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 / 12:30 p.m.

Conservative

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.

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 12:40 p.m.

Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, I welcome the intervention of the Minister of Foreign Affairs in the debate, inasmuch as this has been presented as a bill on transport.

The Minister of Foreign Affairs has preceded the presentation of the bill by his colleague in the House with some expressions of concern about our sovereignty that elicited responses by the Russian Federation and others with respect to his claims.

I make special mention and I would like the minister to comment for us, because we are talking about Canadian interests, and those of us in this party and on this side of the House are always promoting Canadian interests.

I am glad he referred to the 1970 legislation, the Arctic Waters Pollution Prevention Act, which was presented and passed by a former government, not his and not associated with his party, and a subsequent piece of legislation that confirmed the law of the sea for Canada, which allowed us to get into this particular legislation, again by another Canadian government, not his

I refer specifically to two aspects of it: first, his suggestion that this is an unprecedented bill, given the context I have just given; and secondly, that it is a powerful demonstration of our commitment to the north, to the peoples of the north and to our sovereignty in the north.

We can talk about “unprecedented” for a moment. I would like him to comment on how that is unprecedented, given that it involves legislative powers we already held. More important, I would like him to address the issue of “powerful demonstration”, because I think most members of the House and the public who would be following the debate would suggest that the word “power” comes with means and mechanisms to ensure that the interests we have put on the table for the world to examine come with them measures that reinforce our claim and that they are not just simply laughed at by others who take a look at this exaggeration as a cover for lack of competence.

Mr. Speaker, you may recall that the Minister of National Defence, following on the initiatives presented by my hon. colleague opposite, made some claims about other people making incursions in our territory, which prompted comments by foreign affairs ministers and defence ministers from the Russian Federation and the rest of the world, scratching their heads as to what they were talking about.

I wonder if he would take a moment or two of his time to enumerate for the House those specific demonstrations of power that will accompany--

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 12:45 p.m.

The Deputy Speaker Andrew Scheer

The hon. Minister of Foreign Affairs.

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 12:45 p.m.

Conservative

Lawrence Cannon Conservative Pontiac, QC

Mr. Speaker, I would be more than pleased to do so, to enlighten my colleague who clearly is not familiar with Canada's northern strategy and its four pillars. I refer to environmental protection; I can refer to sovereignty; I can refer to the issue that deals with governance; I can as well refer to the issue that deals with economic development and sustainable development.

Those are the four pillars that this government has put in place as a matter of policy. I invite my hon. colleague to look at the budget, not only last year's budget but this year's budget as well, to realize what has been invested in terms of infrastructure, in terms of commitment to make sure that we do have deep-water ports that will be able to accommodate the vessels that will be there, and also to reflect on the fact that Canada is putting an additional 500 rangers in that region to be able to go forward and assume our sovereignty.

We will be going through a lot of exercises. We do so on a regular basis. We are working in close tandem, in lockstep, with other Arctic Council partners in terms of research and development, and elaborating new policies.

I have just come back from Tromsø, Norway, where last week we had a meeting of the Arctic Council, the first meeting in two years. A lot of decisions have been made. Canada is playing a fulsome leadership not only in the Arctic Council, but as well, on 57 projects that deal with the circumpolar year.

These are factual things that are being done. These are tangible example of things that this country and this government is doing. When the hon. member wants a demonstration of powerful things, all he has to do is come to the Arctic Council and have somebody from his party come to the Arctic Council, who refused to come with me, and they would have witnessed to what point and to what extent this government is standing up for the Arctic.

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 12:45 p.m.

Bloc

Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, I listened with interest to my colleague's speech. It is urgent that we adopt an Arctic policy that reflects the importance of climate change and the new reality in this part of the world. Therefore, the Bloc Québécois will support this government bill.

However, I would like the minister to indicate if he intends to use a particular angle, that of history, to ensure Canada's sovereignty in this part of the world. This year, we are celebrating the 100th anniversary of the completion of Captain Bernier's expedition. This is an important historical event and I would like to draw the minister's attention to this chapter of history. There was also John Franklin's expedition.

Does the government plan on promoting this history through the production of movies or books or by some other means? One of our local organizations made a presentation on this subject in order to obtain funds from a program to commemorate such events. Is the minister prepared to invest energy and resources into promoting history in order to support Canada's position in this regard?

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 12:50 p.m.

Conservative

Lawrence Cannon Conservative Pontiac, QC

Mr. Speaker, I cannot make a specific commitment to my colleague about allocating monies to the promotion of the Arctic in particular.

However, I do know that we are celebrating the 100th anniversary of Captain Bernier's expedition that made Canadian sovereignty in the Arctic a reality. That is what I have been told. It is not just the 100th anniversary of the Department of Foreign Affairs or of the Montreal Canadiens, but of the fact that we took possession of that place.

I was in Norway last week for a meeting of the Arctic Council and I can also speak about the centre we opened in Oslo, within our embassy, not only to promote the Arctic on behalf of those living there but also to call for projects that could benefit all parties.

Therefore, we are already promoting the Arctic.

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 12:50 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, of course the larger diplomatic issues that surround Arctic sovereignty include Russia, where we see that the government has taken a very hard line about overflights.

Last summer when I attended an Arctic conference in Fairbanks I had an opportunity to talk to the admiral in charge of the United States Coast Guard. He told me at that time that the Russians were filing flight plans for all their overflights with him.

My question for the minister is this: We have created quite a situation with our declarations about these overflights. Why did Canada not get the information from the United States on these flights?

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 12:50 p.m.

Conservative

Lawrence Cannon Conservative Pontiac, QC

Mr. Speaker, my understanding is that there is a commitment under the START I convention that was signed between the former Soviet Union and the United States of America where there is an obligation to be able to log the overflights that will be coming. Canada is not part and parcel of that.

What I can say, and I want to reassure my colleague and the members of the House, is that I have had the opportunity of speaking with the Russian Federation's foreign affairs minister to see what can be done to advance the cause.

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 12:50 p.m.

Liberal

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.

