Bill C-3 (Historical)

Safeguarding Canada's Seas and Skies Act

An Act to enact the Aviation Industry Indemnity Act, to amend the Aeronautics Act, the Canada Marine Act, the Marine Liability Act and the Canada Shipping Act, 2001 and to make consequential amendments to other Acts

Part 1 enacts the Aviation Industry Indemnity Act, which authorizes the Minister of Transport to undertake to indemnify certain aviation industry participants for loss, damage or liability caused by events that are commonly referred to in the insurance industry as “war risks”. The Minister may undertake to indemnify all aviation industry participants, or may specify that an undertaking applies only to specific participants or classes of participant or applies only in specific circumstances. The Act also requires that the Minister, at least once every two years, assess whether it is feasible for aviation industry participants to obtain insurance coverage for events or other similar coverage, and that the Minister report regularly to Parliament on his or her activities under the Act. Part 1 also makes consequential amendments to other Acts.
Part 2 amends the Aeronautics Act to provide certain persons with powers to investigate aviation accidents or incidents involving civilians and aircraft or aeronautical installations operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force. It also establishes privilege in respect of on-board recordings, communication records and certain statements, and permits, among other things, access to an on-board recording if certain criteria are met. Finally, it makes consequential amendments to other Acts.
Part 3 amends the Canada Marine Act in relation to the effective day of the appointment of a director of a port authority.
Part 4 amends the Marine Liability Act to implement the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010. Among other things, it gives force of law to many provisions of the Convention, clarifies the liability of the Ship-source Oil Pollution Fund with respect to the Convention and confers powers, duties and functions on the Fund’s Administrator.
Part 5 amends the Canada Shipping Act, 2001 to introduce new requirements for operators of oil handling facilities, including the requirement to notify the Minister of their operations and to submit plans to the Minister. It extends civil and criminal immunity to the agents or mandataries of response organizations engaged in response operations. It also introduces new enforcement measures for Part 8 of the Act, including by applying the administrative monetary penalties regime contained in Part 11 of that Act to Part 8.

Safeguarding Canada's Seas and Skies Act

[Lisa Raitt, Conservative, Halton, ON]

moved that the bill be read the third time and passed.

Mr. Speaker, I am pleased to speak today to safeguarding Canada's seas and skies act. This project focuses on five key initiatives: amendments to the Canada Shipping Act, 2001, the Marine Liability Act, the Canada Marine Act, the Aviation Industry Indemnity Act, and the Aeronautics Act. Today, I would like to speak specifically to the proposed changes to the Marine Liability Act and the Canada Shipping Act, 2001.

First, turning to the Marine Liability Act, the proposed amendments will implement the commitments of the Hazardous and Noxious Substances by Sea Convention, helping to ensure Canadians are adequately compensated for the damage caused by spills of hazardous and noxious substances from ships. For this reason, I highly encourage the passage of the bill so it can be adopted as quickly as possible.

The proposed amendments to the Marine Liability Act will fill an important gap in the current liability and compensation regime for ships, because they protect Canadians against the financial consequences of hazardous and noxious substances and spills from ships. They will also ensure that shipowners carry the appropriate amount of compulsory insurance for the risks associated with the cargoes they carry. Finally, they will provide Canadians access to an international fund to provide compensation beyond the shipowners limits.

Canada has an extensive history of seeking economic gains from international trade and, in particular, through international shipping which, worldwide, is responsible for the carriage of 90% of the world's goods. With the world's longest coastline bordered by three oceans and a wealth of natural resources, this will surely continue to be the case as Canada looks to move those resources to existing and new markets.

Given this, it is important to have in place the appropriate legislation and regulations to minimize the risks associated with marine transportation. Spills of hazardous and noxious substances from ships can be costly to clean up and this government is taking action to ensure that Canadians are insulated from these costs. Shipping is inherently a global industry and it is critical to the practical functioning of global commerce. With the international nature of this industry, it is important to advance an international framework and contribute to the uniformity of international maritime law.

