

The Speaker Peter Milliken

When debate was interrupted, the hon. member for Western Arctic had the floor. There are six and a half minutes remaining in the time allotted for his remarks.

I therefore call upon the hon. member for Western Arctic.

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 3:10 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, before question period, I talked a lot about the new 2009 Arctic marine shipping assessment that was presented in Tromso, Norway. I want to wrap up my discussion on the bill. I have pointed out the importance of preventing pollution being an international concern. We have to work well internationally to accomplish the goals we have for our arctic waters.

The assessment was as a result of the work of a number of Arctic nations, including Canada, so it is important that we look at the recommendations.

Under oil spill prevention, we need to see the Arctic states enhance a mutual co-operation in the field of oil spill prevention, in collaboration with industries that support research and technology transfer, to prevent the release of oil into Arctic waters. They have identified quite clearly that this is the highest priority in the Arctic for environmental protection as the ice recedes and shipping increases in the area. There is a clear message to the government to join in internationally to make this happen.

We should support development of a comprehensive Arctic marine traffic awareness system to improve the monitoring and tracking of marine activity, enhance data sharing in near-real time and augment vessel management services in order to reduce the risk of incidents. As I pointed out before, some 6,000 vessels are in Arctic waters now and are engaged in many voyages. We do have the quantity of ships entering Arctic waters. We need to have the systems to ensure that we can keep track of them and that they are well accounted for.

Last year, we saw the sinking of a cruise ship off the coast of Antarctica. This type of disaster has the potential to occur in our Arctic waters as well. Many of the cruise ships that are now plying the Greenland coast, between Greenland and Canadian waters, are simply not equipped for the Arctic conditions. These national monitoring systems and working together internationally to ensure that vessel traffic is well understood in the Arctic will do more to prevent pollution occurrences. We need to monitor the way the ships conduct themselves in the Arctic waters and work to ensure that the pollution from those ships is limited.

The third recommendation was circumpolar environmental response capacity. This would be to see that the Arctic states continue to develop circumpolar environmental response capabilities that are critical to protecting the unique Arctic ecosystem. This can be done through circumpolar co-operation and agreements as well as regional bilateral capacity agreements. This would cover areas as well as search and rescue.

The world recognizes the importance of protecting the Arctic environment. Canada's role is to work with the rest of the world in co-operation to achieve the goals for our rapidly changing Arctic.

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 3:15 p.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I know this area is very important to the member. In the minister's speech on the bill at second reading, he talked about the development of oil and gas, how important it was in the North and the rich resources there. That was one of the reasons the bill was necessary. Does the member think the bill is very helpful in supporting oil and gas development for his constituents?

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 3:15 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, the bill does not address that issue very well. It would simply extend the boundaries that we would protect. Without the work going into the issues that I have talked about, we are very much leaving ourselves at the mercy of the good intent of the industries that are going to be engaged in the North.

We need to take real, concrete steps to ensure that ships and industries that want to utilize the resources in the Arctic, be it fishing, tourism or oil and gas, follow very strict guidelines. In fact, we do not only need guidelines, regulations that ensure these vessels and crews act in a manner that is acceptable and uniform across the Arctic waters.

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 3:15 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I thank my hon. colleague for his astute comments on the bill. Canadians are united in their desire to see a high level of diplomacy and negotiation conducted among all nations that touch on the Arctic. I believe there are five competing jurisdictions and we all understand the need for co-operation in this interconnected world in which we live.

Could my colleague comment on his views or feelings about the current state of diplomacy and international co-operation going on in this region and on the subject of the bill?