Arctic Waters Pollution PreventionGovernment Orders

May 4th, 2009 / 1:10 p.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, I was struck with how the member's speech dealt with not just the environmental issues in the bill but it seemed to deal with issues involving the boundary between Canada and Russia and the alleged grandstanding by the Russians close to our territory. Probably, in that incident, they flew in their own territory. There is nothing wrong with that. Perhaps it was the grandstanding of our own defence minister in alleging that there was something strange about Russians flying military flights in their territory close to Canadian territory. I am just wondering whether that has muddied the waters in relation to the bill. In fact, no country, Russia, Canada or the U.S., will be publicly debating in a place like this the measures they may take to protect their own sovereignty in places like the Arctic.

Could I conclude that the member does not see the bill as hugely problematic but that it may involve a lot of sidebar issues that are distracting us from the bill? In other words, should we not get the bill passed and then move on?

Arctic Waters Pollution PreventionGovernment Orders

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

Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, my hon. colleague from Scarborough—Rouge River, in his usual erudite fashion, has asked the position that every individual who is following this debate is asking, which is: Do we as members of Parliament stand for the development of individual Canadian interests and collective Canadian interests?

There is an easy answer to that. I belong to a party that has always promoted the Canadian interest and the interest of every individual Canadian no matter where they come from

I feel exceptionally proud when we can say that we are providing leadership, as we did when we promoted the Arctic waters act and when we had the additional measures under section 234 on the Law of the Sea. This is an extension of that and a recognition of that.

I want to advise my colleague that the interventions by ministers of the government in the last little while, yes, they have muddied the waters. They have bruised our reputation, so much so that the Russian minister of defence, I think it was he, felt that he had to write an opinion piece in one of our national newspapers to correct the record. That does not help in any diplomatic relations that we will have going on down the road. The government keeps insisting on poking the eye of the Chinese.

However, I think we will support the principle of the bill.

Arctic Waters Pollution PreventionGovernment Orders

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

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I thank the member for an excellent outline of the debate and its ramifications.

All sorts of topics were brought forward in committee by government ministers and government officials tangential to the bill. However, the one that is brought forward most often is basically, as the member for Scarborough—Rouge River said, an administrative extension of the great Liberal bill by Trudeau. The ramifications are that we have this huge area the size of Saskatchewan to protect. What all the opposition parties are questioning is the ability of the government to protect that area.

We can give ourselves new power but there is no one to protect it, or if we add 100 square miles to the area to be policed but there are no new policemen, how will we monitor it? The government had no answers to that except to say that it definitely did not put any money in the budget and no department would respond that it had added any new resources.

I wonder if the member has concerns about the ability to monitor this area the size of a prairie province.

Arctic Waters Pollution PreventionGovernment Orders

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

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.

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.

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.

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?

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 3:20 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, the major issues facing Canada with international agreements really lie with Canada and the U.S. We need to sort out the issues of the Northwest Passage in a fashion that we can move ahead. We need a certain measure of understanding between the United States and Canada as they both have valid interests, Canada in protecting its territorial waters and the U.S. in ensuring it has some valid access. Those things have to be worked out between the two countries.

A much more interesting near time issue is the boundary between Alaska and Yukon, which, since 1982 when the U.S. changed its policy on the boundary, has left an area of 4,000 or 5,000 square kilometres in the Beaufort Sea. This is likely a development area that is under dispute between Canada and the U.S. Those bilateral discussions must go ahead in a fashion that can lead to a solution.

When we are talking about the Beaufort Sea, we are talking about an area that is under active exploration right now. To have this extent of a border issue in that area is not acceptable. We need to work in that area. I have not heard that the government has made any movement in this regard.

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 3:20 p.m.

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, I want to thank my friend from Western Arctic for his work on this file.

I recall back in the mid-eighties when Mel Hurtig, a publisher from Edmonton, dropped a Canadian flag with a note on a vessel going through our north saying, “You should have asked permission”. That wound up with me being first president of the Hamilton Chapter of the Council of Canadians. I have had a concern about sovereignty for a long time.

The member spoke about vessels going through the north, that the ice flows would break up earlier and there would be more tourism and more vessels going through. Are there any provisions concerning the fouling of the waters by these ships? We know that happens in the main oceans.

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 3:20 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Madam Speaker, the Arctic marine shipping assessment, which was presented in Tromso, talked about the expanded marine traffic increasing the possibility of introducing alien species into Arctic waters, which is of major concern, and then pathogens from ballast water discharge and hull fouling.

These activities occur with ships all over the world. The difference is, within the pristine Arctic conditions, the introduction of any of these fouling emissions can have a serious deleterious effect on that environment.

All of us in this world want to maintain what is good in the environment now in the face of what has happened over the last hundred years.

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 3:20 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, in my home province of British Columbia I know how important the coastlines are to the citizens and how deeply they care about maintaining the pristine nature of the waters up and down the coast.

One of the many ways this concern is expressed is in ensuring that ships carrying toxic materials, such as oil tankers, are carefully regulated and, in fact, banned in many areas, so we do not run the risk of having terrible oil disasters, like what happened with the Exxon Valdez some years ago.

Could my hon. colleague from Western Arctic, whom I want to congratulate on his wonderful work on this bill, elucidate a bit on how the bill may or may not impact upon the possibility of dumping oil or other toxic substances in the pristine waters of the Arctic?

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 3:25 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Madam Speaker, I think the House has to recognize that this bill speaks to an area in the Arctic that is not accessible by ships right now. What it does is focus attention on all the issues we have within the waters of the Arctic that are now accessible within the 100-mile limit. To that extent, the bill is useful.

We have had the debate here in Parliament. We have talked about the issues. The government needs to provide leadership, and it also needs to work much more closely with the international community that has significant interest in the Arctic.

Those are the results that I want to see from this bill. Those results will mean that we will protect our arctic waters.

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 3:25 p.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Madam Speaker, I am happy to rise today to speak to Bill C-3.

Of course the Liberals will be supporting this bill, because this is additional modernization support for the bill of the Right Hon. Pierre Elliott Trudeau of 1970. This bill will basically make a small administrative change to that bill. As international law extended the sea boundaries that countries could have, we needed a local administrative change to extend the boundary that Canada could have.

We are delighted that the Prime Minister is so strongly supportive of Pierre Elliott Trudeau's bill, the Arctic Waters Pollution Prevention Act, the AWPPA, of 1970. At that time it brought in very sweeping changes to the protection of the Arctic, leading the world to show that Canada was serious about the Arctic waters.

