An Act to amend the Arctic Waters Pollution Prevention Act

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

This bill was previously introduced in the 40th Parliament, 1st Session.

Sponsor

John Baird  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published 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.

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.

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 1:15 p.m.


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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, my colleague from Yukon came to committee to raise precisely those issues.

We approached the bill in a serious fashion. We said from the very outset that we wanted to support the principles of the bill, which is a logical extension and conclusion of initiatives that began in 1970 and then proceeded in 1982 under a Liberal government led by Pierre Elliott Trudeau. We felt that this was the way to go but we all wanted to have answers about the environment. It was not the what to do about the environment but the how to do it. How would the environment be protected? What measures would the Government of Canada take to illustrate that there would be a serious approach to ensure that any polluters would pay, or to use the words of the Minister of Transport, “polluter pays”?

We brought forward officials from the various departments to see how they were equipping themselves to take on this additional responsibility. Members heard what I said in my speech. They shrugged their shoulders and said that they did not know, that they did not have the mandate and that nobody knows what is going on.

That raised questions. Does the government have the competence to do what the bill demands it to do? Is the government exaggerating its own importance in doing what is the logical extension of previous legislation? On that, there is no doubt that the government exaggerates and demonstrates incompetence.

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 1:20 p.m.


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Bloc

Claude Bachand Bloc Saint-Jean, QC

Mr. Speaker, this is the second time I have spoken about Bill C-3. Many people here are wondering why the debate on this issue is escalating.

The bill focuses on preventing pollution in Arctic waters. If we look at what has happened in the past few years, we can see that this is a growing issue that is garnering a lot of attention not only here in Canada, but also in circumpolar countries and international forums.

This issue has grown recently in part because of climate change, which is speeding up. Like it or not, the Northwest Passage is opening up, with all that that implies.

It is not just the circumpolar countries that are concerned about the extent of their respective sovereignty. With the Northwest Passage allowing shipowners to shorten shipping routes and with the extensive deposits in the Arctic, as shown in American geological studies, it is no wonder the debate is heating up.

I have been attending the NATO forum regularly for the past few years. I recall very clearly making a comment at NATO four or five years ago. As we all know, NATO is a large political and military organization. I had asked if the Northwest Passage, which was going to be opening up over the next few years, would change the geopolitical situation of the entire planet, whether militarily, environmentally, economically or culturally. My speech fell flat because no one seemed to realize the importance of the situation.

This issue now comes up on a regular basis in Brussels, which illustrates how important it is. I would like to give some examples, because I think there are some international shipowners who will be very happy about the opening of the Northwest Passage. I have here the distances travelled by a ship from London, England to Yokohama, Japan, for instance. The ship would travel 23,300 km if it goes through the Panama Canal, 21,200 km if it goes through the Suez Canal and 32,289 km if it goes around Cape Horn. The Northwest Passage shortens the journey to 15,930 km.

As we can see, there is a big difference. The distance between New York and Yokohama or Hamburg and Vancouver would also be shorter. The journeys nearly everywhere are shortened. Distances are shortened by using the Northwest Passage.

Knowing how private enterprise works and how shipowners operate, and with everything that has happened around the world recently, everyone is chasing the buck. People are not even maintaining their ships. People do not care if there is another Exxon Valdez in Canada's far north. People do not care if a ship goes through, runs aground and causes an enormous environmental disaster. Clearly, shipowners and business want the cheapest, fastest passage possible, with the least amount of regulations.

That is why it is important to have this debate, and this goes beyond increasing the limit from 100 miles to 200 miles. It is only normal that it should go further. As I said, it will have major economic, cultural and environmental repercussions.

So what should we do about it? I understand why Canada wants to prove that these waters have always been part of its territory. Canada believes that these waters belong to it. I also understand why others disagree. The region holds tremendous resources, so it is not surprising that other nations, particularly circumpolar nations, have taken a keen interest in this matter and dispute Canada's claim. The United States is a typical example. The Americans do not believe that these waters necessarily belong to Canada. They consider them to be an international waterway. There is no need to wonder why.

There are a lot of resources and fossil fuel deposits in the region. I think that the Americans are trying to position themselves for access to those resources. That is to be expected, and we understand their position, but we also have to understand what Canada's goals are in this regard.

I want to take a few minutes to talk about something that few people ever mention: the importance of Inuit and first nations people in the far north. These people have been ignored for so long. The far north was such a difficult and challenging environment that few people ever went there. Now, even with global warming, those who do go must be very well equipped because a minor incident can quickly turn into a major tragedy. For many years, centuries even, the government ignored the people who have been living in the region since time immemorial: the Inuit.