Canada has had a long-standing tradition of multilateralism with regard to international shipping and Canada's heavy involvement in the advancement of the Hazardous and Noxious Substances by Sea Convention is indicative of that long-standing tradition.

The 2010 Hazardous and Noxious Substances by Sea Convention would provide roughly $400 million in compensation for a spill of hazardous and noxious substances, which is currently not available. It would establish strict liability for the shipowner and would introduce compulsory insurance for the liability for the pollution damage caused by a spill of hazardous and noxious substances from a ship. This is a major improvement over the current regime as, currently, shipowners are not required to carry insurance for their liability in relation to a spill of hazardous or noxious substances. Should damages exceed the shipowner's insurance coverage, the convention would provide access to an international fund that would pay compensation for pollution damage caused by such spills.

The international fund, once established, will be paid into by cargo owners. By sharing the responsibility between the two principal parties involved, this convention supports the very important polluter pays principle, one that our government seeks to enshrine in law whenever possible.

The convention covers a wide variety of substances, some 6,500 hazardous and noxious substances, that are carried in bulk packages and containers along our coasts and through our ports. We have a robust maritime governance regime and we have implemented some tough prevention measures, but, even so, in the unlikely event of a spill, these amendments would allow affected individuals to submit claims for compensation. This would include claims for cleanup costs, economic losses, damage to property, and environmental damages.

Through these amendments and by joining the convention, businesses that could be directly impacted by a spill would have access to compensation from the polluter. This includes the fishing and tourism sectors that are usually the most affected economically. It would also see that compensation would be available for environmental restoration.

These changes would also include loss of life and personal injury claims, ensuring that compensation would go to those who were affected in the worst possible way. People who are hurt, or worse, by an explosion of a hazardous substance on a ship, including oil, would receive proper compensation. This protection would be extended to both the crew on board the ship and any innocent people affected outside the ship. Currently, there is no such compensation available. Victims must pursue shipowners in courts.

When the bill was being discussed in committee, the members heard from many witnesses who strongly supported these amendments. It was well-recognized that this was an important step forward and filled a crucial gap in the current liability and compensation regime. Those stakeholders reminded us that this convention was a significant improvement over what was currently available, which we believe is woefully inadequate.

In the case of an incident involving hazardous and noxious substances today, the shipowner is not held strictly liable. That means victims are required to prove fault or negligence on the part of the shipowner. These amendments would remove that burden and guarantee that compensation would be available.

The shipping industry is supportive of the convention because it gives them certainty and the ability to ensure against a known risk. The convention is viewed as the most efficient way to offer coverage for a ship-source chemical spill.

Such conventions avoid negative impacts to the ability for ships to trade internationally, as these are mobile assets that trade across the world on a continual basis. Therefore, the convention pools the risk and the financing of paying compensation to victims among a large number of players. This minimizes the costs of insuring the risk. The access to the international fund allows higher amounts of compensation than what shipowners alone can provide. The international nature of the fund means that all major industries that trade in hazardous and noxious substances are sharing the financial burden of paying for compensation.

To attempt to do this nationally would mean that Canadian industries could never offer the same levels of compensation as the international fund could. Of course that would put Canada at a competitive disadvantage and consumers would end up paying for a system that is ineffective.

For those reasons, I highly encourage the passage of this bill, which contains these amendments to the Marine Liability Act.

The bill being discussed today is an important component of our government's plan to enhance the safety of shipping in Canadian waters and protect our marine environment. We expect our international trade to increase in the coming years as demand for our national resources grows. With this growth, comes higher volumes of vessel traffic.

For this reason, it is becoming more and more important than ever to ensure that Canada has appropriate measures in place to protect people and the environment from potential oil spills. That is why on March 18 of last year we announced our intention to create a world-class tanker safety system. It is a comprehensive approach. It is made up of several measures which are all designed to prevent spills from happening, ensure that proper response is there if they do occur, and make polluters pay.

These measures also include the proposed amendments to the Canada Shipping Act, 2001, that are now before the House as part of Bill C-3.