It gives rules related to the deposit of waste in the Arctic. It gives rules related to someone who may be doing work that would lead to the deposit of waste in the Arctic. They have to get a permit, which could be rejected or modified. It gives rules about control over shipping zones in the Arctic. It gives enforcement provisions. It also gives instructions on the types of ships that can go in that area. They are in dangerous, ice-filled waters, and they need to have special ships that can handle that dangerous area.

When the bill was first enacted, Canada's boundaries and other countries' boundaries were 100 miles, but when Canada joined the law of the sea, in 2003, an international law was changed, giving us a limit of 200 nautical miles. The bill, of course, then has to be adjusted to keep up with international law. So this is a 10-line bill that makes that administrative adjustment.

One might think that lengthy debates here and in committee are much to do about nothing, but the minister and officials from various departments have brought up a number of issues and ramifications related to this bill and what needs to be done to deal with those. I am going to be following up, primarily on the comments made by those people in committees, and the other considerations that may need to be taken into effect when we are increasing Canada's control over something in an area that is bigger than one of the prairie provinces.

Of course it becomes increasingly important to have this type of pollution control and monitoring in the Arctic waters because of the melting of the ice cap. For small periods in 2007 and 2008, for the first time in history, the Northwest Passage, which I like to call the Canadian passage, was actually navigable. The ice cap in the Arctic was 39% smaller in 2007 than its average in 1979 to 2000.

This leads to more commerce. According to the marine shipping report that just came out, as a previous member mentioned, there were 6,000 shipping activities in Arctic waters over the time period of a year. If the Northwest Passage were to be an international strait, there could be overflights by other countries, which of course we do not want. There are thousands of overflights over the Arctic now. I will be talking about some of the aspects that are very important to prevent that.

One of the major concerns that all parties have raised about this is their lack of faith in the government's will and ability to monitor this. If we take authority over a much greater area, we have to make some steps to protect it.

Toronto is a very large city, with thousands of police officers. What if we said we would take over policing of another equally large city but we were not going to provide any more police officers? Would that not be absurd? We would have authority that would go unmonitored and unenforced. Not only would it be a laughing stock but it would be a very dangerous situation, because how could they then enforce in the areas they can take care of?

All the parties have brought up their lack of faith in the government to enforce. The government reinforced this in committee. When asked this question by all the parties a number of times, it basically confirmed that it has no plan and no additional resources for enforcement. There was nothing in the budget to increase enforcement. So how can it deal with that?

I think it was last summer that there was an explosion in the Arctic. The government was nowhere nearby. A couple of weeks later, a submarine surfaced. Once again, that was confirmed by our arctic peoples. The government did an investigation. As Canadians, we were not told what it found out about that whole situation. Not only is government not there and not telling Canadians, but now it is adding this huge area that is the size of Saskatchewan with no ability to monitor it.

The minister himself said the government has to exercise, and be seen to exercise, effective control over merchant shipping in the Canadian Arctic. Well, it is not there now, and it is not providing any more resources. Believe me, the government was asked about this numerous times in committee, and no department would say how it would deal with this massive increase in monitoring and change. This is an area that is larger than my riding, the Yukon. It is roughly half a million square kilometres.

The minister suggested that the environment department had some of the monitoring. He was a former minister of the environment. But then he was asked how many ships or planes the department had to monitor it and he had no idea.

In the very dynamic Liberal convention we just had on the weekend with 3,000 delegates, the delegates came up with a resolution, one of the 32 resolutions, to increase aerial surveillance and naval patrol of the Arctic, because it would seem it is not being accomplished by the present government.

We can also remember when we created a satellite, which is part of what is needed. It certainly cannot do the job alone. You need a kaleidoscope of forms of surveillance depending on the situation. A Canadian company built a satellite, and it was about to sell it to the United States. We fought and fought, and finally they did not allow that sale, thank goodness. We would have lost some of the limited surveillance we already have.

Two of the previous speakers suggested that in committee someone had said there was a single airplane to surveil this whole huge area: a de Havilland propellor plane. I do not remember that, actually. I had thought someone had said there were three planes: one for the Pacific Ocean, one for the Atlantic Ocean and one for the Arctic.

I, and a professor who deals with the Arctic, had a good laugh over that. I think a one propellor plane for the Pacific Ocean or the Atlantic Ocean, or indeed the Arctic Ocean with the world's largest coastline, is a little insignificant.

People have this impression that the government is taking care of arctic sovereignty. In fact, I think if people in the provinces were asked, they would say, “Oh, yes, they are doing things. They are announcing things. They are talking about things”. I would invite anyone in the provinces to tell me one of those things the government has actually done. Which one is finished? Which one is there? Which one is accomplished?

The Prime Minister, when he first came in, and this was quite a while ago, announced that three icebreakers would be built. The government broke that promise in the first throne speech and budget. We pushed and pushed, and finally a couple of years later the government announced that in the distant future it would build one of those three, breaking the promise on the other two.

There was an announcement about ice-strengthened supply ships. Then that order was cancelled. There were to be planes for Yellowknife, and that order was cancelled.

I think it is great to have this bill. We support it to extend our authority, but we really need to do something about monitoring that authority.

I want to also talk about, in that area, a pet project I have been working on for a number of years now, which is search and rescue.

There is not a single search and rescue plane in our major fixed-wing fleet north of 60 and yet, the government goes to international conferences. I was at the one in Ilulissat where the five nations of the north made agreements on how we would work together related to extending boundaries in the Arctic under UNCLOS. We talked about Canada being part of a new search and rescue demand in the north. We have had thousands of overhead flights and incursion of boats. Well, of course we need more search and rescue. But we do not even have search and rescue for our own Arctic people north of 60. This is a failing. Once again, it is great to talk about the north, but we really have to come forward, and produce and take care of northerners.

Another reason I support this bill strongly is because it builds on the four pillars of Paul Martin's northern strategy. People who were not here at the time might not remember. This was probably the most major announcement and largest press conference I have seen in my nine years in Parliament. I do not think in history there has been a press conference with so many ministers there, all announcing the Arctic strategy for the north. It was over in Hull. It showed a dedication not just of one department, INAC. All federal departments had to follow the prime minister. One of those pillars of Paul Martin's strategy was sovereignty, and this of course builds on that. Others were the environment, economic development and governance, and I am going to talk about those shortly.

