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

[Jonathan Tremblay, NDP, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Mr. Speaker, I am not sure whether I understood correctly or not, but I think my colleague is saying that the Conservative government is concerned about the cost to businesses of certain regulations, but not about environmental, social or other safety related costs, including the safety of francophones, of the land, Fisheries and Oceans, the Coast Guard and all that. It is a little disconcerting to hear this discourse.

I am also here to speak to Bill C-3, 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. Admittedly the proposed legislation provides for modest improvements to marine safety. During the first session of this Parliament, the NDP suggested that the government broaden the scope of this bill. Our party is prepared to make real changes with a view to protecting our coastlines. The Conservatives, however, rejected our suggestion. That is unfortunate, but it seems the opposition’s opinion matters little to the Conservatives.

Sadly the only legislators who are responsible and concerned about the safety of Canadians are sitting on this side of the House. They are not seated on the government benches, and if there are any such individuals, they are generally muzzled, and by whom? By the Conservative Party financiers.

I want to focus primarily on Part 5 of the bill which has five main components. Part 5 amends the Canada Shipping Act, 2001. It enacts new requirements respecting oil handling facilities, including the requirement on the part of the operator of such a facility to notify and submit plans of the proposed operations to the minister.

The NDP is committed to putting an end to oil spills along our coastlines. We are prepared to make that commitment, unlike the Conservatives who fail to enforce the necessary regulations to prevent spills of this nature. Judging from the Conservatives’ record, it is becoming increasingly difficult to believe that they take Canadians’ concerns seriously. They have no credibility whatsoever when it comes to marine and aviation safety. Furthermore, their policies are contradictory.

On the one hand, they are shutting down the Coast Guard station in Kitsilano and cutting environmental emergency response programs, while on the other hand, they are demanding more of the marine transportation system. It is all well and good for them to expand requirements, but they also need to assume their responsibilities.

I would like to remind this House that the Conservatives closed the St. John’s maritime centre and they still want to shut down the Quebec City marine rescue sub-centre, the one and only bilingual centre in all of Canada. We must not forget the closing of the maritime radio stations across the country. I am thinking of the maritime radio station in Rivière-au-Renard, which is an excellent example.

Bill C-3 is a barely concealed attempt to offset past inaction and the Conservatives’ cuts to maritime safety. The measures set out in Bill C-3 to improve safety are relatively feeble considering the risks that exist because of all these closures. With all its tributaries, the St. Lawrence estuary is one of the most dangerous in the world and furthermore much of the marine traffic is French-speaking. Right now, traffic on the St. Lawrence is increasing, but services are decreasing. Before now, a number of different call centres knew the territory, and they are gradually being closed down. The government is even threatening to close the Quebec City centre. If that ever happened, there would certainly be deaths. The government that made that decision would be accountable.

The U.S. Coast Guard is studying the effects of the higher number of oil tankers on the west coast and their larger size, given the fact that the increased traffic increases the risk of an oil spill. The United States is taking these risks seriously, while the Minister of Natural Resources is taking the opposite tack, saying that everything is safe, despite the expected increases in oil tanker traffic.

“A supertanker oil spill near our shores would threaten [the] coastal economy and thousands of jobs,” said U.S. Senator Maria Cantwell.

The NDP members hope that Bill C-3 would really increase safety in oil tanker traffic. The Conservative government should have taken the opportunity to cancel the cuts in the most recent budgets—we remember them—as well as the marine security program closures.

Some of the measures that the NDP wants to see in a bill that aims at protecting Canada’s waters include the following.

First, the government must cancel the closures and cuts to Coast Guard services, including the Kitsilano Coast Guard station.

Second, the government must cancel the cuts to marine communications and traffic services, including the maritime traffic control communications terminals in Vancouver and St. John’s.

Third, the government must cancel the closure of the British Columbia regional office for oil spill emergencies.

Fourth, the government must cancel the cuts to the Centre for Offshore Oil, Gas and Energy Research.

Fifth, the government must cancel cuts to the principal environmental emergency programs, including in the event of oil spills in Newfoundland and British Columbia.

Sixth, we must strengthen the capacity—which is currently non-existent—of petroleum boards to deal with oil spills, as recommended by the Commissioner of the Environment. The Canada-Newfoundland and Labrador Offshore Petroleum Board needs to acquire the internal expertise to manage a major spill with an independent safety regulator.

Seventh, the Canadian Coast Guard must be required to work with its American counterparts. Studies have already been conducted in the United States. We could work with the Americans to see what must be done, what regulations are required and how to make the structure of our supertankers as secure as possible. The Coast Guard therefore needs to conduct a parallel study with its American counterparts to examine the risks associated with additional oil tanker traffic through Canadian waters.

Rather than implementing half measures when it comes to responding to and monitoring oil spills as proposed in this bill, an assessment must be done of the national ship-source oil pollution fund, which has not been used in a long time.

For 40 years, oil tankers were prohibited from travelling along the coast of British Columbia. This moratorium was imposed as a result of a verbal agreement with British Columbia. Nothing was put in writing. The NDP's call for a ban on oil tanker traffic through this corridor has the support of first nations communities; local and regional elected officials; the tourism, leisure and fishing industries; other industries that may be affected; and over 75% of British Columbians.

I would like to add one thing about all of our demands. The first nations are concerned about all this deregulation and the cuts to Fisheries and Oceans Canada and the Coast Guard. Tourism industries, particularly Quebec's Gaspé and North Shore regions and all of the maritime provinces that make a living from this industry, are concerned about the impact that an oil spill in the St. Lawrence gulf and estuary would have. Given all the currents and the unique nature of this gulf and estuary, an oil spill would be a major catastrophe. It would quickly spread to all the gulf's ecosystems, which would harm the fishing and tourism industries, as well as the entire economy of these regions.

It is therefore important to carefully think this through. Before going down this road, the Conservatives should think about what could happen in order to prevent deaths and a great deal of environmental damage in my region.

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

Mr. Speaker, I am pleased to share my time with the member for Montmorency—Charlevoix—Haute-Côte-Nord.

Today, we are debating Bill C-3, Safeguarding Canada's Seas and Skies Act, which would amend five acts: the Aviation Industry Indemnity Act, the Aeronautics Act, the Canada Marine Act, the Marine Liability Act and the Canada Shipping Act, 2001.

My speech will focus on the maritime and marine aspects. I will start with the title of the bill: the Safeguarding Canada's Seas and Skies Act. The purpose of the bill is to safeguard our seas and skies, but frankly, it really missed the target here. We have a problem with this bill, which is why, on our side of the House, we are willing to pass it at second reading, but only so that there can be a good debate when it goes to committee.

We had proposed that this bill be debated at a special committee before it go to second reading. We really wanted a bill that would truly protect Canada's coastal communities and marine habitats. Unfortunately, the bill as written contains a great many flaws.