Since last March we have already taken action to protect people and the environment from potential oil spills. To give an example, Transport Canada has increased inspections of foreign tankers in our waters to ensure that they meet internationally accepted standards. Our government has increased flight hours for the national aerial surveillance program. This is a great program. It is a program that allows us to detect ship-source oil spills in all three of our oceans and the Great Lakes, and significantly contributes to our ability to hold polluters accountable.

In February, I had the opportunity to participate in a surveillance flight. I can assure the members of the House that this is a very effective program.

In addition, we appointed a tanker safety expert panel last March. It has submitted a report on ways to improve tanker safety south of 60° north latitude. Our government is currently consulting with all parties about these recommendations. Next fall, the panel will submit a second report. This one about the regime in the Arctic and hazardous and noxious substances.

These measures and others are an important part of how we plan to ensure that Canadians benefit from a marine environmental regime that is truly world class.

The proposed amendments to the Canada Shipping Act, 2001 that I am now putting forward for third reading are a key component for our efforts to build a world-class tanker safety system. These amendments were debated by the House during second reading. I am encouraged that members of the House generally recognize that our proposed measures would improve safety in our waters. They would enhance government oversight of industry, and they would increase our enforcement powers.

The amendments have also been reviewed by the Standing Committee on Transport, Infrastructure and Communities, which heard directly from stakeholders, as it did with respect to amendments under the Marine Liability Act. I am pleased that the reaction from industry has been favourable. That shows that stakeholders understand the value of the measures we have proposed. Their support confirms that these changes are practical and they are achievable.

I would like to remind the House briefly to what these amendments relate: providing immunity for agents of response organizations, strengthen the requirements for oil handling facilities, and extend application of administrative monetary penalties.

Under the current marine oil spills preparedness and response regime, the polluter is responsible for cleaning up oil spills. The Canada Shipping Act, 2001 protects response organizations from civil and criminal liability as they carry out their work on behalf of the polluter.

The first proposed amendment will clearly provide immunity for certain certified Canadian response organizations when they respond to a spill that occurs when an oil handling facility is unloading or loading oil to or from a vessel. This would clarify that they are covered by the act when responding to these particular situations.

A further amendment would provide the agents of a certified Canadian response organization with the same level of immunity when responding to an oil spill in Canadian waters. These agents would be able to proceed with the cleanup and know that would they have the same level of protection as the Canadian response organizations that engaged them. This would expedite their response, which is a significant advantage in a case of an emergency. Since this coverage would also extend immunity to non-Canadian responders, this measure would increase Canada' s access to international resources.

If there should ever be a large-scale oil spill, these additional resources could really complement our own environmental response capacity, and that would help ensure the fastest, most efficient response possible, eliminating possible bureaucratic, jurisdictional hang ups that could further impact lives and the environment.

Bill C-3also puts forward amendments that would strengthen the regime governing oil handling facilities during the loading or unloading of oil to or from a vessel. Currently, under the Canada Shipping Act, oil handling facilities are required to prepare oil pollution prevention plans as well as oil pollution emergency plans, and they have to keep these plans on site. The plans have to detail who is responsible for taking specific action to prevent oil spills and to respond adequately if they do. The amendments would introduce new requirements for these facilities, and that would help enhance government oversight.

To give an example, we are reinforcing the requirements that the operator at the oil handling facility must ensure that its plans are kept up to date. We would also require that the operators of existing oil handling facility notify me, as Minister of Transport, of their operations. This is simple and it would help ensure that oil handling facilities set out in the regulations would be identified. This requirement would facilitate regulatory oversight and ensure that all of these facilities would meet a sufficiently high safety standard in their operations.

New facilities will also have to submit their plans to me before they begin operations, as would those who were making significant changes that might affect the loading or unloading of oil to or from vessels. Examples of this are changes to capacity, changes in equipment, changes in design or the type of product that they are transferring.

Under the proposed amendments, operators of oil handling facilities will also have to demonstrate how they comply with the act and the regulations.

