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

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Lisa Raitt  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

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.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 12:20 p.m.
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NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, the hon. member is absolutely right. Operators of oil handling facilities must submit an emergency plan to the minister. However, there is no indication as to what the emergency plan will include. We firmly believe that we should meet with people in committee to ask them about the steps that will be taken from now on with regard to oil shipments. We know that when oil is shipped, if it is refined, sulphur and pollution levels go up. As a result, it is important to ship crude oil as much as possible. Some steps must therefore be taken.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 12:20 p.m.
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NDP

Denis Blanchette NDP Louis-Hébert, QC

Mr. Speaker, I want to thank my colleague for her speech. This bill creates a paradox, in a way. As my colleague pointed out, on the one hand, the government is weakening safety measures, by closing the Québec City marine rescue centre, for example. On the other hand, it is introducing some half-hearted measures to slightly improve safety.

I would like my colleague to comment on the government's approach to transportation safety. We tend to forget that marine transportation plays a major role in Canada's economy.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 12:20 p.m.
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NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, many Canadians may not be aware that all ships travelling on the St. Lawrence and other waterways pose a serious danger. To go back to the member's question, the right word might be “unacceptable”. The services that the safety centre used to offer have been eliminated and are no longer accessible to francophones. Moving the centre to another part of the country has weakened our position; it has made our situation slightly more risky. If every ship's cargo were checked, things might be different. We do not realize how outdated the ships can be. Sometimes, they are like potential bombs travelling on the St. Lawrence.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 12:25 p.m.
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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, it is an honour to speak on behalf of my constituents from Surrey North. I come from British Columbia, and we are fortunate and very glad that we have ocean on one side of the province. The pristine waters right off the coast of British Columbia and also the inland waters generate a lot of economic activity, including a huge fishing industry in British Columbia that supports families. Also, there is a huge tourism industry that uses those waters. We get visitors from all over the world who come to experience the natural beauty of British Columbia.

Having said that, it is important that we protect those waters and keep them safe from any activity that goes on in the inland waters and off the north coast of British Columbia. The government has an opportunity here to show leadership in protecting those waters off British Columbia.

I could go back into what the Conservatives have done over the last number of years. They have made cuts. They have closed a number of Coast Guard stations, including the one in Kitsilano. They have made cuts to the marine communication traffic centres, including the marine traffic control communications terminal in Vancouver and in St. John's. They are closing the B.C. regional office for emergency oil spill response. The government has also made cuts to the offshore oil and gas energy research centre.

Here was an opportunity to show leadership, to come up with a policy and legislation that would have a lasting impact on not only the environment but the pristine beauty of British Columbia. Bill C-3 addresses five different acts. It is sort of a mini-omnibus bill. We have seen this from the Conservatives over and over when they try to ram through legislation that makes changes to a number of different laws without consultation with stakeholders and without involving those people who would be affected by the legislation. Time after time, the Conservatives have had the opportunity to address those concerns, and time after time I have seen them fail that test.

Bill C-3 makes amendments to a number of different acts. As we can tell from the title of the bill, it is an omnibus bill being introduced by the government in an attempt to push through as many pieces of legislation as possible, essentially undermining democracy. The bill literally covers everything from the bottom of the sea to above the clouds in the sky.

Bill C-3 is an interesting contrast to the previous mode of operations of the Conservative government. In March, I stood in the House to address the $108 million cuts that the Conservatives have made to the Department of Fisheries and Oceans. These cuts directly impacted the Kitsilano Coast Guard station, the marine communications traffic centres in Vancouver and St. John's, Canada's offshore oil and gas research, as I pointed out earlier, and also British Columbia's oil spill response centre. They have all been shut down.

No one has forgotten those cuts, especially British Columbians, people in my riding, who are proud of the natural beauty and pristine wilderness that our province boasts. There has been no consideration to reverse those cuts and prove that the Conservatives value our environment and our country.

However, here we are now with a bill in front of us that attempts to compensate for the previous inaction and cuts to marine safety. It is difficult to trust the Conservatives trying to protect the environment, given their track record. The NDP, including my colleagues in the House, is fundamentally committed to ensuring that oil spills never happen on our coasts. My NDP colleagues and I have time and time again stood in the House demanding that the government pay attention to marine safety. Time after time, the government has failed to respond to our concerns and the concerns of Canadians. I introduced a bill in the House last spring to protect a major creek in my riding, Bear Creek.