I would like to mention one that is very worrisome to the people of the Gulf of St. Lawrence: under the legislation, oil carriers will not be liable unless there is a spill of 10,000 tonnes of oil or more. People may be wondering how much 10,000 tonnes really is. We usually talk about barrels or use other ways to measure oil if there is ever a spill. However, in this bill, the figure is 10,000 tonnes. For anyone who is interested, 10,000 tonnes of oil is equal to 75,000 barrels. That is a mere fraction of how much oil a tanker transports.

Tankers in the Gulf of St. Lawrence currently transport 150,000 tonnes of oil, not 10,000. A spill of 150,000 tonnes would be devastating for the Gulf of St. Lawrence. Therefore, 10,000 tonnes is not enough. This bill does not go far enough to properly protect either Canada's marine areas or the coastal communities that depend on the marine areas.

Take, for example, the Irving Whale oil tanker, which sank off the coast of the Magdalen Islands in 1970. The Irving Whale was carrying 800 tonnes of oil, compared to tankers today that carry 150,000 tonnes. Yet 800 tonnes were all it took for oil to continue washing up on the beaches of the Magdalen Islands today, 43 years later. Every year, oil from the Irving Whale washes ashore and we are still cleaning it up, even though there were only 800 tonnes.

Furthermore, the Exxon Valdez was carrying 40,000 tonnes of oil and the spill is still not completely cleaned up. In 1989, that was a huge amount. Today, oil tankers are not held responsible unless there is a spill of 10,000 tonnes or more. I repeat that we still have not finished cleaning up after the Exxon Valdez spill. That number—10,000 tonnes—is simply not enough.

I would like to talk more about some aspects of the bill. An oil company will not be held responsible unless the spilled oil amounts to 10,000 tonnes. Only then will the company be responsible for cleaning up the mess or for paying into the compensation fund set up to deal with spills.

I would like to point out something about the ship-source oil pollution fund.

In March 2013, the fund was at $400 million. After the Gulf of Mexico oil spill, the cleanup cost $40 billion, but the fund is at $400 million today.

The legislation leads oil companies to believe that, if the spill is more than 10,000 tonnes and they pay the required money into the compensation fund, they have nothing to worry about because someone else will clean up the mess.

That is all well and good, but the Commissioner of the Environment and Sustainable Development indicated that the coast guard does not have the capacity to clean up after a spill. That is what the commissioner said in his last report, before his position was eliminated by the Conservatives, in their rush to eliminate environmental protection in Canada.

As my colleague recently wrote, we do not have the capacity to deal with these oil spills. According to the report by the Commissioner of the Environment and Sustainable Development, on the west coast our capacity is limited and on the east coast it is inadequate. On the north coast, the east coast and to some extent in the west, winter is inescapable. I do not think there is any technology that makes it possible to clean up an oil spill in icy ocean waters. I think that the Conservatives will probably propose a method during the debate in committee and perhaps even before then. I would be very interested in learning more about it, but right now we do not have the capacity to clean up such an oil spill.

In his latest report, the Commissioner of the Environment and Sustainable Development warned us that we are unable to clean up a major oil spill. He emphasized that marine oil exploration and development is bound to increase in Canada, and it is coming soon. We must ask ourselves the following questions. Do we have the technology to do it? Can we do it successfully? We cannot jeopardize the industries that are already there.

Because of the tourism industry and the fishery, which has suffered enormously since the 1990s, we cannot afford an oil spill in the Gulf of St. Lawrence. We would not be able to clean it up.

Even if a company is able to compensate the compensation fund, the question remains: What should be done with the oil in the ocean? Spills have to be cleaned up.

The bill proposes that, if the coast guard is not able to clean up the oil spill, response organizations should be invited to do so. Subcontracts would be awarded to non-governmental organizations. Which non-governmental organizations are those? Who has this capacity? Throwing money at a problem is not enough; action has to be taken and the spill has to be cleaned up, but no one has the capacity to do it. Someone has to take the time to conduct a realistic assessment of action to be taken in the worst-case scenario, what to do if a spill occurs. It is completely predictable: there will certainly be another oil spill. It is not just a theoretical issue, because oil spills are highly predictable. Unfortunately, we are not able to clean them up.

I would like to invite all members of Parliament to think about the following. What will the coastal communities that depend on Canada's environment and marine areas do if their beaches are soiled with oil? What about fish habitats, and what will they generate if they are also covered with oil? We have often seen pictures of birds caught in oil spills; cleaning them up is not possible. This bill will not make that any more possible.

I hope all the members in this House will give this serious consideration. Do coastal communities and coastal areas in Canada deserve the government's protection? I hope that the answer is yes and I hope that it means this bill will be greatly improved.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, I am pleased to finish off my comments on Bill C-3, 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.

To put the debate in context, the last time I spoke to this bill, I talked about the fact that while the Marine Liability Act amendments are important, they are really not what we are looking for from the government in terms of the protection of marine areas. Liability implies problems; it implies accidents.

We are looking for regulations, enforcement, and investments in coast guards around this country to prevent and alleviate accidents before they happen. We want to ensure that what we are doing in our marine areas is the very safest for Canadians and for the protection of the environment, people, and property. Those are things that come first. Liability is important, but it simply does not give the protections we are looking for.

In its past budgets, the government has cut coast guard stations, including the coast guard station in my riding, in Inuvik. The station that was in place for many years has now been removed. We do not have a coast guard response capability in Inuvik.

There are companies looking at investing hundreds of millions of dollars in offshore oil and gas drilling in this region. The same thing is occurring in the Alaska region. We have no capacity for oil spill remediation. That does not exist for the Arctic to any degree. In fact, the ability of anyone to extract oil from ice covered waters has not yet been proven to the satisfaction of those who look into these matters. We are making the area more hazardous through less investment in infrastructure in that region, and that is a problem, moving forward.

The Conservatives have said over and over again that they are interested in exploiting the resources of the Arctic. They want to move ahead with economic development in the Arctic. They want to see the wealth of the Arctic being exploited.

Let us start with taking care of the Arctic by making sure that the regulations for shipping are in place and that we are conducting ourselves by investing in infrastructure that can deal with the issues that come forward in the future. Surely as we increase the risk for companies working in an area, we should respond with the kind of protection that can reduce the liability from people who may suffer from accidents, because we would have some way of dealing with the accidents. That is not the case now.

There are cruise ships moving through the Arctic. If we have a problem in the Arctic with a cruise ship, we have no way to deal with it. We have increased traffic through the Northwest Passage, a passage that has never been charted properly. We do not know where the rocks are, and we are putting ships through there now. When will the accidents happen? It will be soon enough. What will liability do to protect the environment? What will liability mean to the people of the Arctic?