In addition, the changes give me and any future minister of transport the authority to direct an operator of an oil handling facility to take the necessary measures to adequately prevent marine oil pollution. That is going to include the authority to require an operator to repair, remedy, minimize, or prevent pollution damage from these facilities, or to stop the loading or unloading of oil to or from vessels.

Taken together, these amendments will significantly increase oversight of the operation of oil handling facilities, both existing, and new ones as well. It will help ensure that oil spills are prevented whenever possible, and that appropriate measures are in place if a spill should happen.

Lastly, Bill C-3 addresses enforcement of the legislative regime to promote compliance. Enforcement should be adaptable to the seriousness of an offence. Marine safety inspectors in my department will be able to issue administrative monetary penalties for contraventions of part 8 of the act and its regulations. This ability, in addition to the existing enforcement powers under the act, only strengthens Canada's marine oil spill preparedness and response regime.

In conclusion, this is a bill that is an important step in our government's comprehensive plan to develop a world-class tanker safety system in Canada, and in particular off the west coast. I look forward to having all members of this House support the safeguarding Canada's seas and skies act.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I would like to thank the minister for her explanation and her comments on the bill.

I was a member of the committee, and we heard from witnesses. I must admit that, as the minister said, there is a lot of support for this bill. Some of the people said it is a step in the right direction.

However, the Canadian Maritime Law Association made a suggestion that we, the official opposition, proposed as an amendment. We want to be sure that, at the end of the day, Canadian taxpayers will not have to foot the bill.

Yes, there is a system in place. However, if the damages total more than $500 million, the convention does not apply. The fund created by the convention cannot be used. Then who is responsible? Taxpayers, that is who. The government will do the cleanup and Canadians will be on the hook.

Given the importance of the polluter pays principle, as the minister pointed out, why did she not agree to our amendment, which would take the existing oil fund and allow it to be used here? It has already been created. It already exists and we could have used it to ensure that Canadians will not have to pay.

Why did the minister not accept the NDP's proposed amendment?

[Lisa Raitt, Conservative, Halton, ON]

Mr. Speaker, as I indicated, we are following along with international convention in ensuring that we are complying to international rules, given the nature of marine transport.

The total amount of compensation under the convention that makes shipowners strictly liable for damages like pollution would be approximately $400 million for a single incident. We hope that does not happen. Above and beyond that, we would take this on a case-by-case basis, in terms of how we would effect pollution cleanup.

What this demonstrates is that we clearly do see the gaps that need to be filled. We have looked at it very carefully, and we are moving forward to ensure we are playing on the same level playing field as other countries in the world.

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, this bill amends a number of existing statutes, and it does touch directly on aviation, marine safety, and so on.

I want to ask a question. Because we have walked through the door with respect to aviation issues, I want to ask the minister a question that I think she would rightly expect from the Liberal opposition here today.

It is about the recent survey of aviation inspectors who work for your department at Transport Canada. I want to know whether this bill has any bearing on what we have determined from your own inspectors on aviation.

Eighty-five percent of them believe that air travellers have been exposed to higher risks as a result of your government's policies; nine in ten of your own aviation inspectors—

[The Acting Speaker, Barry Devolin]

Order. I would remind the hon. member to direct his comments and questions to the Chair rather than directly to his colleague, and could he get to the question, please.

[David McGuinty, Liberal, Ottawa South, ON]

Absolutely, Mr. Speaker, and through you, nine in ten aviation inspectors in the minister's own department are now saying that her department's safety management system prevents the correction of safety problems in a timely fashion. Finally, two-thirds of the minister's own inspectors believe that Transport Canada's safety management system will actually increase the chances of a major aviation accident.

Can the minister tell us how the bill debated here today is going to address these issues?

[Lisa Raitt, Conservative, Halton, ON]

Mr. Speaker, as the hon. member would know, moving to a safety management system platform was a decision taken many years ago. As the Auditor General has noted in his report in November, there have been difficulties at Transport Canada in terms of implementing oversight with respect to auditing as opposed to inspecting.