Specifically in regard to Bill C-3, the NDP requested that the scope be broadened by sending it to committee before this debate to include more comprehensive and specific measures to protect Canada's coasts. Again, this proposal was rejected by the Conservatives, a clear indication of their dedication to the issue at hand.

Time after time over the last two and a half years the NDP has made numerous amendments, thousands of amendments at the committee stage, to different bills. Out of those thousands of amendments, not one has been accepted by the governing party. That shows a lack of commitment by the Conservatives to listen to all stakeholders who have come before committees and a lack of willingness to partner with stakeholders so that we can make the best rules and laws for Canadians.

That is a major concern that clearly shows the Conservatives are not only not looking after the interests of the environment but they are not looking after the interests of Canadians.

Clearly the Conservatives believe that their words are stronger than their actions. Pushing through a bill that increases tanker safety and environmental security will help to close the gaps in protection that exist. However, those gaps are the result of poor decisions by an incompetent government.

It is difficult to believe that the efforts of the bill are genuine, considering that the Conservatives have repeatedly prioritized the transportation of oil over the environment. This is demonstrated through their targeted closures of protection and response institutions, pulling out of the Kyoto accord, and by constantly disregarding climate change and partially muzzling our scientists.

As I do, Canadians welcome any attempt to right the wrongs that have been committed by the government, but they will not be fooled by this particular bill, which basically does not go far enough. It does not address some of the shortcomings that the government has brought upon the safety of our marinas and marine waters off the coast of British Columbia and across the the way in eastern Canada.

Again, the Conservatives had an opportunity to address some of the concerns that Canadians have in regard to marine safety. The bill basically touches on some of the issues, but it does not go far enough.

Time after time I have seen the government, whether it is on veterans' issues, unemployment issues, or immigration issues, fail to address the concerns of Canadians. The bill does not address the marine safety that is required for the pristine waters of British Columbia. I urge the government to allow and accept some of the NDP, the official opposition, amendments that we will be presenting in the committee.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 12:35 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I thank my friend from Surrey North and welcome him to the debate, a debate the Conservatives and Liberals have decided to be absent from, somehow thinking that marine safety and aviation safety are things that do not need to have any comment from the government or the third party. It is fascinating, but it is their choice.

The interest I have here is that this is a small measures bill. It seeks to change some liability. It seeks to toughen up some of the more peripheral issues that are around shipping oil, particularly by marine through supertankers. However, it does not address some of the things that my friend talked about earlier, which are all the cuts we have seen, not just straight up money to the Coast Guard and the Department of Fisheries and Oceans to enforce any of the new laws that we bring forward. We do not see the government attaching any money to these prospects. Therefore, what is the value of a law if the government does not intend to enforce it? That is a fair question.

The second piece is that the government fails to understand that by not accepting any of the witness testimony and not accepting any of the ideas that come from the official opposition, it keeps making bad laws. The way we know that is that these laws keep getting struck down in court. There was one just last week.

Refusing to listen to any criticism is an arrogance that does not work for government and it does not work for taxpayers, because none of these things actually come to pass.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 12:35 p.m.
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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, the government brought in the bill, yet Conservatives fail to stand up in the House to defend it and offer the highlights of what is so important in it. They are not speaking on it in the House.

The people in the corner over there, the Liberal Party, I do not actually know where they stand. They flip-flop depending on which way the wind is blowing. They will say one thing before the election and then they will do exactly the opposite when they do come into the House.

In committee with witnesses and expert testimony, one would think that out of the thousands of amendments, thousands of good ideas the experts and stakeholders bring in, that there would be one idea that the Conservative government would accept. It has not happened yet. I would encourage the government to listen to the experts and the opposition amendments.

Let us make marine safety a priority in this country. It is a huge economic boost in British Columbia, and I would hate to have some sort of incident that damaged the pristine waters of British Columbia.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 12:35 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, the member for Skeena—Bulkley Valley mentioned the cost of court challenges to taxpayers. I am also concerned about the fact that Canadian taxpayers would have to pay for oil spills because the limits set out in the legislation are not high enough. When we look at other jurisdictions whose economies depend on their oil sector, such as Norway and others, they have much higher liability limits.