However, I want to read one of the rationale's for sovereignty in this bill that the government used in debate that allows us to make this extension, allows us sovereignty over this 200-mile limit.

I have given a copy of this document to the translators. For new members of Parliament, I know the translators in the translation booths in the corner appreciate it if they can have documents in advance that members are going to read from or in fact their speeches if members have written them.

This is article 234 that Canada created and worked hard to get into the United Nations Convention on the Law of the Sea. This deals with ice-covered areas. It is very important for this and other bills that Canadians know about this particular clause in the Law of the Sea. It states:

Coastal states have the right 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, where particularly severe climatic conditions and the presence of ice covering such areas for most of the year create obstructions or exceptional hazards to navigation, and pollution of the marine environment could cause major harm to or irreversible disturbance of the ecological balance. Such laws and regulations have due regard to navigation and protection and preservation of the marine environment based on the best available scientific evidence.

So, this clause is a great support for us to move forward with this bill regarding ice-covered areas. It would give us the authority to have these major enforcements that Pierre Elliott Trudeau put in the bill in the first place.

However, my question, which the minister has heretofore been unable to answer, is this. If this is the basis for the bill, this clause in the Law of the Sea that gives us authority to do these things in ice-covered areas, then what happens when this area is no longer covered in ice?

As I said earlier, in 2007-08 the area was free of ice. For the first time in history, the waters were navigable for some time. So, where is the authority to continue our implementation of these strong measures in that area and what are we doing to move forward on that?

The minister also mentioned IPY. He had come back from the Arctic council and he was actually very proud, apparently, and I did not quite catch the drift of his remarks, but I think he was saying there were 57 Canadian projects there. And of course, those were funded under the $150 million that Anne McLellan, when she was deputy prime minister, set aside. So Canada has been a leader. I think we all owe a great deal of thanks to Anne McLellan and the finance minister of the time, who is now our House leader.

Now, that time is virtually over, however, we need to continue to commit those moneys to the north. I hope the government will take seriously the requests from scientists and people working in the Arctic council to provide money for permanent monitoring, so that we have ongoing statistical records of the Arctic. We cannot let it all die now that International Polar Year is over.

The other pillar of Paul Martin's northern strategy, and I congratulate the government for continuing that strategy going forward, is governance. The INAC minister I believe spoke about Arctic sovereignty at the defence committee. He said:

Our deputy minister chairs a committee of deputies that meets on a regular basis to ensure that initiatives already announced as funded are being implemented--

Later he stated:

--but we haven't finished the business of land claims.

That is true. The biggest issue for aboriginal people in the north is the lack of appropriate implementation of land claims. I hope that the government follows the statements from its own officials. I hope the deputies follow that up as a priority in the meetings they are having. There is a conference in a couple of weeks. I hope the government has strong force, learns about the problems that have been brought up year after year, and deals with them first and foremost.

It was interesting that the minister today actually talked about leadership at Arctic meetings. I am delighted he was at the Arctic council because over the years the present government has been a bit of an embarrassment at Arctic meetings by sending lower level officials. Previously, the foreign affairs minister always attended and we have been very negligent in recent years.

Can members believe that the position of polar ambassador was cancelled? Can members imagine a government that wants people to think it is serious about the Arctic and yet cancels the position of Arctic ambassador? We have missed many opportunities to have a high-profile ambassador at many Arctic meetings over the years and there is no sign that the position is going to be reinstated, but we are going to keep fighting for it.

What came out in the hearings on this particular bill was the fact that oil spills could occur in the Arctic and could not be dealt with. When the Minister of Transport, Infrastructure and Communities was introducing the bill in committee, he talked about great resources of oil and gas, that 33% of the world's remaining gas and 25% of the world's remaining oil should be developed in the Arctic and that it would bring great resources to Canada. Basically, the Conservative government has just cut that off.

How has it made it impossible for the natural resources to be developed? It made it impossible by not doing the research, which I have asked for a number of times, on oil spills in the Arctic. Witnesses such as Mr. William Adams from the Beaufort project has done great research in this area and Professor Émilien Pelletier explained that after 56 hours there really is no chance of cleaning up an oil spill in the Arctic. It is not technically possible yet from what we know.

We need to do the research, so let us get it underway and stop cancelling our scientists in the north, like the Manitoba centre that is closing, the environmental centre that the government is going to close in Eureka, the cancelling of the Canadian Foundation for Climate and Atmospheric Sciences, and the hundreds of researchers that would otherwise have been in the north.

The INAC official stated, “I'd also like to draw your attention to the science and technology element--”, and that is of the northern strategy, “--which is really foundational and cuts across all pillars, because it really is the basis of knowledge to inform good decisions on all the pillars”

The senior official of the government must be horrified at all the cuts to scientists that I have just mentioned. In fact, even the minister said weather stations, climate change, research and scientific work are all important. He must be horrified at his own government cutting all the scientists in the north.

Economic development was mentioned and I want to go on record and say that I hope there will be a major office for that in Whitehorse. I also wanted to reinforce what the member for Western Arctic said. We must begin discussions on the hundreds of square miles of disputed land in the Beaufort Sea, so we can get our fair share of those resources.

I will just close by saying that it is important to protect the sea in the north. In the conservation caucus that Parliament had a couple of weeks ago, a book was brought forward, Sea Sick: The Global Ocean in Crisis, showing that life on earth could end by the deterioration of the seas, mostly by pH but by other pollutants, even before climate change causes these disastrous effects, and this is very important.

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 3:45 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Madam Speaker, I share the member's understanding of the impacts on the north, having spent some time in the Yukon and I appreciate his love of Yukon. I wonder if the member could address the issue of the involvement of the people of the Arctic and ensuring that they are directly engaged in decisions about the future development of the Arctic and particularly the perspective of the first nations and Inuit people.

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 3:45 p.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Madam Speaker, we talked about that a bit this morning on the bill.

What I did not say at that time was that when the notice of the northern court was made, the people of Nunavut found out by reading the newspapers. They were not consulted as to where that particular Arctic initiative would be.

Therefore, the member is absolutely correct. As we are doing these things in the north, our party's philosophy has always been that our first and foremost asset for sovereignty are the people who will dedicate our sovereignty and who will build our resources. We must make people strong in the north and listen to their suggestions because they are the ones who found the incursion that I talked about earlier in my speech.