I think the hon. member is quoting from a survey that was conducted by the union, and, in that, the determination came forward that there was a discomfort with SMS. However, the reality is that safety management systems, or SMS, are internationally recognized as being the way forward. The chair of the Transportation Safety Board here in Canada has indicated that it is the right thing to do. It is what industry says is the right thing to do. It is what ICAO has said is the right way forward, in terms of ensuring that a safety culture is embedded. As a result, we can point to a decrease in aviation accidents in the past number of years of approximately 25%.

However, on the member's point, I think it is important for Transport Canada officials to take a look at the result of the survey and apply whatever skills we can to ensure that people are trained appropriately and that they have a culture in which they like to work. I know my officials take the matter very seriously in the management of their department day by day.

However, the concept of SMS is sound, and it will be implemented because it is the right way to go for our country.

[Michelle Rempel, Conservative, Minister of State (Western Economic Diversification)]

Mr. Speaker, a few weeks ago, I had the opportunity to be in Victoria, and I launched a great project that was funded with support from my department, Western Economic Diversification. It is around ocean monitoring and has a series of sensors, expertise, and a hub for collecting data related to baseline measurements up and along the B.C. coast.

Certainly I know that our government has invested heavily, not only in the infrastructure but also the research expertise and capacity, to help inform us and put together sound public policy around regulation in the area that my colleague is speaking to today.

I wonder if the minister can provide the House with some additional details on the level of work related to science and technology that our government has funded, and how it is has informed the policy that she has put forward to the House for debate.

[Lisa Raitt, Conservative, Halton, ON]

Mr. Speaker, indeed innovation, such as the minister has indicated, is really important to ensure that we are at the cutting edge in terms of prevention, response, and, at the end of the day, liability.

On the prevention and response side, these types of sensors that the member referred to will allow us to understand what is happening in the ocean. They will provide real-time information to vessels about dangers to them, to ensure we are preventing an accident from happening.

It is an incredibly smart project, and I am very grateful that the minister is funding it through her department. It shows that we have a whole-of-government approach when it comes to ensuring that our marine environment will continue to be safe, so that we can responsibly develop our resources here in Canada.

The only other item that I think is unique to us in Canada, and of which I am very proud, is the national aerial surveillance program. That flies out of Vancouver, the north, and the east coast. It is something unique to our country. They do not have this capability or this instrumentation in the United States. From 10,000 feet, it can see a spill of as little as one litre of oil on the water.

These are very important things that we can do to ensure we respond as quickly as possible to a spill and make sure we contain the damage, and of course the liability, as best we can. I am very pleased that we have expanded the coverage. We are providing more hours in the air and more coverage across the country in the national aerial surveillance program.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I have a few questions for the minister.

Before the bill was brought forward at second reading, the NDP made a request to have the scope of the bill broadened so that we could look at ways to make sure the environment is protected. For instance, we look at how the government has been acting with closing Coast Guard stations and cutting a lot of environmental protection measures.

Why did the Conservatives not agree with the NDP proposal to broaden the scope of the bill to better protect the environment?

[Lisa Raitt, Conservative, Halton, ON]

Mr. Speaker, when we brought the bill for reintroduction, in October of last year, it was a bill that contained a number of items, as I have already outlined. However, these are all items that are practical, pragmatic, and have the ability to make a change now.

One of the examples I gave was that we are ensuring that aids to navigation, which are buoys, lights, and other devices to mark locations and preferred shipping routes, are installed and maintained. It is these kinds of practical, action-oriented devices that we want to accomplish, to make sure we are not studying, not waiting, nor contemplating; we are moving forward. We are getting action, and we are going to protect the environment in the short term, and not thinking about it in the long term.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I am pleased to rise today to speak to Bill C-3.

Before I start, I would like to commend my colleague from Burnaby—New Westminster for the extraordinary work he has done on this bill.

It is important to take a look at what this bill does. It has a rather long title: An Act to enact the Aviation Industry Indemnity Act, to amend the Aeronautics Act, the Canada Marine Act, the Marine Liability Act and the Canada Shipping Act, 2001 and to make consequential amendments to other Acts. This bill involves a number of different acts.