Could my friend for Surrey North talk about how taxpayers should not be on the hook for any pollution that occurs from oil spills?

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 12:35 p.m.
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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, it is our responsibility as legislators to ensure that there is no oil spill off the coast of British Columbia or, for that matter, off the east, west, or north coasts.

We have seen the results of an oil spill. It costs hundreds of billions of dollars to clean up. We have seen it in the Gulf. I would not want to see that off the coast of British Columbia. The government needs to ensure that we have the proper resources and that proper marine safety legislation is there. This legislation does not do that. It does not provide enough of a safety net, whether it is additional insurance money, the Coast Guard, or marine traffic controllers.

The government had a chance here to protect the waters off our coasts, but it miserably failed with a bill that basically does not address what needs to be addressed at this point.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 12:40 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I am pleased to rise in the House today to participate in the debate on Bill C-3. Many of my colleagues have spoken today, which is great, because this is a very significant bill that needs to be thoroughly debated both here in the House and in committee.

The first point I would like to make is that Bill C-3 is another omnibus bill that is being brought forward by the Conservative government.

Unfortunately, we have become used to receiving these mega-omnibus bills. This one is not as big as some of the budget bills we have had, bills that stripped away environmental protection and regulations and put everything in but the kitchen sink; this is a smaller one, but nevertheless, it is still an omnibus bill. It would make amendments to five different acts, including the Aviation Industry Indemnity Act, the Aeronautics Act, the Canada Marine Act, the Marine Liability Act, and the Canada Shipping Act.

I am not going to focus on all aspects of the bill today, because I have limited time to speak. I want to focus particularly on the Canada Marine Act and the aspects pertaining to marine issues because I am from British Columbia and this, of course, is a huge issue for us on the west coast.

First of all, I would say that there are some positive aspects to the bill. We have gone through it very carefully and we can see that, for example, it would require pilotage and increased surveillance for boats and tankers coming in, which is certainly a small step in the right direction.

However, we note that the bill is too limited. There is still a lot more to do. Certainly one of the things that needs to be done is for the government to reverse the effects that the drastic cuts in last year's budget have had on tanker safety on the west coast.

When we read Bill C-3, I think we can see that it is a pretty thinly veiled attempt to compensate, like window dressing, for previous inaction and the Conservative cuts to marine safety.

The measures that would improve safety in Bill C-3 are relatively small in comparison with the risks that are posed by closing the British Columbia oil spill response centre, shutting down the Kitsilano Coast Guard, and gutting the environmental emergency response programs.

We see a bill before us that would have some limited effect, but it does not address the serious and major issues facing British Columbia in terms of marine conservation, tanker traffic, and safety. The bill would not go nearly far enough. It would probably be 5% of what needs to be done.

I know many of my colleagues have addressed this aspect today, but I will add my voice to make it clear that we in the NDP are committed to ensuring that oil spills never happen on our coast. Maybe some people think that is not a realistic position, that it is really just about damage control and mitigation of problems and disasters, but we think the policy we should work from is to ensure that spills never happen.

That means taking a very different kind of approach. It means taking an approach based upon the precautionary principle. It would be an approach based upon the public interest. It would an approach based upon the fact that we believe the federal government has a critical role in making it clear that for marine industries, for tanker traffic, there have to be strong, clear, consistent rules that all the players adhere to so that oil spills can never happen.

Why would we take that approach?

We take that approach because the prospect that any of the incredibly beautiful and rugged British Columbia coastline could be spoiled by a spill is something that one does not want to contemplate. It is not only the disaster that occurs at that moment, but the impact.

I remember when the Exxon Valdez had its historic spill many decades ago. It was in the news for days, weeks, months. The devastation to the environment was enormous, while the response to the spill was very limited.

People learned a lot from that, not only in B.C. but globally. Public consciousness about the safety of tanker traffic and the risk of spills increased enormously.