The House resumed from October 21 consideration of the motion that Bill C-3, 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, be read the second time and referred to a committee.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, it is the custom in the response to this question to actually answer about the business of the House. That is what I will focus on, rather than the business of our party convention, which I am sure will be a very successful conference. Good things always happen when we get together as a party.

We will conclude this week with the debate on second reading of Bill C-5, the offshore health and safety act.

Next week we will focus on families and building our communities. Families are the cornerstone of society. Over the coming weeks and months, our government will continue to support and protect families through a number of important bills.

We will continue to tackle crime, increase support for victims, and ensure communities are kept safe from criminals. We want Canadians to live in safe and healthy communities in which they can raise their children.

Therefore, on Monday, before question period, we will resume the second reading debate on Bill C-2, the respect for communities act. That debate will be continued next Friday.

After question period Monday, we will take up the second reading debate on Bill C-3, the safeguarding Canada's seas and skies act.

Wednesday will see us return to the third reading debate on Bill C-7, the Canadian museum of history act.

Thursday, November 5 shall be the second allotted day, which will go to the Liberals, I understand. This will be an opportunity for the hon. member for Papineau to tell us, and all Canadians, the next plank of his policy vision for Canada. So far, we have seen his penchant for pot, as well as his star economic adviser claiming that someone's job prospects are pre-determined by his father's job. However, we have not heard any economic ideas as yet.

Thursday, November 7, shall be the third allotted day, which will see a New Democratic motion considered.

In closing, let me echo the words of the hon. member for Pickering—Scarborough East, which I know he scripted himself: happy Halloween.

Supertankers

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I have the honour to rise today to present two petitions.

The first petition is about the supertankers that are threatening British Columbia's coastline.

The petitioners are from Vancouver and Victoria. The petition is appropriate as we debate Bill C-3 today that pretends to talk about a way to protect our coastline.

The most effective way would be, as these petitioners request, the continuation of the federal-provincial moratorium against supertanker oil traffic, which has been in place since 1972.

Safeguarding Canada's Seas and Skies Act

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I thank my hon. friend for his thorough review of Bill C-3. Had the Prime Minister not prorogued, the bill probably would have been passed already. It is largely made up of inconsequential and non-controversial measures but they certainly would not achieve the much vaunted rhetoric that flows along with them.

My hon. colleague quite accurately described the legislation as somewhat incoherent in relation to these issues. Does he think we might have done better by taking the recommendations of the environment commissioner on the thematic purpose of where the gaps are in our transportation of hazardous goods, whether by rail, air, pipeline, tanker or by road and truck? Should we have taken those recommendations and looked at all the ways hazardous goods are transported in Canada? Are we addressing whether this are being done safely, whether municipalities have access to information that they should have about what materials are running through communities, and ensuring that the entire scheme of the transport of hazardous goods is addressed?

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, it is an honour to rise today to speak to Bill C-3 which is the follow-up bill to Bill C-57 from the last session of this House, which has not passed by now, in part, because the House was prorogued for an unusually long period of time. It is unfortunate, because I think we would have dispatched this legislation much more efficiently had we been sitting here.

In many respects, what we are seeing in the bill is a piecemeal or what I might even describe as an incoherent approach to transportation safety policy in Canada. Small things are trickling out in dribs and drabs without a comprehensive approach to transportation safety in the country to deal with the important issues that have been raised, by many speakers, on marine transportation, rail transportation, passenger safety, and beyond, of course.

The bill is mostly about technical amendments, and the Liberal Party of Canada will be supporting sending the bill to committee.

It has different parts. Part 1, enacting the aviation industry indemnity act, would allow aviation participants, in the event of loss or damage, to deal with what are called “war risks”. This flows from the attacks in the United States on September 11, 2001, when insurance companies stopped offering air carriers liability insurance for what are typically called war risks. That is part 1 of the bill. I am looking to hearing more about it at committee.

Part 2 amends the Aeronautics Act to establish a new procedure for investigating accidents or incidents involving civilians and military aircraft. Again, for clauses 10 to 26, I am looking forward to seeing more evidence to substantiate the new process in the Aeronautics Act that will allow for investigation of accidents that involve civilians and military aircraft or installations. That will be important to go through.

Part 3 amends the Canada Marine Act in relation to the effective date of the appointment of a director of a port authority. That is more or less standard fare. It is very much housekeeping.

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. This effectively provides for the liability of ship owners and operators for damage caused by pollutants. In particular, it finally implements in Canada the liability scheme established pretty much elsewhere internationally by the several international conventions that are already in place.

We are making progress in terms of these small amendments.

Finally, part 5 amends the Canada Shipping Act to introduce new requirements for operators of oil handling facilities, ostensibly, the governments says, to help produce a world-class tanker safety system. I cannot help but be struck by “world-class tanker safety system”, when the government rushed through licences in the Beaufort Sea, with full knowledge that there is no technology to deal with potential spills should there be one in that most fragile Canadian sea.

Let us turn to the overall context within which I think this bill has been presented and what is happening out there among Canadians.

First, the Lac-Mégantic tragedy shook the country. Obviously, it affected Quebeckers, the people of Lac-Mégantic and their families. This tragedy, which still weighs heavy on the minds of Canadians, stunned us and affected us deeply.

We had also a bus-train collision here in the city of Ottawa. We had a derailment in Calgary, which Mayor Nenshi spoke of some time ago, and of course, we had the derailment over the weekend in Gainford, Alberta. There are so many more instances of rail safety questions.

The bill is being deposited at a time when we are debating pipelines. We are debating pipelines heading west, the gateway pipeline. We are debating pipelines heading south, the Keystone pipeline, and of course there is the question of Line 9, reversing the flow of a pipeline between Sarnia and Montreal to provide more feedstock for eastern Canadian refineries.

I would pause for a moment and say that I think the government has seriously compromised Canada's reputation with respect to its dealings on the Keystone pipeline. It has, in fact, weakened us. For that matter, to a certain extent, it has even weakened the democratic presidency of President Obama by actually not working with American congressional leaders and the President's office to show that Canada is serious about climate change. Because we have been delaying, denying, dragging our feet, making up stories, and hitching our wagon to President Obama, and at other points to somebody else or to some other factor, Canada is now very much behind the eight ball. When it comes to Washington, and, I can certainly confirm from international experience, elsewhere, Canada is now considered to be a pariah on the climate change file. In a sense, this is how the Prime Minister has seriously compromised our reputation in Washington and has put the Keystone pipeline very much at risk.

As I said, Canadians are very concerned about a few things. They see these instances on television and read about them in the newspapers. They are very concerned about passenger safety, community safety, and marine safety, of course. They are concerned about the transport of dangerous substances and what is happening in their local municipalities with trains running in and out. They are very concerned about environmental protection. One of the least well-known fallout effects of the Lac Mégantic tragedy is the fact that it is going to take decades, and probably hundreds of million if not billions of dollars to clean up the affected watershed in that region. That is something we let slip, to a certain extent, in coverage outside Quebec.