As well, I want to mention something that would be near and dear to the member's heart and it is kind of contradictory. Here we have a bill that in theory is protecting waters and at the same time the government is pushing through, in a sort of underhanded means, changes to the Navigable Waters Protection Act and cancelling assessments on projects near water which would have obviously the opposite effect on the environment.

In talking about monitoring in the bill, the government has put in more environmental inspectors, but when we ask where they are going to be, they are going to be in Yellowknife.

If anyone knows the north, we can take a look at the map, it is not by the sea. The minister actually said the government is going to give us more boots on the ground. That is true. They are going to be on the ground but the bill does not apply until we are 100 miles offshore. That goes not make any sense in monitoring either.

I am hoping the government will review the monitoring aspect in the bill, the way it is going to be done, and as the member said, the input from the people of the north is important because they can certainly help. They are close to the situation and can perform a tremendous role in letting us know of an incident.

As I said, after 56 hours, we are sunk. It is over. It is a huge disaster to the Arctic ecosystem. However, the people who live there, as the member mentioned, can get back to us. They can see what is happening and play an important role in monitoring.

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 3:50 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Madam Speaker, I rise also in support of Bill C-3. The expansions of the ambit of the Arctic Waters Pollution Prevention Act are welcome and long overdue, but I would also like to speak to what we need in tandem with this measure, what is missing and where we need the current government to commit.

We need concerted action in a number of frameworks. It is not simply me who is standing up and saying this. We are hearing this from the other Arctic nations. We are hearing this from scientists who have just gone through two years of intensified polar research and are identifying a lot of critical actions that need to be taken by the government in tandem with other Arctic nations and to get the support of other nations around the world for those who border on the Arctic and are at risk.

We need concerted action to expand exponentially Canadian investment in polar research. At a time when the scientists have told us that they are just beginning their research and are making absolutely groundbreaking discoveries about the value of the Arctic to the world, the funding has ended.

This is a time when we should be stepping up to the plate. Canada should be taking the leadership. We have lands that border right across the Arctic. We are laying claim to the interests in being able to benefit from the resources that the Arctic can provide us. It is incumbent upon us to stand up in the international arena and say that we need all the nations, not only those bordering the Arctic but worldwide, to put resources in, to match any funding that we put in, to research further what the impacts might be once the Arctic melts, sadly, and as activities begin to step forward in oil and gas extraction, mineral extraction, and simply, shipping across the Arctic.

We hear from even the Canadian polar researchers that the Arctic ecosystem is at severe risk. It is extremely sensitive. It is already suffering the effects of climate change. There are already unbelievable changes occurring to the Arctic, not just the Arctic ice shelf breaking off but new areas that we were previously unaware of.

For example, the Arctic scientists are discovering freshwater lakes that are created when the ice melts and moves towards the land. It has created lakes we did not know about before, and there is a rich diversity of biota in those lakes that we have only begun to study. Similar to the tropical rainforests to which we turn for solutions in terms of major cancer research, and so forth, it may well be that the biota of the Arctic is even more important, which is all the more reason for us to intensify our research and send more researchers up to the north to document this knowledge.

We also need to seek the advice of the polar scientists in developing our policies on northern development and negotiation strategies at international tables. It is absolutely incumbent upon us in this country that we base any determinations on the future of the Arctic on science, and that has been sadly lacking. We need to be intensifying that money. It is not enough to simply do the research; we need to turn to those very scientists to advise us on what kinds of measures need to be taken. These include deliberations on climate change, resource extraction, water resources and wildlife.

Dr. Warwick Vincent, a renowned polar researcher from Canada, gave a presentation on the Hill about a month ago, and much to everybody's surprise, revealed information that nobody knew previously about the Arctic, such as the freshwater lakes that we previously did not even know existed. We did not know how they were created. He is crying for support from parliamentarians to continue the research, to continue to give the support so that Canada can benefit from that information and he can continue to work in tandem with researchers from around the world.

This is not a time to be pulling out the Canadian researchers, to be shutting down those research programs or stations. This is a time to be working in tandem with scientists around the world so that we can show leadership.

This is also the time to stand up for the Arctic environment and northern communities. We need to put those interests at the forefront, not just petroleum corporations' right to develop, not just the right of Canadian interests in oil and gas development and mineral extraction in the Arctic, but to make sure that any development that occurs in the future is actually for the benefit of Canada, particularly for the northern communities.

We need to provide leadership at the international level at the UN climate change tables. Climate change is one of the critical reasons we need to step up to the plate and speed up our research and our negotiations with countries around the world on protecting the Arctic and making sure that there is a regime in place to protect the Arctic and prevent any kind of unfortunate impacts. The last two successive governments, the current government, has simply dragged its heels on this issue.

For heaven's sake, let us not embrace the fact that the Arctic is melting and say that is great news because we can expand oil and gas extraction. Let us do our best to slow that down until we can make sure that kind of development is done in a safe way that benefits Canada and does not simply leave us with a huge liability to try to clean up the mess left behind not just by other countries' mineral extraction and oil and gas activity, but unfortunately, possibly our own mess, if we are not ready to address those impacts.

We need to take a stronger stand in the Arctic Council. It was formed in 1996. Eight Arctic nations signed the Arctic Environmental Protection Strategy. Where is Canada in taking the forefront and the leadership? It is our Arctic on which there is an impact. It is our Arctic that we wish to claim.

We need to pay more attention and put more resources into our position at those tables. We need to be sending ministers to those tables. We need to be sending the Prime Minister of Canada to those tables and declaring that we care about the Arctic; the Arctic is ours.

We need the other countries around the world to step up to the plate and take joint action with us. We want to proceed in a co-operative way.

Given our limited capacity now in the Arctic, there is no way that Canada is going to be able to address the kinds of activities that are speeding along as the Arctic melts. We are going to have to work co-operatively with other nations. We are going to have to share from their resources, their icebreakers, and share in their research knowledge. This is a time to show co-operation, not competitiveness.

I know full well about the Arctic Council, and I know about the Arctic Environmental Protection Strategy. When I was the assistant deputy of resources for the Yukon government, I had the privilege to participate in that strategy on behalf of the Yukon government at the science table, not just in terms of scientific discoveries but to make sure that those discoveries moved into law and policy so that we would have a binding, clear framework for the northern governments and for the federal government and to make sure that all those levels of governments were included in any strategies at those international tables. It is incumbent upon us to take a stronger stand at that table.