That was many decades ago. Now we are talking about an environment and an industry in which supertankers with much greater capacity make the Exxon Valdez look like a mini-tanker. On the one hand we are told that safety provisions, improved design, double hulls, and so on have improved the situation, but in fact accidents and spills still take place even when the hulls are doubled, so we think that taking the perspective of the precautionary principle is important. As a result, we are committed to ensuring that there is legislation, policy, and regulation to ensure that oils spills never happen on our coast. That is something we are committed to.

I believe it was in 2011 that we debated an NDP motion that sought to put into effect the existing verbal agreement that has banned oil tankers off the coast of B.C. for the past 40 years. This so-called moratorium came about as a verbal commitment with the Province of B.C., but nothing was ever put in writing.

It was a very good motion and a very good debate. The motion to have the moratorium put into legislative effect passed in the House at the time. Unfortunately, the government never followed up, so we still have this very uneasy situation in British Columbia: on the one hand we have this 40-year-old moratorium, but on the other hand there is no paperwork to show that it exists.

The Government of Canada website states:

There is a voluntary Tanker Exclusion Zone off the B.C. coast that applies to loaded oil tankers servicing the Trans-Alaska Pipeline System between Valdez, Alaska, and Puget Sound, Washington. This zone does not apply to tankers travelling to or from B.C. ports.

It is very clear that it is limited. Basically, it is a very particular exclusion zone, and it is voluntary. That is the basis of the moratorium.

That is not good enough. It needs to be enshrined in a proper legislative process. If we are to protect future generations, then we owe it not only to residents of B.C. and our global community today but also to future generations to ensure that such protection does exist.

The NDP's call to ban oil tanker traffic through this corridor is supported by first nations; local, regional, and provincial politicians; environmental groups; tourism, recreation, fishing, and other potentially affected industries; and over 75% of B.C. residents. Members can see that this is a huge issue in our community.

I stated at the beginning that in principle we support this bill going to committee. However, when it does go to committee, there are many issues that we will be raising. For instance, we want to see reversal of the Coast Guard closures, including the Kitsilano Coast Guard station, which was done in an appalling way. Basically it was a unilateral decision to close the station despite an uproar in metro Vancouver and the fact that its closure would not serve the community well.

We also want to see a cancellation of the closure of B.C.'s regional office for emergency oil spills. It is unimaginable that we do not have a regional office for emergency oil spills and responders. To me that is incredible.

To sum up, we feel that a number of issues are not addressed in this bill and we will be following up on them at committee. If we are to have safety on the west coast in terms of tanker traffic, this is imperative if the bill is to have any meaning at all.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 12:50 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, I also appreciate the speeches from my hon. colleague. She has many years of experience in this House; I believe she has been here for 16 years. The advantage of being here for that amount of time is that she has been able to see not only a Conservative government in action, but also Liberal governments.

Since I was not here at that time, my question is this: was the record of the Liberals any better on these issues of environmental protection and action on climate change?

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 12:50 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I think it is a very pertinent question. After being here 16 years and after seeing a Liberal majority government and minority Parliaments as well, I can say there has been a very sad, slow, and steady decline in environmental protection and regulation under Liberal governments, and now that decline has escalated under Conservative governments.

However, regarding the moratorium I spoke about, certainly there were Liberal governments of the day and Liberal cabinet ministers from British Columbia. This is not an issue that has just appeared over the last couple of years. Tanker safety through coastal waters has been a long-standing issue. There were numerous opportunities to ensure that the moratorium actually meant something and to improve and enhance our environmental protection, but we have never seen it happen.

So here we are today at a crossroads. Now time is running out. B.C. residents have made it very clear that we oppose the Enbridge Northern Gateway pipeline and oppose the supertanker traffic that is going to bring in millions of gallons of bitumen from the oil sands. These are very significant issues in B.C., and unfortunately we saw nothing from Liberal governments that would have laid the groundwork to ensure that we might have been better off today than we are.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 12:50 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I would like to thank my colleague for her excellent speech. I know that she is really concerned about oil tankers on our waterways.

I was wondering if, like me, she believes that it is important for businesses to take responsibility when transporting hazardous materials, whether by water, road or rail? Does she believe that, in the event of an accident, companies should be ready to respond and to pay because they are responsible for the products they transport, in this case across the ocean.