Since the bill already involved a number of other laws, we requested that it be expanded and be a little more open, so that we could take a good look at what is going on with environmental protection.

The Conservative government has made cuts that affect the environment, particularly in western Canada, in British Columbia, but also in the east, where the government has closed rescue stations. The government's actions contradict its claims that it wants to protect the environment.

We lobbied, we wanted to talk and we wanted to see meaningful action. Unfortunately the government refused to listen to us.

Yes, this bill is a step in the right direction, especially in terms of marine protection and safety. That is why we will support the bill at this stage.

However, the committee heard testimony from a number of experts. We made very reasonable suggestions to improve the bill. Unfortunately, once again, the government refused any amendment from the opposition.

Unfortunately, this bill is yet more proof that the government does not have an open approach. Not only did it refuse to expand the scope of the bill, but it also refused to listen when we scrutinized the bill and made suggestions based on expert studies. Unfortunately, this is not the first time this has happened.

The bill has four rather major parts dealing with separate issues. The first part deals with the aviation industry indemnity. This allows the Minister of Transport to compensate certain airlines for any losses, damages or liability caused by events known as war risks. We support what has been proposed on this issue. It is a solution to a problem that was there before.

The second part amends the Aeronautics Act to give the airworthiness investigative authority the power to investigate aviation accidents or incidents involving civilians and aircraft or aeronautical installations operated by the Department of National Defence. In the event of military-civilian occurrences, this part gives the airworthiness investigative authority the power to conduct investigations.

However, we have noticed a problem. In the past, the Transportation Safety Board of Canada used to carry out the studies and investigations. At the end of the day, since the board was responsible, the report was made public. In this case, the report will be submitted to the Minister of National Defence. The minister will be able to see the report, but he will not be required to make it public.

The NDP proposed to force the government to make the report public so that anyone who has questions can be informed and the public is reassured. Once again, unfortunately, the government rejected our amendment. However—and this is not in defence of the government—we heard that it is in the interest of the Department of National Defence to make these reports public.

They are telling us that the reports will be made public on an administrative level. If the information is confidential—for example, if the reports are talking about strategic or other types of military issues—we can understand why they would not be made public. However, nothing prevents the government from making these reports public. Even the officials from the Department of National Defence who testified in committee said that all existing reports on these types of investigations are made public.

Why did the government not take the NDP's proposal to make these investigations public? Our proposal took into account that the reports would not have to be made public if they contained confidential information or strategic national security information, and the government already has that right. This government already does it. Most of the time, when the public wants to see a report or investigation, only a part of the report will be disclosed—not the full report.

This is in the interests of transparency, which is very important to the NDP. Unfortunately the government did not accept our proposal.

I would now like to talk more about part 4, which we think is one of the most important parts. As the minister mentioned, this part will fix a problem that existed before with respect to compensation for victims or others who have to pay in the event of disaster. Here is what is going on. Canada was a signatory to the convention.

Canada was a signatory to the HNS Convention, and what we are doing here is actually implementing the convention. The reason for the convention and the reason we are supporting part 4 is that we are moving forward. We need to have these rules, these regulations, to make sure that the convention is applied. We want the convention to be applied here because it would actually allow us to access a fund. It is an international fund for HNS, hazardous and noxious substances. In case of a spill, we would be able to use money from that fund.

Also, the bill would actually limit the responsibility of the shippers. Just to make it simple, if a spill happens with HNS, the shipper will be responsible up to a certain amount, which is approximately $230 million. That amount changes. I will not go into detail about why, but that is the amount.

The information we have from the Library of Parliament is that the other amount will be covered by the convention. The fund will cover up to $500 million. In excess of that, what happens? That is the question we were asking. What happens if there is a spill that exceeds $500 million in terms of liability, in terms of damages? Basically, the answer from witnesses, and also now from the minister, is that it might not happen.