Surely we should be raising the issue of the Arctic at the U.S.-Canada energy security and climate change table. Perhaps we are, but we do not know for sure because it is a secret table. We have had no report from the government about whether there are joint co-operative ventures on protecting the Arctic and making sure that North American interests are protected against other nations as we move forward and as we benefit from those resources.

We also do not know whether at those tables with respect to security in energy development there are joint discussions about co-operation between the United States of America and Canada to make sure that we gear up to have the proper equipment and staffing, and so forth, to actually protect and have surveillance in the Arctic. It would be worthwhile to have the ministers come back to the House and tell us whether the Arctic issue is at the table in those bilateral discussions.

The Commission for Environmental Cooperation was created quite some years back. This commission created a council of environment ministers, which includes the United States of America, Canada and Mexico. Why not use this commission and the council of ministers to further the dialogue about ensuring the environmental security of our Arctic? Surely we could initiate some projects through joint funding.

Why are we not showing leadership in advocating for an Arctic treaty? Canada is fully participating in the Antarctic treaty. It seems absurd that we are not championing the cause for a similar treaty for our own Arctic. So I would encourage the government to step up to the plate and be at the front of the line, pushing for an Arctic treaty. It can do nothing but benefit Canada's interests.

It is all the more critical for the Arctic because of the sensitivity of the Arctic environment, but also because, unlike the Antarctic, the Arctic is populated—with Canadians. So it is all the more important that we make sure that we have a treaty of nations around the Arctic and that we ensure that the provisions of that treaty put at the forefront the interests of Canadians and Canada's northern environment.

Are we raising these issues in our law of the sea and our MARPOL discussions? Are we making sure that the tankers that are going to be coming through the Arctic have improved standards, that the hulls can withstand the Arctic ice and that there is capacity for spill cleanup, that the spill response recovery funds are large enough to respond to the disasters that could occur in the Arctic and how complicated it will be to actually address spills?

What is most important in the Arctic is that we prevent spills, so we need to be taking action now to make sure that any development that occurs in the Arctic prevents impacts. After the fact will be too late.

We need to have expanded measures to protect the interests of the Arctic communities. We need to make sure that in terms of any kind of development that occurs in the Arctic, whether it is simply shipping traffic or whether it is oil and gas or mineral extraction, we think first and foremost of the impact on the harvest rights of the northern communities and to ensure that those communities are secure and that they are given a benefit and direct interest in any development.

We need to push for stronger standards and enforcement for tanker traffic and other vessels. As I mentioned, we need to make sure that we have spill prevention. After the fact will be too late. We need to learn from the Exxon Valdez spill, but for heaven's sake, we need to learn from the Wabamun Lake spill of bunker C oil. We cannot address the impacts once these kinds of spills occur; there is just no way of knowing.

I experienced that first-hand with the bunker C's oil spill in Wabamun Lake, and to this day, scientists have no idea what the fate of that oil spill is and the long-term impact on that freshwater lake. All the more so for the Arctic, an extremely fragile environment, what are we putting in place to make sure that we can respond to those spills? We do not even have the naval complement or the coast guard complement right now to address those spills, and neither does the U.S., so we need to be stepping up to the plate really quickly.

We are told by the scientists weekly that the ice is melting far faster than previously forecast. Are we putting the appropriate resources into making sure that we are ready for that? Do we have the readiness for security of the Arctic? Do we have the ships? Do we have the crews trained? Do we have all the impacts assessed and the appropriate responses? As the member for Yukon mentioned, do we have the search and rescue capacity? Certainly not at this point in time. We have very small populations up there and very little ship and crew capacity.

We are extremely vulnerable in the Arctic, and who is more vulnerable than the very communities that live in the Arctic. They have small, dispersed populations. They have minimal capacity for emergency response, even less capacity than we had in the Exxon Valdez and the Wabamun Lake spills. They have a very limited capacity for evacuation in the event of a major disaster.

I am told the naval capacity is extremely limited. There has been no Canadian navy icebreaker in the Arctic since the 1950s. There is no current capacity to enter the Arctic waters' significant ice cover. The majority of the Canadian Coast Guard icebreakers are near their end of life. We cannot rely on U.S. support, because it is in the same state as we are in terms of shortage of equipment.

Naval analysts are raising serious security issues for this development in the Arctic. They are saying there is very little ability worldwide across the Arctic for spill response and that we face serious problems with shipping security. We have no way to deal with an incident where we have nuclear devices or some other kind of explosive device coming across the Arctic, landing in our lands in the Arctic and then heading down across Canada by rail or air. Right now, there is no strategy that we are aware of.

I want to close my remarks by mentioning prescient comments by renowned author and journalist Alanna Mitchell, who gave a presentation to the parliamentary international conservation caucus just a week ago. She has issued a new book, called Sea Sick: The Global Ocean in Crisis. What she has presented to those who were fortunate enough to hear her is a real wake-up call, that while we are trying to get our government to actually address climate change, we have a far greater crisis occurring in our oceans. Apparently, if we lose the land base, the life in the oceans can continue; but if we lose the life in the oceans, the land base will cease to exist. So it is time for us to be putting a lot more resources into paying attention to the fate of the oceans, particularly the Arctic Ocean, which is extremely sensitive.

I will close my comments today with a comment from the internationally renowned author and journalist, Ed Struzik, who is published widely on the Arctic and has recently published a book on the fate of the Arctic under climate change. He states:

In the not-too-distant future, the forces of climate change are going to transform this icy world into a new economic frontier. The end of the Arctic will be the beginning of a new chapter in history. The Age of the New Arctic remains to be written.

I would say to the government, to its credit, introduce these new provisions, extend the ambit of the scope of the Government of Canada to protect the Arctic environment from impacts, but, for heaven's sake, please table with us the government's compliance strategy and how it will actually enforce this expanded law with what is coming to us in the Arctic.

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 4:05 p.m.

Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Madam Speaker, I rise in the House today to lend support to Bill C-3, a bill to protect Canada's Arctic environment and sovereignty.