Is it important for companies to be able to provide an adequate, efficient, quick and financial response to the damage that accidents can cause?

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 12:50 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, we believe very much in the principle of polluter pay. In fact, one of the issues that is not properly addressed in this bill is that we should be raising the limit for cleaning up spills. There is something called the Ship-sourced Oil Pollution Fund, which does provide a source of funds through levies when there is a major spill; however, it is interesting to note that no levy has been imposed since 1976, and although that fund now has $400 million in it, which might sound like a lot, if there were actually a major spill, it would go in a flash.

Just to put it in context, the total cleanup for the Exxon Valdez was $3.5 billion. Of course, as I mentioned, we are now dealing with supertankers that are much bigger than the Exxon Valdez, so the Ship-sourced Oil Pollution Fund would really be just a drop in the bucket if there were to be a major spill. We believe the issues of polluter pay and of increasing the limit for cleaning up spills are very important priorities, but they are not addressed in the bill.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 12:50 p.m.
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NDP

Ryan Cleary NDP St. John's South—Mount Pearl, NL

Mr. Speaker, I stand in support of Bill C-3—tentative support, I should add. The bill includes the enactment of the Aviation Industry Indemnity Act and amendments to the Aeronautics Act, the Canada Marine Act, the Marine Liability Act, and the Canada Shipping Act, 2001. The bill also makes consequential amendments to other acts.

Yes, Bill C-3 is an omnibus bill that makes amendments to five acts. Is that too much legislation to stuff into one act? Well, of course it is, but such is the modus operandi of the Conservative government: pack and pile as much legislative change as it can into an omnibus bill so as to limit the opposition's scrutiny and to get as much by Canadians as possible.

However, Canadians are catching on to Conservative tactics and tricks. Newfoundlanders and Labradorians caught on a long time ago, but then the rising usually starts in the east. That said, we support the bill at second reading because there is a modest improvement to marine security, the key word being “modest”.

Our support for Bill C-3 is cautious. Our support is moderate at second reading. Committee scrutiny and input with expert witnesses will determine whether we will vote for or against the bill at third reading.

What I want to focus on is the government's complete lack of credibility on issues regarding marine safety—complete lack of credibility, the absence of credibility. That side of the House is where credibility goes to die.

We know there are two sets of response times for the Canadian military search and rescue. During banking hours, between 8 a.m. and 4 p.m., Monday to Friday, the military's Cormorant search and rescue helicopters have a wheels-up response time of 30 minutes to get off the ground and respond to a distress call. After 4 p.m., Monday to Friday, during evenings, weekends and holidays, the wheels-up response time is two hours. That is what I mean when I say there is no credibility on issues regarding marine safety; it is where credibility goes to die.

Ask the family members of Labrador's Burton Winters about credibility and they will tell us about the death of their 14-year-old son because help did not come quickly enough. Marine safety and Conservative credibility do not belong in the same sentence. Marine safety and Conservative credibility do not belong in the same breath.

The parts of the bill that I want to concentrate on include those sections that deal with marine safety in relation to the oil industry. We had requested that aspects of Bill C-3 be broadened to include more comprehensive measures to safeguard Canada's coasts, certainly not packed into an omnibus bill. These comprehensive measures to safeguard Canada's coasts would have neutralized or reversed Conservative cuts and closures specific to marine and environmental safety.

The Conservative government rejected our proposal to broaden the scope of the bill. There is no surprise there. Not a single soul in this country wants to see an oil spill. New Democrats are obviously committed to ensuring that oil spills never happen, but the Conservative record is making it increasingly difficult to trust that the concerns of Canadians are being taken seriously.

Trust is another word like credibility. Trust and credibility should not be mentioned in the same sentence, in the same breath, as Conservatives. The bill is a thinly veiled attempt to compensate for previous inaction and Conservative cuts to marine safety.

There are measures to improve safety in the bill. The required pilotage and increased surveillance is a small step in the right direction. So are increased inspections of foreign tankers. However, those small steps are just that—small—compared to the risks associated with the closure of British Columbia's oil spill response centre, the shutting down of B.C.'s Kitsilano Coast Guard station, and the gutting of environmental emergency response programs.

