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

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, the hon. member did not have time to finish talking about how to improve the bill.

The NDP will support this bill because it is a step in the right direction, but we regret that the government has refused to expand the scope of the bill at the request of the NDP.

Can the hon. member tell us more about what the NDP is demanding with regard to the changes it would like to make to this bill to ensure that Canadians feel safer?

[Isabelle Morin, NDP, Notre-Dame-de-Grâce—Lachine, QC]

Mr. Speaker, I thank my colleague for her question.

It is true that I did not have time to mention all our recommendations and I hardly talked about the environment although the purpose of the bill is to improve the environment and to protect our seas and oceans.

Among other things, we would require the Canadian Coast Guard to work with its American counterparts and conduct a parallel study to examine the risks resulting from additional tanker traffic in Canadian waters. We know how many tankers are in our Canadian waters, so it is absolutely crucial to use this bill before us to improve the situation. I would point out that many people and groups support our positions.

I would like to end with a short quote. Federal Commissioner of the Environment Scott Vaughan stated that, even with the Kitsilano Coast Guard resources, a Suezmax-type supertanker, carrying between one and two million barrels of crude oil, “significantly exceeds Transport Canada's spill-response thresholds”. When our Commissioner of the Environment says that, we must ask ourselves some serious questions.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I am very pleased to speak to this bill, especially since transportation safety affects the residents of La Pointe-de-l'Île a great deal.

In my constituency, trains carry hazardous materials into the heart of Montreal. My constituency also has refineries and petrochemical industries. It is therefore very important for the residents of La Pointe-de-l'Île to know that they are safe and that they can count on their government to put the strictest measures and the tightest regulations in place so that disasters such as the one in Lac-Mégantic, or the oil spill in the Gulf of Mexico, do not happen again.

Today, during question period, two of my colleagues asked questions about a spill in Athabaska. I therefore feel that the debate we are having today is very important, so that Canadians can feel safe. Serious accidents are happening more and more frequently. People have unfortunately lost loved ones. I think it is extremely important for Canadians watching these debates on television to be able to say that they can finally count on the government and on Parliament to keep them safe in their homes.

That brings me to my second point. As I said, the NDP is going to support this bill because it is a step in the right direction. The bill contains a number of positive features, such as the requirements for piloting and for surveillance. We might also mention the increased safety of oil tankers and especially the toughening of reviews, inspections and aerial surveillance. Unfortunately, this small step in the right direction will hardly improve safety at all. It is also very weak in light of the dangers that have resulted from all the cuts that the Conservatives have announced in their budgets since their majority government came to power in 2011. Yes, it is a step in the right direction, but we are faced with years of neglect in transportation safety by sea, by rail or by road. We are dealing with years of lack of regulation, of deregulation, and of neglect. This is a political choice and I find it very regrettable that the Conservatives are using Canadians' fear as a political lever. Saving money on the backs of Canadians and at the cost of their safety is no way to govern.

As I said in my speech earlier today on supervised injection sites, we are talking about public safety. If we can save just one life, there is no reason not to adopt the strictest and most important regulations. I think it is absolutely ridiculous. We have no words for how horrible this is. It is also unfortunate to see that the Conservatives have decided to close the Quebec City search and rescue centre, which will put many lives at risk. Because of the budget cuts to British Columbia's oil spill response centre and to the Kitsilano Coast Guard station, in British Columbia, the measures in Bill C-3 will unfortunately not keep Canadians safer.

For instance, the response time will be longer. If we look at the east coast, the Quebec City centre is the only bilingual centre, so francophones might not be able to receive service in French anymore when they call for help.

We support this bill, so you might wonder why my speech today points out the negative aspects. As I said, it is because this bill seeks to correct mistakes after years of neglect. However, to add insult to injury, this bill does not even include the best regulations and standards for Canadians.

For example, in my introduction, I drew a parallel with railway safety. Many derailments have unfortunately made headlines in recent years. The Lac-Mégantic tragedy is sort of the pinnacle of this neglect. Now the players are starting to wake up. The Prime Minister decides to go to Lac Mégantic and the Minister of Transport makes announcements.

Why then do the Conservatives not want to work with us to avoid this type of tragedy in the future and to avoid losing any more friends, to ensure no more Canadians are lost and no more spills harm our environment?

The Conservatives passed this bill somewhat hastily because Canadians are increasingly objecting to their projects, such as the Northern Gateway pipeline, for example.

The government is dismantling all environmental regulations. While the bill is a step in the right direction, it is a very minuscule step, unfortunately. It will barely address the Conservatives' neglect and the millions in cuts they have made to our safety. I previously mentioned the search and rescue centres as well as the emergency response centres.

I have risen several times today to implore my colleagues to ensure that the safety of Canadians will not be set aside and that the savings sought by the government will not be realized at the expense or to the detriment of our constituents—of Quebeckers and Canadians.