The Arctic grail, or Northwest Passage, was the water route through Canada's northern islands that explorers sought for three centuries.

In 1903, Norwegian explorer, Roald Amundsen, waited months for the ice to sufficiently melt so that his vessel could be the first to successfully navigate the passage. In 1940, the Royal Canadian Mounted Police schooner began charting the grail's icy waters to demonstrate Canada's sovereignty over the north.

In the future, climate change and not navigational skill may turn the explorers' elusive dreams into a major maritime highway, with the nautical journey from China to New York reduced by 7,000 kilometres.

With climate warming, new passages will develop and Canada will be increasingly open to international traffic. Concerns will increase regarding control and regulation of shipping activities, environmental degradation and protection of northern habitats, and who controls the Arctic and its resources. About 25% of the world's remaining oil and gas reserves lie beneath the Arctic Ocean floor.

While the opening of the Northwest Passage and Arctic may be attractive, this could prove the ultimate test of our claim to Arctic sea sovereignty.

The Arctic coast represents almost 70% of Canada's coastline and stretches 165,000 kilometres from James Bay and Baffin Island to Yukon.

However, the Arctic, a region celebrated in our country's anthem, is under siege. In 1985, the U.S. sent its icebreaker, Polar Sea, through the Northwest Passage without asking permission of or informing Canada. In 2007, Russian explorers used a submarine to plant their country's flag on the seabed at the North Pole, 4,200 metres below sea level. Politicians bordering the Arctic saw the exercise as a plan to extend Russia's territory almost to the Pole itself and to lay claim to the vast energy and mineral resources below.

In the future, our Arctic may be vulnerable to airspace, surface, both maritime and terrestrial, and subsurface incursions. Canada must be able to monitor and recognize such invasions and enforce sovereign claims over its territory.

The North Pole is an international site administered by the International Seabed Authority. Under the UN Convention on the Law of the Sea, a coastal country has the right to control access to the 12 nautical mile shoreline belt along its coasts. A country can also control the resources under its coastal waters up to 200 nautical miles from its shores. More important, a country may expand its territory much further if it can prove that the rock formations underneath the water are connected to its continental shelf.

Therefore, some questions beg to be asked. What scientific data have been collected? What have we learned about our continental shelf? Will we be ready to submit this data to the UN commission by 2013? What new funding is necessary to support required research beyond the 43 projects that were under way in 2007 for the International Polar Year.

It is generally agreed that islands north of Canada's mainland belong to Canada, but what about the waterways? Will Bill C-3 determine who has jurisdiction over the waters separating, for example, Devon Island and Somerset, or Banks Island from Melville Island, as the channels dividing some of the islands in Canada's north are less than 50 nautical miles wide?

Will Bill C-3 support Canada's assertion that the Northwest Passage represents internal territorial waters? The United States, along with other countries, has argued that this water constitutes an international strait that any ship should be free to transit. However, there were only 11 foreign transits between 1904 and 1984, suggesting that the Passage was not used as an international shipping route.

If Bill C-3 does not protect sovereignty over the Northwest Passage, what action is being taken to do so? It is not enough to have an Alert military base some 800 kilometres from the North Pole when Russia staffs a year-round research base 60 kilometres from the Pole. It also is not sufficient to argue that the waters separating most of the islands in Canada's Arctic are frozen most of the year and in fact turning them into an extension of the land.

A stronger argument, however, may be that Canada's northern aboriginal and Inuit peoples use and occupy the land.

While most of the Arctic sovereignty disputes are between Canada and the United States, Denmark also has been involved. Perhaps the government could, therefore, give us a status update on Hans Island located between Ellesmere Island and Greenland.

Canada has not been doing enough to declare and enforce its Arctic sea sovereignty.

How might Canada strengthen its northern interests? First, the government must define sovereignty with elements of authority, control and perception, and with rights, such as jurisdictional control, territorial integrity and non-interference by outside states.

Second, the government must define how to exercise sovereignty. A former national defence minister stated that “Sovereignty is...exercising, actively, your responsibilities in an area”.

Third, the government must plan how to enforce both our sovereignty over Arctic waters, as well as the environment to the limits of our exclusive economic zone.

In addition, the government must also consider appointing a senior minister to lead an Arctic agenda and work with Environment Canada, Indian Affairs and Northern Development, National Defence, Natural Resources Canada, Transport Canada and territorial leaders, and purchasing more than one icebreaker as Canada's fleet will not be adequate once shipping increases.

According to the Senate committee report, “Russia's icebreaking capability is what empowers it to make a claim for a large part of the Arctic Ocean”.

Because the Prime Minister has stated that scientific inquiry and development are absolutely essential to Canada's defence of its north, the government must also consider the following: creating a national network of permafrost monitoring stations that northern communities and oil and gas companies could use to plan for future buildings, pipelines and roads; endowing a separate Arctic research foundation to support atmospheric, economic development, oceanographic and wildlife research; fulfilling a promise to create northern research chairs at Canadian universities; and reinvesting in the Canadian Foundation for Climate and Atmospheric Sciences.

One hundred years ago, on April 6, 1909, Robert Peary and his team reached the top of the Earth. Five months later, when the group landed on the northern shores of Labrador, Peary sent a cable that made headlines around the world: “Stars and stripes nailed to the North Pole“.

We need to ensure that Canada remains sovereign over ours, the Northwest Passage, and the waterways between our Arctic islands. We need to ensure that we identify the true expanse of our territory. We need to keep our north, the “splendid frozen jewel...for which centuries, men of every nation...struggled...suffered and died”, Canadian.

I forgot to mention that I will be sharing my time with the member for Newton—North Delta.

Arctic Waters Pollution Prevention ActGovernment Orders

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

Liberal

Bonnie Crombie Liberal Mississauga—Streetsville, ON

Madam Speaker, I wonder if the member for Etobicoke North could elaborate on the effects of climate change on this very sensitive geographical terrain in the Arctic.

Arctic Waters Pollution Prevention ActGovernment Orders

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

Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Madam Speaker, climate change is the most pressing environmental issue facing Earth. Temperatures will increase over the coming century by about 2°C to 4°C. We are already seeing impacts here in Canada, such as an increase in extreme heatwaves and weather events. The Great Lakes water levels are going down. In the north the permafrost is melting and glaciers are receding.