Another factor at play, of course, is that there is a trend toward moving more and more oil in Canada by rail. This is worthy of exploring so that Canadians understand what is happening. There are important fundamental questions about our aging Canadian rail infrastructure. There are important questions being raised about the types of railcars that have been used, both in Canada and the United States, for decades and their safety and engineering standards, for example.

Why is there such a trend toward moving more and more oil in Canada by rail? The first reason is that North American oil production is outpacing pipeline capacity. For example, rail shipments of oil to our coastal refineries or export centres have gone from about 6,000 train carloads in 2009 to almost 14,000 carloads this year. That is a massive and significant increase in moving oil by rail. We have seen a concomitant investment by the railway companies in new cars and new capacity to carry more oil, of course, because they want an ever-increasing share of that market opportunity, as one would expect from a private company.

The second reason we are seeing more oil carried by rail is that, as I mentioned, railways want to increase their market share. They have seized upon an opportunity here, because shipping oil by rail as a substitute idea is being encouraged by the Conservatives as a way to circumvent the approval processes, which they often have been weakening or undermining, whether it is the NEB or environmental assessment. We know that this is the case. We have seen it. It has been happening now for years. They are also trying, in certain quarters, to circumvent strong or ferocious opposition to different ideas being put forward by industrial proponents. That is having another effect. It is another force at play that is driving oil onto our railways.

The third factor is that there is enormous pressure on our infrastructure, and I alluded to this, for both rail and pipeline. Even if all current pipeline projects are approved in Canada, oil production will exceed pipeline capacity by one million barrels a day by 2025. That is, in 12 short years we will exceed our pipeline capacity by one million barrels a day.

The first thing I thought of when I came face to face with this statistic was to reflect on the words of the former premier of Alberta Peter Lougheed who asked some very probative and profound questions about the pace of development in our oil sands, whether or not we were having an adult conversation about that pace, whether the effects in the immediate areas were going to be properly mitigated, and so on and so forth. We see that there is a massive push and rush to increase capacity in terms of oil production but not the infrastructure to deal with it.

On that note, pressure on rail, of course, is coming from a plan of doubling oil sands exploitation over the next decade or so. The pressure is also coming from the 10 to 12-year life span of the very huge Bakken shale gas formation in both North Dakota and Montana. There we are seeing an oil and gas field that is presently producing some 700,000 barrels of oil a day. Now, the estimates are that would last for 10 to 12 years with production rising from 700,000 to one million barrels a day.

Interestingly, the light crude on board the Montreal, Maine and Atlantic Railway that exploded in Lac-Mégantic came from this area, the Bakken shale gas formation, on route to an Irving Oil refinery in Saint John, New Brunswick. Bakken, as a project does not lend itself, say the energy economists, to a pipeline because it is not economic. It takes some 50 years for a pipeline to be judged to be economic, to pay for itself, and this, as I mentioned, has a 10 to 12-year remaining shelf life in terms of exploitation of the gas and oil in that particular reserve.

Another important question at play in context as the bill is brought to the floor is the following.

There are some very serious and legitimate questions being raised with respect to the enforcement of railway safety by Transport Canada. Nowhere is this more evident than in the safety management systems, SMSs, which rail companies are required to produce and abide by. For that matter, different companies involved and regulated by Transport Canada also have safety management systems; airlines, for example. However, these safety management systems are not rendered public. They are not made available or disclosed to interested parties, such as stakeholders, flying passengers, company executives, folks who work on railways, people who are in the business of insuring railways and the shipment of these risky products. These safety management systems are not disclosed.

I think we can do a lot better than that in terms of the probity and transparency that Canadians are asking for and deserve going forward.

Transport Canada, once these safety management systems are put in place, then perform audits on a company's SMS. However, for the audits on railways, and the same thing applies with pipeline companies, there is no requirement for an explicit, what we might call, safety culture assessment. An auditor can go in and audit against a document and spot check. However, that does not necessarily mean that there is an explicit requirement for the auditors and inspectors to sit down with senior managers, interview employees, deal with suppliers, talk to other regulators at the provincial level for railways that do not cross provincial boundaries, and so on and so forth.

We can do a lot better with respect to these safety management systems in making them more transparent. I think that transparency shining the light of day on these management systems would help improve them.

I have also heard from a number of inspectors who are retired from Transport Canada or presently working within Transport Canada. They are deeply concerned about the capacity of Transport Canada to perform these audits on safety management systems on a number of fronts, whether it is marine shipping, airlines, railways and beyond.

There are very troubling questions being raised by these inspectors who are good people, of good faith and goodwill, who go to work every day and try to do their jobs, but are now feeling the pinch as they try to cover so many different regulated companies and do not have the capacity to do so. That is something we are going to have to explore in a much more meaningful way at committee in due course, whether it is with respect to the bill or with respect to the promised, deep railway-safety study that the committee was supposed to undertake this fall in the wake of early findings from the Transportation Safety Board in terms of its learnings derived from the tragedy at Lac-Mégantic.

Shifting gears a bit, in some respects the bill would address the liability question but only tangentially, as I mentioned earlier. There are lingering questions. Most Canadians, once they are over the shock of something as dramatic as a bus in this city, here in my backyard just outside my riding, colliding with a train where citizens are killed, or 47 of their fellow citizens having died in Lac-Mégantic, then questions around who is responsible come to the fore. Here is where we as parliamentarians are going to have to examine very carefully the whole question of liability. Who is responsible for the liability, the costs? Who is responsible for indemnifying, for example, the Town of Lac-Mégantic? Who is responsible for helping the families of the victims, those who may be disabled in an accident and those who feel the effects on their human health, perhaps? Who is responsible with respect to spills at sea? Who is responsible for spills on land and environmental cleanup costs? I alluded to that earlier with respect to Lac-Mégantic.

We have seen what happened with a major spill on the Kalamazoo River in Michigan in the United States. We have seen what the National Transportation Safety Board has said about that in the United States which, in parentheses, concerns me because that NTSB evidence is not being heard at the National Energy Board in Canada as Enbridge makes applications for different kinds of pipeline projects. I believe that we should be examining global practice. What has happened in one jurisdiction is something we should be learning from in this jurisdiction, and vice versa.

When our Canadian Transportation Safety Board issues a report eventually and finally on Lac-Mégantic and that terrible tragedy, there will be many findings that are capable of being extrapolated to other countries and locations. I do not know why the Conservatives have closed and narrowed the evidentiary acceptability gap, if I can call it that, at the National Energy Board to the point where the findings of the NTSB in Washington are not being factored into applications being made by a proponent in Canada. It just makes no sense. Most corporations today, as they work hard to earn their social licence, want to be able to have a global code and standard of practice and drive it up everywhere together, roughly at the same time and in the same way.