Again, this legislation appears to be part of a concerted effort by the Conservatives to try to address their non-existent credibility in areas of transport safety, particularly concerning oil tanker traffic on the west coast and mounting opposition to the northern gateway pipeline.

The scaling back of Coast Guard rescue capacity and facilities is not just isolated to the B.C. coast. In my neck of the Canadian woods, the Canadian hinterland, Newfoundland and Labrador, the Conservatives have shut down the marine search and rescue centre in St. John's. We had a rescue coordinating centre with Coast Guard people who knew every nook and cranny of thousands of kilometres of coastline. The rescue centre was shipped out of Newfoundland and Labrador. That can only be described as negligent.

What would New Democrats like to see in this bill? What measures would New Democrats want to see in a bill to safeguard Canada's seas, to protect our people and protect our environment? In B.C., reverse Coast Guard closures. Cancel the closure of B.C.'s regional office for emergency oil spill responders. In B.C. and Newfoundland and Labrador, cancel cuts to marine communication traffic centres, including the marine traffic control communications terminals in Vancouver and St. John's, Newfoundland and Labrador. Reverse cuts to key environmental emergency programs, including oil spill response for Newfoundland and Labrador and B.C.

What other measures do New Democrats want to see in a bill to safeguard Canada's seas? How about reinforcing the capacity of petroleum boards to handle oil spills, as recommended by the environment commissioner? What capacity do petroleum boards, like the Canada-Newfoundland and Labrador Offshore Petroleum Board, have to handle oil spills? The answer is none. It is non-existent.

The CNLOPB needs to build in-house expertise to manage a major oil spill, with the creation of an independent safety regulator. That was the chief recommendation of the Wells inquiry into the 2009 crash of Cougar flight 491 off my province's coast, a crash that killed 17 people. The chief recommendation was for the creation of an independent safety regulator. Where is that independent safety regulator? Where is it? It is nowhere to be seen.

There are problems with the offshore regulator, the CNLOPB, and the Conservatives are in no rush to fix them. The public's confidence in the CNLOPB was already shaken, following a string of political appointments as well as the board's failure, to date, to follow through on an independent safety regulator. Last winter, this country's environment commissioner released a report that revealed that the CNLOPB, the board responsible for regulating the offshore oil industry, is not prepared for a major offshore oil spill. If that is not a shocking combination that undermines what little public confidence remains, I do not know what is.

The CNLOPB has not yet completed an assessment of the oil spill response capabilities of the offshore operators, which are required to respond to spills, almost five years after that assessment began. The CNLOPB is not prepared to take over response to a major offshore oil spill if an operator fails to respond as required. In a nutshell, when it comes to environmental protection, the CNLOPB is failing us. The Conservative government is failing us.

If there were a major offshore oil spill tomorrow, the CNLOPB does not know whether the offshore oil companies would have the equipment or the resources to deal with it. The board itself would not be prepared to pick up the slack. What are we doing? What is the Conservative government doing? It is not doing enough. The Conservatives know this to be true. They know this to be true beyond the shadow of a doubt. We know this to be true, as sure as Conservatives have put safety and the environment in the back seat, behind its corporate agenda and corporate profits.

How do we know this to be true? We know this to be true because the Conservatives have refused to speak throughout much of this debate. The Conservative silence is deafening. Do we hear the voices of objection? No, we do not.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 1 p.m.
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NDP

Fin Donnelly NDP New Westminster—Coquitlam, BC

Mr. Speaker, my hon. colleague mentioned the closure of the Kitsilano Coast Guard station. Certainly, on the west coast we have heard loud and clear that this station, which is in the busiest port in Canada, plays a critical role in marine safety. There have been numerous emergency and town hall meetings where people have come and expressly said to keep that station open. I was glad to hear my colleague say that station should be kept open. He also talked about the MCTS stations that are about to close. He suggested that if the government is serious about developing a world-class marine safety system, it should keep those stations open, as they play a vital role.

He mentioned the marine search and rescue centre in St. John's and that it should be reopened. He has pointed out these closures, which seem to fly in the face of establishing such a world-class marine safety system. I am wondering how the government can claim it is developing this system in the face of all of these closures. I am wondering if the hon. member could comment on that.