A few years ago I had the privilege of spending time researching in the far north, north of Norway. We were told to go and see the glaciers. Some of the glaciers are receding so rapidly they will not be here in the next 100 years.

Arctic Waters Pollution Prevention ActGovernment Orders

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

NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, I would like to thank my hon. colleague for her very well researched and delivered speech.

She mentioned the urgency of dealing with climate change. I fully concur with her concern and perspective on that basis. I am wondering if she could tell the House what her thoughts would be on the best means of dealing with greenhouse gas emissions and whether she thinks that a carbon tax or a cap and trade system would be the best way to deal with that.

Arctic Waters Pollution Prevention ActGovernment Orders

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

Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Madam Speaker, climate change is the most pressing issue affecting our planet. We must look at both mitigation and adaptation.

On the mitigation side, we have to look at technologies that will be good for the environment as well as the economy. We must take a lesson from the corporate world. The corporate world knows that of all the CSR initiatives, from business standards to environment and health promotion, it is the environment that pays off on the bottom line.

We must look at many options. We must also be adapting in Canada. Our agriculture must adapt. Health must adapt. For example, as the number of heatwaves increase, we need better heat warning systems.

Arctic Waters Pollution Prevention ActGovernment Orders

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

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Madam Speaker, I would like to thank the member for Etobicoke North for sharing her time with me and for her thoughtful words on Arctic sovereignty and the environment.

There is an old saying that the road to hell is paved with the best intentions. In looking at Bill C-3, an act to amend the Arctic waters pollution prevention act, that is what comes first to my mind.

This proposed legislation is relatively simple in terms of its purpose. Bill C-3 amends the definition of “arctic waters” in the act to extend the boundary north of the 60th parallel of north latitude from 100 to 200 nautical miles offshore. This is most definitely a direction in which we must head.

The age of the north as an intense area of international interest is upon us. We are in a new reality. Steadily melting Arctic ice is not just exposing vast unexplored fishing stocks and mineral wealth; it has also made the Northwest Passage navigable in the summer. In September 2008 the MV Camilla Desgagnés as part of Nunavut Sealink and Supply Inc., NSSI, transported cargo from Montreal to the hamlets of Cambridge Bay. A member of the crew is reported to have claimed that there was no ice whatsoever.

An open Northwest Passage would cut 5,000 nautical miles from shipping routes between Europe and Asia.

Just about everyone agrees that the many islands that populate the Arctic to the north of Canada's mainland belong to Canada, but what about the water between them? Who, if anyone, has jurisdiction over the waters separating Somerset Island from Devon island, or Melville Island from Banks Island?

As stated by Donald McRae in a paper published by the Canadian Arctic Resources Committee, “It must be demonstrated that the waters are the internal waters of Canada and that the waters of the Northwest Passage do not constitute an international strait”. Yet the Russians have planted their flag on the ocean bed at the North Pole 4,200 metres below sea level. Since 1994 the Russians have also staffed a research base, called Ice Station Borneo, only 60 kilometres from the Pole. Over the years Denmark has sent ice reinforced frigates and laid many claims to ownership over Hans Island. Just days before U.S. President George Bush left office, his administration asserted U.S. military sea power in a rebuttal to Canada's claims. The U.S. maintained the Northwest Passage is a strait used for international navigation.

Updating the act with new language to update our country's claims to the area is a natural progression of our sovereignty claims. It is something we on this side of the House support. However, at the end of the day there are too many questions that have yet to be resolved when it comes to enforcement and tangible actions associated with such an update.

Canada's call to action must include northern penetration by land, sea and air. We need to be prepared to defend our rights to our land in the world courts by building a strong case to what is rightfully ours. According to the United Nations Law of the Sea, we have until 2013 to stake our claim.

By sea, Canada needs super icebreakers that can make it to the outer reaches of our territory. We also need more medium-sized icebreakers for the Canadian Coast Guard that could be stationed as far north as possible. How many ships will be needed to get the job done by 2013? Do we build, lease or borrow the ships required? Do we have the people to fill the required positions? These questions have not been properly answered by the Prime Minister.

By land, Canada must look at establishing permanent settlements in the north that would offer air access infrastructure and safe harbours for the vessels that would venture north to do seismic testing and mapping and yet, there is no plan on how and when this will occur.

By air, Canada needs to monitor movements of others in the dispute and to track changes in the ice. We need a fleet of planes that can offer supply, research, and search and rescue capabilities.

Should Canada not be able to have a military plane in the air within six hours of any potential need, do we have additional airports planned for the north so we can properly reach all of our territory?

Once again, the government has deflected these kinds of questions by offering no specifics.

This bill will extend Canada's sovereignty over additional waters that would represent an area the size of Saskatchewan. This is significant. If Canada wants to step forward and make claims in the international arena, then dedicated resources are needed, a diverse and balanced plan must be drawn up and executed and, most important, we need to stop talking without any sort of bite behind our bark. The eyes of the world are not only on the north but also on the actions, or inactions, of the government.

Right now, Canada with regard to northern sovereignty and our ability to protect what we consider ours, is being laughed at, as is our environmental stewardship.

On a final note, recently I had a chance to speak to the CEO of the Churchill Port Authority, a man who was once an esteemed parliamentarian in his own right, Mr. Lloyd Axworthy. He spoke of the great promise of the north and how fragile the ecosystem is there.

We have a short window of time to do this right. This legislation, in its current form, is not there yet.

To conclude, I and my colleagues support the simplicity and necessity behind this bill. However, we are also looking for more than rhetoric and political posturing in working toward building strength and stability in protecting Canada's north. I hope the Prime Minister and the government will realize the intentions. I would love to support this bill, and once it goes to committee, we will see how we can deal with this. This is about our country's future.

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 4:25 p.m.

The Acting Speaker Denise Savoie

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Etobicoke North, Infrastructure; the hon. member for Dartmouth—Cole Harbour Child Care.

Is the House ready for the question?

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 4:25 p.m.

Some hon. members

Question.

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 4:25 p.m.

The Acting Speaker Denise Savoie

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 4:25 p.m.

Some hon. members

Agreed.

Arctic Waters Pollution Prevention ActGovernment Orders

May 4th, 2009 / 4:25 p.m.

The Acting Speaker Denise Savoie

(Motion agreed to, bill read the third time and passed)