We have a lot of questions with respect to who is responsible and who is liable.

I had a constituent write to me recently and ask whether liability should extend here to the company that was actually importing the oil, and in this case, whether the Irving Oil refinery is responsible in part. Should it have some fiduciary responsibility? That is an important question for us to examine.

We need a comprehensive approach going forward. It is a wonderful opportunity for parliamentarians to get it better for Canadians. There is fear in Canadian society. We have an obligation to assuage that fear by doing good and better work. I am concerned about what the Auditor General concluded in a report in 2011, which stated that, “Transport Canada has not designed and implemented the management practices needed to effectively monitor regulatory compliance” with respect to the transportation of dangerous goods as set out by the department.

We can do better than that. We owe it to Canadians. We owe it to our companies. We owe it to shippers. We owe it to all the folks out there with good faith and goodwill who want to ensure we actually do better and do right by Canadians.

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, first of all I would like to congratulate my colleague on his excellent speech. He clearly explained the Conservatives' very disturbing approach to protecting coastal areas, among other things.

The Conservatives also decided to close the Quebec City maritime search and rescue centre, the only bilingual centre in Canada. Unfortunately, that truly terrible decision could endanger lives, but it is in keeping with the Conservatives' approach since coming to power.

I would like to ask my colleague if he could tell us a little more about the changes that the NDP would like to make to Bill C-3 in order to take a different approach than that of the Conservatives to protecting our coastal areas.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, this is an extremely important debate. This is not an academic debate. This is a debate that really strikes at the heart of issues that Canadians are living from coast to coast to coast, and the issue is transportation safety. We have seen over the last few months an unprecedented number of accidents and deaths, and I would attest that there is a growing level of public concern right across this country about the actions of the Conservative government that have led to a deterioration in transportation safety.

We welcome the new minister here. Hopefully this will be a big change, a turning of the page, from what has been a series of profoundly irresponsible actions. The reality is that the Conservative government has to take transportation safety seriously; it has not, and in fact has done the opposite: it has cut back on the fundamental safety systems that Canadians have relied on in the past to protect them.

There are some small baby steps in Bill C-3 that we will of course support. There are some housekeeping items that are long overdue. However, the reality is that the legislation would do nothing to change the fundamental framework that has been put in place by the government and that has put so many Canadians at risk.

I will be speaking later to some of the other modes of transportation safety that have been sadly eroded. We are all aware of the tragic and profoundly sad circumstances that we have seen over the past few months in rail transport safety. We are aware of the increasing number of pipeline spills across the country because of the irresponsibility of the Conservative government. However, I would like to address just for a moment the whole question of marine safety.

For 30 years British Columbians have protected the coast of British Columbia by putting in place a tanker moratorium on the north coast. That is why there has been a good safety record. It is not because of the actions of the current government or the actions of any other government; it is because provincially and federally British Columbians said very strongly that we did not want to see tankers thrown willy-nilly around the coast of British Columbia. That is why British Columbia's coast has been protected.

Now the government is pushing to eliminate that respected moratorium and is pushing a number of projects that undoubtedly will lead to increased tanker traffic on British Columbia's coast if they go through.

The question then is this: what is the government's credibility on issues of marine safety? I would submit to the House that if we look at the record of the government and what it has done over the past couple of years, we see that it has done more harm to the coast of British Columbia, more potential harm to British Columbia's pristine coast and the tens of thousands of jobs that rely on B.C.'s coast being pristine, than any other government in our history.

Let us look at the record.

Just in the last few months we have seen the closure of the Kitsilano Coast Guard station. The member for New Westminster—Coquitlam has been a strong advocate on this issue. He has risen in the House of Commons to speak repeatedly on this issue, but he is not the only one. New Democratic MPs from British Columbia have risen repeatedly to speak on this issue. I myself have spoken on it. The member for Vancouver East has spoken on it. The member for Burnaby—Douglas, the member for Newton—North Delta, the member for Surrey North, the member for Vancouver Kingsway, the member for Nanaimo—Cowichan, and the member for Esquimalt—Juan de Fuca have all spoken on this issue. We have seen NDP MPs from British Columbia repeatedly raise this issue, the member for New Westminster—Coquitlam being the most forthright.

Despite the fact that parliamentarians have raised this issue, despite the fact that the provincial government raised it, despite the fact that municipalities such as the City of Vancouver have raised it repeatedly, the Conservative government said it was going to close off the Coast Guard station and did not care if people were put at risk.

This is profoundly irresponsible. If it were just perhaps that one Coast Guard station, rather than a pattern, then perhaps we could say there was some justification, but there are a lot of expenses by the Conservative government that I profoundly disagree with. They include flying limousines around the world, the tens of billions of dollars that it wants to throw into an untendered fighter jet contract, a billion dollars for a weekend meeting, $16 glasses of orange juice. Speaking as a former financial administrator, I can say that Conservative financial management is an oxymoron. The government has been absolutely appalling when it comes to financial management. It is beyond comprehension.

Even if the Conservatives could justify the closure of the Coast Guard station, let us look at what else they have closed, which has been a repeated slap in the face to British Columbians and all those concerned with the safety of our coasts and the tens of thousands of jobs in fisheries and tourism that come from having a pristine coast. They also closed the Marine Communications and Traffic Services Centre, which helped to facilitate and ensure safe transportation on the coast. They said we do not need that; let us throw it out.

Then the Conservatives decided to close the B.C. office for emergency oil spill responders. Conservatives will say there is a 1-800 number for an oil spill off the coast of British Columbia. It goes to some desk in Ottawa, but British Columbians need an immediate response. We need to feel safe about our coast, not with a 1-800 number going back to Ottawa that no one ever answers. That is the Conservatives' attempt to provide some damage control.

What else did they do? They actually closed a whole system of environmental emergency programs as well. This has been a systematic pattern of shutting down the safety mechanisms that were present on the coast of British Columbia. What they have done is simply to put British Columbia's whole coast at risk.

The then minister of natural resources decided that he would do a press conference in Vancouver to address the concerns raised by British Columbians throughout the province. It would show British Columbians just how good the Conservative government is at marine safety. He did his press conference. He even brought a rescue ship across the Salish Sea from Victoria. What happened? The rescue ship ran aground.

It just proves the point that we cannot trust Conservatives with the safety of the B.C. coast. However, we can trust New Democrats, and that is what British Columbians will do in 2015. That is for sure.

The Conservatives have shut down all of this. They had a debacle of a press conference that proved our point that transportation safety was being undermined. To date, although we have a new minister who we hope will address all the concerns being raised by British Columbians, we have not seen the fundamental problem being addressed.