An excellent article by the leader of the Bloc Québécois, on why we must promote and work with the Inuit of the far north, appeared in the paper today. It is very important because it is their land. Those who challenge this fact should reread their history books. They were here well before white people arrived in America. There is still no consensus about their origin and where they came from. And yet, they live there. When something happens in the far north, we generally forget that they were there before anyone else. Therefore, it is important that they be consulted knowing that this human presence in the far north, which goes back to time immemorial—as they like to say—is probably the most significant factor in defining Canadian sovereignty.

I had the honour and the privilege of serving on the Standing Committee on Aboriginal Affairs and Northern Development for seven years. It is only by travelling to the far north that we can appreciate the significance of their presence and admire how they have been able to survive in such an inhospitable climate with such rudimentary means. For centuries before the arrival of snowmobiles they used dogsleds. I remember the first time I arrived in Davis Inlet. The Inuit leader came to collect me with a sled harnessed to a snowmobile. It was about -25° and I was not dressed warmly enough. My experience of the conditions they have to contend with kindled my great admiration for them. That is the reality in the far north.

Yet the Canadian government rarely consults the Inuit about policies that have to do with the far north. In our opinion, Arctic development hinges on the Inuit, who are recognized as Canadians. The government must see these people as vitally important. At the time, there were four areas for the Inuit: Labrador, northern Quebec, Nunavut and the Inuvialuit in the far west. Gradually, they made demands and set up governments. They do not enjoy full autonomy or complete self-determination, but the governments that came before the Conservative government always conceded that they were entitled to some autonomy and gave them self-government with the right to certain territory. Today, those territories have parliaments. It is important to continue to do that. The government must recognize that the Inuit presence is an important element in Canada's policy on Arctic sovereignty.

The bill before us has many implications. I could go on at length about the environment, but everyone knows that this bill serves to assert Canada's sovereignty in the Arctic. Starting on the archipelago and all the islands, if we extend the exclusive economic zone from 100 miles to 200 miles, we are laying claim to more land.

That is not enough because, as I said earlier, some nations covet the major deposits and the shipping lanes in the Arctic. Canada will have to assert its sovereignty in the far north in various ways.

The Standing Committee on National Defence is currently conducting a study on this issue, and when various departments appeared before that committee, I was very pleased to see that the Department of Indian and Northern Affairs was responsible for coordination. Naturally, other very important departments are involved, such as Fisheries and Oceans Canada, Environment Canada and Foreign Affairs and International Trade Canada. Another department that also plays an important role is National Defence.

I would just like to caution, though, that we will never deal with this issue by militarizing the far north. It is absolutely impossible. I often ask how long the Canadian navy could stand up to the U.S. navy if we did not get along and we decided to take on the Americans and bar the way to an American frigate. Canada's fleet would soon be on the bottom of the Arctic Ocean. We would not last very long. The same thing would happen if we were to take on the Russian navy, which has a whole slew of nuclear submarines.

That is not going to solve the problem. That is why I agree somewhat with the member who spoke before me, and with others. The government should not attempt to exercise its military might in the Arctic. That would be counter-productive. The government cannot walk the talk because Canada simply does not have that kind of military capacity. That is not the right way to do it.

However, the Department of National Defence does have a role to play, as it always has. Think of the DEW line, the distant early warning line, a radar network built in the 1950s to keep an eye on what the Russians were sending our way back when the Russians and the Americans were global superpowers. The government watched what the Russians were up to by building a radar network that covered nearly 5,000 kilometres. That was important at the time.

As an aside, that network is proof that we have not done enough on the environmental regulation front, which is so important. We have an awful environmental mess in the far north because of that network. Whole barrels of toxic materials have been left behind in the far north, where the ecosystem is very sensitive. Now we have to try to fix that because the entire food chain is falling apart as a result. Canada has to do something about the environment, and extending its jurisdiction from 100 to 200 miles is part of that.

The armed forces have a role to play. They should conduct land-based exercises. We have the right to do so because we occupy that territory. We should also conduct exercises in the air. My colleague mentioned a single Dash 8, but we have more than Dash 8s up there. Auroras are patrolling the area too. There has also been talk of using drones, which cost a lot less. A similar strategy has been proposed for Afghanistan. It is a lot cheaper to conduct surveillance of a coast or the far north with drones than with planes that weigh who knows how many tonnes, have motors that pollute and have to be maintained. Military drones are important right now.