What if it happens? Before all the oil spills, we were saying that it was not going to be a problem. Everything was safe. However, when we saw what happened with the Exxon Valdez, for instance, and when we saw what happened in Lac-Mégantic, where in terms of insurance, the company did not have enough insurance, who ended up paying for it? It was the taxpayers. What is worse, the people who have to do the cleanup are going to be on the hook for that.

A fund already exists. Duties were taken for oil, so the fund exists already. We wanted to make sure that at the end of the day, it will not be the taxpayers who have to pay. We could use that fund to make sure that we protect Canadians. Unfortunately, again, the government refused our amendment.

It is really hard for me to understand why we do not want to make sure that Canadians are off the hook, especially when the government has said that polluter pays is really important. In this case, if something happens, again, Canadians could be on the hook.

It is an amendment we thought was reasonable and would make sure it was in the right direction. The response from the government was not satisfactory. We do not understand that position.

I would like to come back to the fact that the bill contains some good features, including part 5, which is an interesting part because it sets out further safeguards. Operators of oil handling facilities will have to meet some additional obligations, such as submitting an emergency or response plan to the department to ensure that they have a plan for their operations. When petroleum is moved from one source to another, be it by boat or by train, there is a transfer here, which is when we want to be covered.

In addition, a certain form of liability will provide some freedom to the first responders on site in emergency or problem situations. In other words, response organizations will be entitled to some immunity, which is important. Indeed, in committee, the first responders told us that this was important to them too, which is why we are supporting it.

However, we can do more and look at the government's way of doing things. I will make a parallel with what is happening in rail safety. There are regulations in this sector that the government says are strong. However, in practice, what we have is deregulation. Companies are increasingly being allowed to self-regulate and self-inspect.

The Auditor General clearly stated that Transport Canada did not have the resources needed for the inspections, which is what concerns me in this case. Indeed, we are taking a step in the right direction with the legislation by providing for inspections and an obligation to submit response plans. However, if we look at the budget and how the government is doing things, there has been no follow-up at all on that. For example, there was no increase in the last budget to ensure protection in rail safety.

Once again, inspectors are being given more duties without necessarily being given the resources they need. The Auditor General was scathing in his report. The department said that it would follow-up. We are waiting to see this follow-up to determine whether the government is committed to protecting Canadians first and foremost. Although this is a step in the right direction, the government's actions suggest otherwise.

When a response plan is produced, what co-operation will there be? What information will we have as interested parties to find out whether the government is doing its job?

It is easy to draw a parallel between this issue and rail safety because we started studying that issue in committee after the Lac-Mégantic tragedy, which concerns the same department, the Department of Transport. That is why we are trying to identify the real shortcomings. We have to admit that Lac-Mégantic opened our eyes. We saw that there were shortcomings not just in the measures implemented by the government, but also in how laws are managed and implemented.

Now, on the one hand, we are headed in somewhat the same direction by enforcing the laws and asking companies to submit a plan to us. On the other hand, we do not have the resources to ensure that these plans are safe.

Once again, I am drawing a parallel with emergency response plans. After the Lac-Mégantic tragedy, the Transportation Safety Board of Canada asked that these plans be put in place. However, we do not know if these plans will be put in place correctly because Transport Canada does not have the resources to check everything. We believe that is a problem.

Furthermore, there is a lack of transparency in the government's approach. If I am drawing so many parallels with rail safety, it is because we have clearly discovered shortcomings.

In this case, the same type of system is being put in place. That is where the problem lies. The government is presenting a plan. However, neither the public nor parliamentarians can obtain all the information.

We asked the government to ensure that municipalities, for example, have all the necessary information about dangerous goods transported by rail through their area. We were told that it would be a step in the right direction to ask companies to submit the list of dangerous goods, albeit after the fact. In other words, people will be told what has already passed through their area, but will not be told what is soon going to pass through. This would have allowed municipalities to have the information they need to ensure that they have the necessary resources in place.