When we look at the small steps in Bill C-3 that address in a housekeeping way some of the small things that obviously the Conservatives wanted to bring forward as a package to say they are saving the coast, we remain skeptical, although we certainly support the baby-step measures that are contained in it.

However, let us be clear about what the bottom line is for us. We believe that the Coast Guard closures need to be addressed, and that process can start by reopening the Kitsilano Coast Guard station. It would respond to the concerns raised for British Columbia. We would like the Conservatives to reopen the marine traffic communication centre in Vancouver. That would start to address issues of safety concerns along the coast of British Columbia. We would like them to reopen the B.C. office for emergency oil spills. They can keep their 1-800 line, but let us have people who can respond to oil spills in British Columbia. If they do that, it would start to restore some of the confidence that we have completely lost in the Conservative government.

We proposed all of that. Just a few months ago the official opposition, the NDP, sent a letter to the transport minister and said that we support the tiny steps contained in their legislation. We disagreed with the title of the “safe coasts”. They must be kidding. After all the Conservatives have done, they simply are not guaranteeing safe coasts in any way, shape, or form. We said they should start including these elements in the legislation, and then we would actually have legislation that would help to address public confidence.

That is what we have put forward. The Conservatives have steadfastly refused thus far, but we are going to take this issue into committee and will be offering these kinds of positive amendments on behalf of British Columbians.

We certainly hope that B.C. Conservative MPs will step up to the plate and help support British Columbians, that they will step forward and say, “For goodness sake, there is a fundamental problem here. British Columbians have completely lost confidence in the government on marine safety, so we will address that by voting for the NDP amendment”. That is what we are hoping to see. We can support this on second reading to bring it forward, but let us see some action from the government. Let us see some positive action that actually addresses the concerns that British Columbians are raising.

With Bill C-3, there is no doubt that we see the Conservatives spinning around the northern gateway pipeline. The northern gateway pipeline has been shown, in poll after poll, that 80% of British Columbians reject it. They reject it because they are concerned about destroying the moratorium for tankers on the north coast. They are concerned about the lack of tanker safety. They are concerned about what the impact will be with the potential loss of thousands of jobs in the tourism and fisheries sectors. There are thousands of British Columbians who depend on a pristine coast. They are concerned about all that, and they have raised it repeatedly.

A few weeks ago, my wife and I went to see a movie in Coquitlam, which is next to Burnaby—New Westminster. I am looking at the member for New Westminster—Coquitlam because I want to acknowledge that we are spending some money in his riding. Before the film came on, there was a paid advertisement from Enbridge for the northern gateway pipeline. This was a non-partisan movie crowd. We were all there to see the movie. We were not there as New Democrats, Conservatives, Liberals or people from any other political background. We were British Columbians who were out to see a movie, and Enbridge put on the ad. What was the reaction of the crowd? There were round boos. People were throwing popcorn at the screen. That shows the extent to which British Columbians reject the northern gateway pipeline. There will be 104 full-time, on-site positions created, but thousands of jobs are threatened by the northern gateway pipeline. That is why communities along the right of way, and British Columbians generally, have said no.

For the Conservative government to put forward Bill C-3 today, hoping that somehow that will change British Columbians minds about a project that does not provide any economic or environmental advantage, is simply wrong-headed. In fact, it will do the opposite. It threatens our environment and our economy. For the government to think that Bill C-3 will address those concerns is simply wrong.

British Columbians feel profoundly strong about our coast. Many of us gain our living from the coast. We will not accept a Conservative government that tries to ram through a project when it has so many negative environmental and economic repercussions.

For the Conservatives to think they can ram this project through is simply wrong-headed. I have said this publicly outside the House, and I will say it in the House as well. If the Conservative government tries to ram through the northern gateway pipeline over the objections of first nations, the communities and British Columbians, there will not be a single safe seat for the Conservative Party in British Columbia in the 2015 election. I can guarantee that. British Columbians will say no to the Conservative agenda, and they will say yes to having strong New Democrats representing British Columbia in the House of Commons.

With only a few minutes left, I want to touch on the other concerns that have been raised by Canadians across this country in regard to transportation safety. I am the energy and natural resources critic. My work as a former refinery worker is part of what I bring to that job. I have been in situations where, with an oxygen tank, I was cleaning out the oil drums at the Shelburn refinery in Burnaby, British Columbia. The reality is, I have a very healthy respect for the impact of petroleum products. They are very dangerous and they have to be handled carefully. I do not see the same due regard for safety being applied by Conservatives.

We see that in terms of pipeline safety. We have seen a clear deterioration in pipeline safety over the last few years on the Conservatives' watch. We have seen this in the number of pipeline spills, which have increased exponentially, by almost 200% over the last few years. That should bring cause to concern for any government that is concerned about safety measures. We are talking about marine safety, and the government is bringing forward very small baby steps. The concerns about pipeline safety are now front and centre, yet the government is doing nothing to address them.

This is a substance that we have to be very careful with. It kills. It destroys. There has to be a very strong and reinforced investigation and inspection process. We have to make sure, at all times, that we have the best safety equipment possible. That has not been the case with pipelines. It has not been the case with any sort of oil spill response. In fact, an audit that came at the beginning of the summer found that in 83% of the cases, oil spill response equipment is out of date. We see a situation where there is “a number of significant deficiencies in the program's preparedness capability”.

Whether we are talking about marine safety or pipeline safety, very serious concerns have been raised by Canadians. We are all aware of what has transpired over the last few months. There was the profoundly saddening tragedy in Lac-Mégantic. We have just seen the tragedy in Alberta. There have been various communities in the last few months that have been impacted in terms of rail transportation safety. I am not just talking about Gainford and Lac-Mégantic; I am talking about Sexsmith, Brampton, Calgary, Landis, Ottawa, Lloydminster, Gogama, Wanup, Okotoks and Jansen. We are talking about communities that have been impacted just in the last few months by the lack of serious regard for safety in the transportation sector.

These are unprecedented accidents that we have seen, and they are multiplying. We are seeing a government that simply does not have the due regard for safety that is required of any responsible government.

I have asked before, and I will ask the new Minister of Transport, that the Conservatives reverse all of the cuts, the irresponsible actions and the gutting of safety in the transportation sector. Whether we were talking about marine safety, pipeline safety or rail safety, they are all linked.

The official opposition has brought forward very constructive ideas. The NDP has said that there are things we could do now. Our transport critic, the member for Trinity—Spadina, brought forward a whole series of recommendations after the appalling tragedy in Lac-Mégantic. The government has not implemented them. We have brought forward a whole series of recommendations on marine safety. The government has refused to implement them. We have raised concerns about the lack of pipeline safety. The government has refused to act.