The role of government is not only to provide services, but also to ensure that people feel safe in their homes. They must feel safe when they drive their car and cross a railroad track. They also need to know that their environment and their health are safe.

The NDP has repeatedly proposed a very important principle, the polluter-pay principle. We would like the Conservatives to consider this principle and for companies and response organizations to be required to have enough insurance to clean up their mess.

My colleague pointed out to me that the damage caused at Lac-Mégantic totaled more than $300 million and the company had only $25 million in insurance. Who will cover the rest, then? The government will. Canadians will.

It is important to remember that prevention is better than any bill or any action we could take. We must ensure that we are right here to debate and find a way of providing Canadians with the best standards and the best regulations so that they are safe at home. They must be able to rely on the fact that the government cares about their environment and their safety.

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, part of the good work of an opposition is not only to oppose government policy and legislation where it needs to be opposed, but also to work with the government sometimes to improve legislation that may be well intentioned but could use improvement. Bill C-3 is an example where the New Democrats are prepared to offer cautious support for this bill, which does some good things, but does not go far enough in terms of protecting our coasts and public safety.

Some of the things I know New Democrats want are for the government to reverse Coast Guard closures and the scaling back of services, including the closure of the Kitsilano Coast Guard station in my province; to improve marine communication traffic service centres; and generally to improve safety on our coasts to ensure they are safe for people and traffic.

Could my hon. colleague comment on some of the positive changes that the New Democrats might want to offer to this bill so we can make it better and stronger legislation?

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I thank my colleague very much for his question. I know he has worked extremely hard with his colleagues from British Columbia to try to have the Conservatives reverse their decisions, especially those to close the Kitsilano Coast Guard station and the emergency response centres.

This bill would provide more resources, but it does not go far enough. Indeed, the NDP has tried to widen the scope of this bill, to enable the people who work on the ground and have the required expertise to move forward with their efforts to make Canadians feel safer.

We asked the Conservatives to reverse their decision to close the Coast Guard station and the search and rescue centre. This was precisely intended to give resources to the people on the ground, to make Canadians feel safer at home.

[The Acting Speaker, Conservative, Bruce Stanton]

The member for La Pointe-de-l'Île will have three minutes for questions and comments when the House resumes debate on this motion.

It being 5:31 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from November 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.

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, I rise today 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. That is not my introduction. It is simply the title of the bill, which amends a number of things.

First, I would like to point out that Bill C-3 has already been debated in another form, as Bill C-57. Before supporting that bill at second reading, the NDP asked that it be reviewed to broaden its scope and reverse Conservative cutbacks and closures regarding marine safety and the negative changes to environmental protection. Those topics directly concern the purpose of the bill. That request was refused—no surprise there—but the NDP still moved forward.

I am speaking to this bill today to indicate why I will support it, what reservations I have, and what additional measures I would like to see in order to ensure true protection, much more extensive protection of what this bill is designed to protect.

As I said in my introduction, this bill changes a number of things. I would like to highlight some that I find most important. First, the bill seeks to indemnify air carriers for damage caused by war risks. The intent is simply to make sure that, in dangerous situations, air transportation can continue, come what may. It is quite interesting. The bill also grants powers to investigate aviation incidents or accidents involving civilians, aircraft and aeronautical installations. Put simply, the power of investigation increases when an accident occurs, and that too is very interesting.

The only reservation I have about this measure in Bill C-3—and I hope I will be able to deal with it in committee after this vote at second reading—pertains to the discretionary power being given to the minister. I want to make sure that he is not given too much.

Let me digress a little. As the critic for citizenship and immigration, I have a good deal to say about the discretionary powers that are increasingly being given to ministers in a number of bills, including this one.

In our immigration system, we have seen a number of amendments in bills that have changed the system and given more and more discretionary power to the minister. I find that worrisome. We have a very complex and elaborate system, with very competent officials. Yet the minister is being given more and more discretionary power. That worries me. I am not pointing the finger at any minister in particular. I am simply talking about a principle that opens the door to decisions being made in back rooms, where we have no ability to seek real accountability or point out where mistakes have been made here or there. That is the end of my digression. Making that point made me feel a lot better.

In short, the clause in Bill C-3 that deals with the Aeronautics Act must be examined closely to make sure that the discretionary powers given to the minister do not go too far. I hope that we will hear from a number of people who can give us the benefit of their wise counsel.

Bill C-3 also proposes to amend the Marine Liability Act. The bill seeks to implement an international convention that Canada signed in 2010, the Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea. Canada is a signatory to this very important international convention and today's bill seeks to implement it. The convention defines the liability of vessel owners for the costs incurred when oil or other similar materials are spilled. It is very important to highlight and clarify the liability of companies and vessel owners when a spill like that occurs and when damage is caused.

