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

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Mr. Speaker, as I said, when the fund was set up in 1972, the NDP was for it. The idea was for companies to contribute to the fund so that Canadians would not have to cover the cost of a spill. A little later, in 1976, contributions to the fund ceased. Neither the Liberals nor the Conservatives continued to contribute to the fund to protect Canadians from spills.

In recent years, the Conservative government has made significant cuts to the Coast Guard in many places in British Columbia. There is no longer the same level of protection that existed from 1972 to 1974.

It is clear that, without government will to protect Canadians, we cannot move ahead with protective measures. We really need a progressive government that will make protecting Canadians a priority over protecting friends in the oil industry or the shipping industry. We really need a government that will implement the polluter pays principle. That is something the government could do to really protect Canadians.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I am wondering if the member could provide a response with regard to the whole issue of the aviation industry. The first part of the legislation deals with liability insurance for the aviation industry in the belief that there are situations in which a plane might go down because of a terrorist attack or something of that nature. The idea is that the government needs to do something to protect the industry.

What are the member's thoughts with regard to that aspect of the legislation?

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Mr. Speaker, when I was deputy critic of transport, a group of inspection agents visited my office and told me how the SMS systems that had been implemented by the Liberals and Conservatives were not properly protecting Canadians against air disasters. The deregulation of successive Liberal and Conservative governments has hurt aviation safety. The bill is a step in a good direction, but it must go much further.

[The Acting Speaker, Bruce Stanton]

Is the House ready for the question?

[Some hon. members]

Question.

[The Acting Speaker, Bruce Stanton]

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

[Some hon. members]

Agreed.

[The Acting Speaker, Bruce Stanton]

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

[Royal Galipeau, Conservative, Ottawa—Orléans, ON]

Mr. Speaker, in view of the agreeable nature of the House, I wonder if you might want to seek unanimous consent to see the clock at 5:38 p.m.?

[The Acting Speaker, Bruce Stanton]

Is that agreed?

[Some hon. members]

Agreed.