We are doing this on behalf of the populations of Canada. We are doing it on behalf of all of the communities that are suffering from the lack of due diligence and responsibility by the Conservative government. We have never seen a government that has been so reckless and irresponsible with our nation's public safety. We have seen an increase in the number of fatalities and incidents in a whole series of sectors.

Canadians want to see a change from the government. They want it to be responsible with the public's safety. If the government chooses to continue its reckless path, not only is it saddening and a tragedy, it also means that in 2015 New Democrats will be stepping forward with a safety agenda that we believe Canadians will support.

We ask the Conservatives to do the right thing. If they do not, we will. That rendezvous is in 2015.

[Lisa Raitt, Conservative, Minister of Transport]

moved that Bill C-3, 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, be read the second time and referred to a committee.

Mr. Speaker, I am very pleased to rise to speak to the importance of safeguarding Canada's seas and skies act. This proposed legislation focuses on five key initiatives. The first, amendments to the Canada Shipping Act, 2001; the second, amendments to the Marine Liability Act; the third, amendments to the Canada Marine Act; the fourth, amendments to the Aviation Industry Indemnity Act; and fifth, amendments to the Aeronautics Act.

The question, of course, is why are all these initiatives important. They are important because they support a number of things. They support our Conservative government's commitment to provide long-term economic growth, jobs and prosperity. They support our red tape reduction action plan, which will save businesses time and money, and will make government regulations clearer and more predictable. It also supports our government's plan for responsible resource development to ensure timely and efficient reviews of proposed resource projects, while strengthening world-class environmental standards.

Finally, it supports the economic action plan 2012, which focused on the drivers of growth and job creation: innovation, investment, education, skills and communities.

The economic action plan is giving Canada the ability to meet the challenges of the current global economy, to emerge from this period stronger, and to enable our economy and public finances to remain sustainable for many years to come. Our government is committed to achieving these goals without compromising the health, safety or security of Canadians or our environment. These initiatives help to support our transportation system. They also contribute to Canada's competitiveness and prosperity.

Let me start by discussing the proposed amendments to the Canada Shipping Act, 2001. This is the act that is the principal legislation that governs safety and protection of the environment in marine transportation and in recreational boating. It applies to Canadian vessels in all waters, and it applies to all vessels in Canadian waters.

The objectives of this act include protecting the marine environment, reducing the impact of marine pollution incidents in Canadian waters, and ensuring the safety of the general public. The amendments our government is proposing today would increase marine environmental protection by strengthening provisions pertaining to pollution prevention and response. To accomplish these objectives the amendments aim to strengthen requirements for spill prevention and preparedness at oil handling facilities by requiring that certain facilities submit both prevention and emergency plans to the Minister of Transport.

The current act requires all oil handling facilities to prepare oil pollution prevention and emergency plans to meet the requirements of the regulations, and to have these plans on site. Through on-site inspections, Transport Canada monitors the compliance of these facilities. However, the current legislation needs to be strengthened with regard to facilities notifying the minister of their operations and submitting their pollution prevention and emergency plans, as well as notices of proposed major expansions or conversions of their facilities. These amendments would require these facilities to submit plans to the Minister of Transport and to empower departmental inspectors to direct facility operators to demonstrate their compliance.

Second, the amendments allow use of a fair and effective regulatory tool, which we already have, to deal with contraventions of pollution prevention and spill response by expanding the administrative monetary penalty provisions of the Canada Shipping Act, 2001.

The current regime allows marine safety inspectors to impose monetary penalties on vessels or persons who do not comply with the act. The penalties can range between $250 and $25,000. This use of monetary penalties, however, does not apply to part 8 of the act, and that means it forces the department to prosecute regulatory infractions either through the court or through taking administrative actions, such as suspending the certification of non-compliant response organizations.

Both of these options are complex and potentially expensive. Extending the use of administrative monetary penalties to part 8 of the act allows marine safety inspectors, the people who are on the front lines, to issue penalties in cases where the act is violated. This change would provide us with a flexible enforcement tool that is more effective than the current practice.

Finally, the amendments would ensure Canada has the assistance needed to respond to oil spill incidents by extending civil and criminal immunity protection to the agents of certified Canadian response organizations.

The Canada Shipping Act, 2001 provides civil and criminal liability to certified response organizations responding to a ship-source oil spill or environmental emergency. However, the act does provide such immunity to these organizations if they are responding to spills that take place when a vessel is either loading or unloading at an oil handling facility. Consequently, these responders are reluctant to respond to such an incident.

The proposed amendments to the act would strengthen the oil spill response by extending this to certified response organizations so that if they were to respond to spills from a vessel or an oil handling facility during loading or unloading of oil, they would have immunity. These amendments to liability would also apply to the agents of the response organizations that have been requested by a certified Canadian response organization to assist in the cleanup of a spill.

Spill responders, including our international partners, tell us that they are reluctant to help in such emergencies without this sort of immunity. Given that the immediate response is crucial to minimize the impact of these such incidents, if we provide better assurance of immunity for these agents, the amendments would enhance Canada's access to international resources for spill response.

Canada and the United States have a long history of helping each other in times of distress, including responding together to oil spills and other environmental incidents involving our waterways. Although Canada does not rely solely upon the assistance of our American neighbours in such matters, we have been fortunate to have it. We expect that these amendments would ensure it for the future. It is worth noting that these proposed amendments would not change the partnership but it would build upon it. By introducing these proposed amendments to the Canada Shipping Act, 2001, our government is reiterating its commitment to ensure marine safety, to protect our marine environment, and to support the crucial role of shipping to Canada's trade and economy.

Last March, our government announced important measures, including the creation of tanker safety expert panel, to review Canada's current tanker safety system. The proposed amendments would complement the work of this expert panel. In addition, our government announced increased scientific research on non-conventional petroleum products and ensured a system of aids to navigation. The system of navigation is composed of buoys, lights and other devices to warn of obstructions as well as to mark the location of preferred shipping routes. Last, our government has also increased the number of inspections of all foreign tankers and increased funding for the national aerial surveillance program to keep a watchful eye on tankers moving through Canadian waters.

As part of our plan for responsible resource development, these measures would ensure that Canada has a world-class marine safety system that would prevent incidents, protect our environment and ensure the safety of Canadians. In this way, in the event of an environmental emergency, we would be ready to respond quickly and efficiently, and ensure that polluters would be responsible for paying cleanup costs.

The tanker safety review panel was mandated to consult with key stakeholders to enhance the government's knowledge of the current oil transportation system, point out gaps that we have to address, and manage impacts on the marine environment. As well, the tanker safety review panel launches an ongoing effort to ensure we lead the world in marine environment safety.

Let me now turn my attention to the very important amendments to the Marine Liability Act.