Finally, the amendment to the Canada Shipping Act, 2001, is also very important. It introduces new requirements for operators of oil handling facilities, which is somewhat along the same lines as the amendment I mentioned earlier.

The amendment also proposes the application of new measures and monetary sanctions, with new investigative powers for Transport Canada investigators. Once again, we see the same idea. Those two amendments are the most important.

As another aside, I would like to refer to what happened recently in Lac-Mégantic. I agree that it is not really the same thing, but we are still talking about the same principle of owners and operators being liable.

After the recent Lac-Mégantic tragedy, we saw how the province took action. People on the ground and Quebeckers from across the province joined forces to provide assistance to victims and to raise funds for reconstruction and restitution after this oil-related accident.

It is unacceptable that it is the people who must come together and pay for that damage. People were kept in the dark for so long before finding out whether the company's insurance was going to pay for the damage. In the end, a large part of the cost had to be covered by the province and by generous and compassionate individuals.

That is the link I want to make here. These amendments to the Canada Shipping Act, 2001 and the Marine Liability Act may provide a solution by ensuring that companies at fault in the case of spills or catastrophes like that one will be a little more liable.

I will now continue with the bill. I said earlier that Canada was a signatory to the 2010 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea. Yes, I said the 2010 Convention. Well, not so long ago, in the autumn of 2012, two big transport ships sank off the west coast because of the current traffic.

Today, we have the impression that the bill that we are debating is a means for the Conservative government to apologize for its failure to act all these years. By signing the 2010 international convention, perhaps the government was demonstrating goodwill, but too much time went by after that. Catastrophes happened, and spills happened on the west coast, and it is only now that I am debating this bill at second reading. That is much too long.

Yes, Bill C-3 introduces corrective measures, and once again I will be supporting it at second reading. It may be too little, too late, but I just wanted to raise the matter.

What will the next step be? The Conservatives have set up a three-person tanker safety expert panel. In November 2013, the panel was to publish a report on how to reform the oil spill response regime. I am mentioning it because all too often we have seen very interesting reports being tabled without their recommendations being taken seriously or implemented quickly.

I hope the Conservatives will show good faith when this report is tabled and that they will implement meaningful and serious reform measures as recommended by the panel, in order to improve companies’ safety and liability. Oil tanker traffic is increasing and we must ensure that our regulations keep up.

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Mr. Speaker, my colleague finished her speech on the impact of oil tankers. People in Quebec are concerned about the transport of oil by pipeline or over our beautiful gulf, which also has fossil fuel potential. Canadians have concerns, especially when the federal government is the one managing this. Does my colleague think that Canadians are justified in their concern about the Conservatives’ management of this matter?

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, I would like to thank my colleague for his question and his community involvement. As a member of Parliament, he does a very good job of representing the people in Chicoutimi—Le Fjord.

Yes, there are some concerns. I will explain why I think these concerns are justified. Despite Bill C-3 before us today, we are aware to what extent the Conservatives have gutted, or at least significantly reduced, environmental protection measures. That is the cornerstone of the concerns. When you want to develop natural resources responsibly, you do not lower environmental standards and drop the number of inspections. On the contrary, you increase resources for scientists and inspectors. When you give a natural resources development project the green light, you should have every available credible study and an audit system. That way, you can assure the population that it will be done properly, in a way that respects the environment and sustainable development, and that avoids disasters. Canadians do not trust this government right now. It is understandable when we consider everything that has been done to reduce environmental protection.

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Mr. Speaker, at the Standing Committee on Transport, Infrastructure and Communities, the Auditor General recently told us that, in his report, roughly 25% of the audits had been done on the rail transportation of dangerous goods.

He did not say so in so many words, but I gathered that he thought this might be due to a lack of resources. That is not what he said, but that is what I understood.

Does my colleague not worry that even with a bill like this, and given the government's cuts in this area, there could be problems preventing tanker oil spills?

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, I thank my colleague for the question.

I understand where her question is coming from. I understand her concern because on the one hand, a host of regulations has been implemented recently by the Conservatives, who boast about having done something tangible, and on the other hand, there are not enough resources to ensure that the new regulations are implemented effectively.

If I may add to the discussion: oil tanker traffic has increased tremendously. In fact, oil tanker traffic tripled between 2005 and 2010. It is supposed to triple again by 2016. You can see how important this is.

I am pleased to support Bill C-3 at second reading stage, but frankly, we must continue in this direction and ensure that our regulations are appropriate for the current situation.

[The Deputy Speaker, NDP, Joe Comartin]

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

[Some hon. members]

Agreed.

[The Deputy Speaker, NDP, Joe Comartin]

(Motion agreed to, bill read the second time and referred to a committee)