Unfortunately, the minister at the time said that if the municipalities wanted that information they would have to use the Access to Information Act. That is just ridiculous. Once again there is a lack of transparency. We believe that this approach unfortunately does not show any goodwill on the part of the government or any concern for informing the public and working with the municipalities to ensure that everyone has the information needed to move things forward.

That is why I am making a comparison with rail safety. As I explained, that is what the Standing Committee on Transport, Infrastructure and Communities is now studying. In this case, we had very little time to study the bill. We had a few meetings. Still, we did make requests to flesh out the bill so that we could study other issues. This bill addresses some problems with liability. Implementing an international convention is a good thing.

However, there is nothing about protecting our coasts. Some of my colleagues are very worried about how the government operates and the measures it introduces. As they say, an ounce of prevention is worth a pound of cure. The time for that is now. Unfortunately, the government is refusing to listen to what the opposition has to say and what its concerns are. Several MPs from eastern Canada, and many from western Canada, are very concerned about everything to do with supertankers. They are very worried about the coastlines. They are very worried about the government's approach, about the lack of transparency and especially about the government's failure to protect our coasts and the environment.

This would have been a good opportunity to study this issue. Since this bill already affects four other laws, why did the government not take the time to do something good? The minister replied that it was time to take action, not to do more studies or think long term. We are asking the government to take action to protect the environment.

Taking action does not mean cutting the services, resources and personnel that are meant to protect us. What we are asking the government to do is reverse those cuts because they have serious consequences. If problems come up after those cuts are made, the government will realize that it made a mistake. That is why environmental protection is so vitally important to the NDP. It is terribly unfortunate that the government did not listen to us. That is why we will continue to fight to protect our coasts and the environment.

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, I thank my colleague for his speech today.

For the benefit of the members in the House and the Canadians who are watching, I would like to present some simple facts and key points. I would like to share them with my colleague and see what he has to say.

We know from the 2012-13 public accounts that VIA Rail was cut by 15%, aviation safety was cut by 11%, marine safety was cut by 25%, road safety was cut by 5.5% and rail safety remained relatively constant. At the same time, we know that the Conservative federal government spends more on economic action plan ads than on rail safety.

Could my colleague comment on these cuts and explain the fundamental adverse effects they will have on safety in Canada?

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I thank my colleague, and I would especially like to say how pleased I am to work with him on the Standing Committee on Transport, Infrastructure and Communities.

The government is reducing spending to balance its budget and fulfill its 2015 election promises. However, what the government is not saying and what we are clearly seeing is that there is a direct negative impact on public safety.

I know that the Minister of Transport does not like it when we say that people are not as well protected, but those are the facts. When inspectors are not doing the job, when there are fewer and fewer inspections and companies are increasingly allowed to self-regulate and do their own inspections, at the end of the day, you have what happened in Lac-Mégantic. When the government chooses deregulation and abandons rail safety, that is what happens.

That is why we are concerned when all the government does is cut spending. Yes, it will amend the legislation and say there are more reasons to protect people. However, in reality, we know that inspectors do not have the resources they need to really ensure that the safety of Canadians is a priority.

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, I would like to thank my colleague from Brossard—La Prairie for an excellent speech. I know that he is doing incredible work as part of the Standing Committee on Transport, Infrastructure and Communities, and I thank him for that. I am certain that many Canadians are appreciative of the fact that he is standing up to the Conservative government, especially on a topic as important as the one before us in the House today.

The NDP proposed very reasonable amendments to this bill to ensure that Canadians will not be held responsible for compensation and cleanup costs if there is a spill involving noxious and potentially hazardous substances, for example. We also asked the Conservative government to expand the scope of the bill. Unfortunately, the government rejected all of those requests.

This bill contains some extremely disappointing elements, and it does not go far enough. For example, it does not cover oil spills. I am thinking about my colleagues from British Columbia, which is home to many oil projects. I am also thinking about my colleagues from the east, in the Maritimes, who are seeing the same thing happen there.

What does my colleague think about the fact that the Conservatives do not want to broaden the scope of this bill or the fact that they do not want to better protect our environmental resources or the health of Canadians?