The navy, meanwhile, can send frigates, but it cannot do so with aggressive intentions. Indeed, as I was saying earlier, we are not in a position to stand up to the Americans or Russians if we decided to go the military route.

Another very important aspect is being developed at this time, and that is monitoring those who use the passage. Did they tell anyone they were coming? How did they enter the passage? Where are they going? From a military perspective, satellite observation will be very important. I had the privilege of visiting MDA Corporation in Sainte-Anne-de-Bellevue, which manufactures RADARSAT-1 and RADARSAT-2. It also made the Canadarm. It will be extremely important in our far north. Satellite observation will be very important. Furthermore, National Defence can be asked to contribute, in terms of military force.

Incidentally, I was pleased that the Canadian government stopped the transaction with the Americans.

We all understand that if MDA—which is sending its RADARSAT-1 and RADARSAT-2 satellites into orbit for observation—were to be controlled by the Americans, they could decide to enter into our marine space. For instance, an American submarine could surface in the far north. We all know that if the Canadian government asked the American government for satellite imagery from a particular date and time in order to see if an American submarine had been in Canadian waters, they would probably tell us that they did not have that imagery. We would have no way to confirm that.

Thus, it was very important that we maintain control regarding the issue of satellites and this will become even more important. We have invited MDA and COM DEV, two companies that work on satellites, to come and give a presentation on the far north to the Standing Committee on National Defence. It will be interesting to follow this.

The bill also addresses the environment and the importance of establishing—I will not say regulating—environmental standards. As I was saying earlier, it must be the most cost-effective route for shipowners or those who travel the passage. Consequently, there must be as few regulations as possible. We must be vigilant and ensure that the environment of the far north is protected always.

The Department of Foreign Affairs also has a role to play. The last time Foreign Affairs representatives appeared, they were accompanied by an official who I personally found to be very arrogant. They did not seem to think that there was a need for an international treaty. I do not see how we can function without one. The treaty could begin by setting out that government to government diplomacy, and not military authority, would be used to settle disputes in the far north. In my opinion, we could consider this.

Those watching may not be aware that there is a United Nations Commission on the Limits of the Continental Shelf, which currently has a very important role to play. I was surprised to note that it just extended Norway's continental shelf by 230,000 km2 in the direction of the North Pole. Some people are now starting to say that that could result in the overlapping of areas claimed by Norway and Russia. This dispute will have to be settled by independent and autonomous nations, that is sovereign nations.

Therefore, it is important to know that this commission has a role to play. Yet, the fact that it recognizes such boundaries does not give them the force of law. What often becomes law is an international treaty and then international courts must untangle the Gordian knot. As far as we are concerned, Canada is continuing with its study of the continental shelf because it is important.

How can we address the issue of sovereignty? I talked a bit about this earlier. I spoke about occupying the land, and I want to come back to that if I have time, but there is also the scientific issue. Denmark and Canada are looking at this together. That is what I have been told. They are looking at the shelf that extends under the ocean, from the edge of the continent. How far that shelf extends is critical.

It is clear that circumpolar countries such as Russia are saying that their shelf goes further. Canada is saying the same thing. That will have to be settled eventually, and we will see what the UN Commission on the Limits of the Continental Shelf has to say. But we will have to sit down with our friends and colleagues in the far north to reach a peaceful, diplomatic, non-military agreement.

I call on the government to stop acting tough on this issue. When we are faced with someone who is stronger than we are, we can try to say we are stronger, but we know we are not. Acting tough will get us nothing but a punch in the nose.

We should take a diplomatic approach. We should go through the international courts. We should use scientific studies on land occupation from time immemorial. Then we will have the right arguments to defend Canadian sovereignty.

Arctic Waters Pollution PreventionGovernment Orders

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


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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I quite enjoy the member at the aboriginal affairs and defence committees. He made a very good point about the importance of aboriginal people who have lived in the north for thousands of years and their role in sovereignty there.

Could he comment further on that and give a cogent example of when the United States tried to send a ship through without having asked Canada for permission, although we gave it? An Inuit dog team pulled up and stopped the mighty ship's progress forward. I would love to have a picture of that for my wall. As international lawyers define historic use, which has gone on for a thousand years, this was a perfect example of that. Could the member talk about that role in sovereignty as opposed to a lot of the military items about which we have talked today?

Arctic Waters Pollution PreventionGovernment Orders

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


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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.


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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.


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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.


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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.


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Some hon. members

Oh, oh!

Arctic Waters Pollution PreventionGovernment Orders

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


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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.


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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.


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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.

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


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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.