Protecting our waterways from pollution is a priority of our government and we take it very seriously. The potential for a chemical spill in Canadian waters requires appropriate mechanisms to responsibly address the potential consequences of such an event. Therefore, we will continue to take action to ensure Canada has the most stringent tanker safety regime in the world.

Given the importance of trade to Canada's continuing prosperity, we must recognize that this involves the transportation of hazardous and noxious substances. Indeed, almost 400 million metric tonnes of cargo carried by ships in Canada annually, which is really only 3.5%, would be considered hazardous or noxious substances.

These substances consist of a very broad range of marine cargo, such as chemicals, liquefied natural gas, propane or other materials. Now while it is only a small percentage, 3.5%, this wide variety of substances can cause an array of environmental damage should there be an accident or incident. Therefore, the Marine Liability Act, being the principal legislation we have to address this matter, deals with the liability of ship owners and operators in relation to passengers, cargo, pollution and property damage.

In building on our current robust system, the amendments that our government is proposing to the act will introduce a comprehensive liability and compensation regime that really is in step with our other international conventions that we have already ratified. This recognizes both the importance of uniform standards in the global transport of hazardous substances and the importance of such standards to Canada's trade and to its economic prosperity.

The amendments would accomplish two main objectives.

First, they would enhance our pollution liability and compensation regime, which would enable Canada to ratify an international convention that would significantly increase the amount of compensation available for pollution and other damages caused by hazardous and noxious substances from ships.

Second, the amendments would implement the provisions of the 2010 Hazardous and Noxious Substances Convention in Canadian law.

The amendments would accomplish these objectives in four ways: first, implement this convention in order to establish the liability of ship owners in the event of spills and their requirement to have insurance to cover this liability; second, set a legal framework for those affected by these incidents to access the international compensation fund; third, create a regulatory-making power to adopt regulations that would require reporting receipts of bulk hazardous and noxious substances in Canadian ports; fourth, reporting required by the convention to ensure levies would be paid to the international compensation fund, update an enforcement regime so ship owners must maintain proof of insurance through certificates issued by Transport Canada and the receivers of hazardous and noxious substances report receipt of such shipments.

To put these amendments to the Marine Liability Act in context, it is worth noting a few points.

First, the amendments provide comprehensive coverage for more than 6,500 hazardous substances being transported in Canada by ship and would ensure that the list of substances covered by the amendments would be continuously kept up to date.

Second, the amendments would establish a liability in the compensation regime for claimants that would be in step with other international conventions that Canada has ratified.

Finally, the amendments are in line with Canada's long-standing policy to seek multilateral solutions to issues of marine liability and compensation.

It is also worth noting that Transport Canada has worked in partnership with various stakeholders and industry associations on this matter. In our consultations with this broad range of stakeholders and associations, we have found strong support for Canada's ratification of the 2010 hazardous and noxious protocol and its implementation through these amendments to the Marine Liability Act.

To give an example, ship owners accept the liability these international conventions provide and cargo owners accept that they must do their part in contributing to international funds. Both parties want to ensure that victims are compensated in the event of an accident or incident.

I will turn from our seas to our skies now and discuss the Aviation Industry Indemnity Act.

As in the case of many sectors, the Canadian air industry requires insurance coverage to operate. In addition to general risks, this coverage must address risks for acts of war, terrorism, or civil unrest. Indeed, the attacks of September 11, 2011, caused instability in the insurance market, specifically for war risks to third parties; in other words, people and property on the ground which could be affected by aviation incidents.

In response, the Government of Canada developed a program to indemnify aviation businesses against liability they may face from third parties, such as property owners on the ground who experienced loss caused by extreme events such as war. This coverage is known as the “aviation war risk liability program”, and it has addressed the matter. However, without permanent authority to enable federal support related to war-risk insurance, it must be renewed repeatedly.

Therefore, our government is now proposing new legislation, the aviation industry indemnity act, that would repeal aviation-related provisions of the Marine and Aviation War Risks Act and give the Minister of Transport permanent authority to provide indemnities in emergency situations and allow air-industry operators to get coverage in the case of continuing market instability. In short, it would allow the same kind of coverage, but would eliminate the need to regularly renew it. As well, to ensure transparency, the minister would report to Parliament within 90 days of an indemnity being authorized and every two years if there was no change.

In discussions with Transport Canada, air industry participants have expressed strong support for continuing this kind of coverage.

Finally, the safeguarding Canada's seas and skies act also includes proposed amendments to the Aeronautics Act concerning civilian involvement in military aviation accident investigations. As members know, everyday the Canadian Forces successfully carries out numerous aviation activities from routine airlifts to search and rescue missions. However, sometimes these activities do not always go as planned, which is why the Canadian Forces has a Canadian Forces flight safety program. Therefore, if something goes wrong, military flight safety investigators look for the causes, interview witnesses and make recommendations to improve safety.

Over the past two decades, the nature of military aviation really has evolved. Today, the number of civilian contractors providing support to Canadian Forces aviation activities has increased significantly. Many tasks related to military aviation, including tasks with safety implications like flight training, strategic airlift, target towing and equipment maintenance, are carried out to one degree or another by civilian contractors. The civilian contractors actually possess a wealth of information and their evidence may very well be essential to a military flight safety investigation. Yet, while civilian contractors co-operate with such investigations in the vast majority of cases, there really is no effective legal tool to require them to do so. That is why the bill we are discussing is so important.

It would give our military flight safety investigators the tools they need to fully investigate flight safety occurrences involving civilians by giving them the power to search premises, seize documents and take statements. These tools are parallel to those available to the investigators working for the Transportation Safety Board which investigates aviation occurrences not related to military aviation safety. The changes would also permit access to on-board flight recordings by a board of inquiry convened under the National Defence Act. This access would only arise in the appropriate circumstances and for military administrative purposes only. Most important, these tools would ensure that civilians would contribute their expertise to military aviation safety. As a result, we would continue to develop effective aviation safety measures for all the Canadian Forces and all Canadians.

To conclude, as I noted at the start of my remarks, our Conservative government is committed to supporting the prosperity of Canadians by streamlining our regulatory agenda, but in ways that also ensure the safety of Canadians and our partners around the globe. While the legislative initiatives I have outlined today may appear to be mostly administrative in nature, they would go a long way to helping accomplish even broader goals. They address infrastructure matters that would affect Canada's trading relationship. They would fine-tune domestic regulations to reduce regulatory burden on various stakeholders. They would also create a more efficient inspection regime for marine vessels and improve safety and investigation procedures for our airline industry.

Our government remains focused on jobs, growth and long-term prosperity. These amendments highlight our commitment to maintaining Canada as a safe, strong and competitive player in the world economy and the global community.

[Leona Aglukkaq, Conservative, Nunavut, NU]

moved for leave to introduce Bill C-3, 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.

(Motions deemed adopted, bill read the first time and printed)