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

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

Mr. Speaker, I want to thank my hon. colleague from New Westminster—Coquitlam for putting so strongly the views of his constituents, which I must say are shared with, if anything, more enthusiasm by my constituents.

I have just been reading through the so-called Kinder Morgan Trans Mountain 15,000 pages of alleged evidence about how it can safely move, through tankers and pipelines, a substance called dilbit.

I do not know if the member has had time to dive into this yet, but let me just inform him and the rest of this House that their evidence on dilbit's behaviour in a marine environment comes from a couple of tanks the company set up in Alberta for 13 days. It put dilbit in with salt water. They say that they mimicked wind and wave action by stirring.

I do not know what the member thinks of a test on the marine environment based on tanks found in Gainford, Alberta. I wonder if the member would like to comment on what we know about the behaviour of dilbit in the marine environment and the threat to our coastlines.

[Fin Donnelly, NDP, New Westminster—Coquitlam, BC]

Mr. Speaker, while I do not know if I have actually dived into dilbit, I certainly have done some research on how this substance can affect our marine coastline and our precious oceans.

Let me say that this is a big concern. It is a concern across the country. It is especially a concern on the west coast. In communities that live there and rely on getting their employment from the ocean on Canada's west coast, any kind of threat to that way of life is paramount to them. Whether it is for the fishing industry, tourism, or first nations, the way of life we have on the west coast is precious. We want to ensure that this way of life can continue, as it has for thousands for years on the west coast. We want to see that continue into the future.

Certainly in looking at the types of noxious substances that are going to be carried, either on rail or through pipelines, it is critical that we get that right.

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

Mr. Speaker, I thank my colleague for his speech. It is clear that he truly cares about his constituents' concerns.

Last week I participated in a waterfront cleanup in a park with some people from my riding of Pierrefonds—Dollard. It was great to see the public involved in cleaning up the environment and the waterfront.

However, the bill is not just referring to garbage being thrown out by people in a specific community. Should the public be responsible for the costs associated with toxic spills? The NDP does not think so, as my colleague mentioned earlier. We want those responsible to be held accountable, and Canadians or the people living in the communities affected are not necessarily those responsible.

I would like to quote Mr. Sumaila, a professor at the University of British Columbia and member of the Fisheries Economics Research Unit, who testified in committee regarding this bill. He said:

Who pays for this? We have mechanisms to cover up to $1.35 billion, but as I gave you in the example from the ExxonMobil incident, about $6.5 billion was needed to do the cleanup.

He does not think that the measures go far enough and thinks that we should ask ourselves why the public should have to pay the difference. I would like to hear what my colleague thinks about that.

[Fin Donnelly, NDP, New Westminster—Coquitlam, BC]

Mr. Speaker, in my community, there are many efforts to be involved with river conservation, ocean cleanup and protection, and beach cleanups.

People are very concerned about making a difference in the community. They want to see that way of life protected. That is why I spoke in my presentation today about the importance of shifting the burden of responsibility to fund cleanups from the Canadian taxpayer, from public funds, to where it should be, and that is with companies. They should have the funds necessary.

This bill does not go far enough. The NDP tried, in committee, in an attempt to make changes, to make reasonable amendments. Unfortunately, the government did not listen. There are many experts who are saying that we need to increase the liability, the funds available, to make these cleanups happen, and we are just not seeing that. Unfortunately, we are seeing that transferred to the taxpayers. We find that unacceptable.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, it is an honour to speak on behalf of the constituents of Surrey North. Before I get to the bill I do want to mention something else that has come up. As you are aware, Mr. Speaker, we have recently raised awareness about organ donations in our country. Organ Donation Week took place a few weeks ago, with Canadians signing up to donate their organs to have them available for those who need them at a particular time. One such drive took place in Toronto.

Members of the Amar Arts of Life Academy, with Amarjit Rai, who is a founding member, along with Balvinder and Amendeet Rai, and over 200 volunteers signed up over 1,200 members of our community to be organ donors. This is a huge accomplishment that took place in Brampton around the Vaisakhi Khalsa Day parade. I congratulate the Amar Arts Academy for taking this initiative and signing up organ donors.

It is a pleasure to speak to this bill. I spoke to the bill at second reading. At that time, I was hoping the government would listen to the opposition and critics to improve the bill. Unfortunately, as we have seen, the Conservative government has failed over and over to listen to the opposition and critics, academics and experts, to make the bill better so that our environment, our pristine waters off the coast of British Columbia that provide employment for hundreds of thousands of people throughout British Columbia and the rest of Canada, are protected and safe for travel.

Tourism on our waters is a huge industry in British Columbia. There could be an impact on tourism. Also, fisheries is a huge part of British Columbia. As the previous member, the member for New Westminster—Coquitlam, has pointed out, the government has not taken into consideration jobs related to our coast in British Columbia that could be affected by the bill. We wanted to broaden the scope of the bill to include a number of other initiatives that could be taken to protect our waters off the west coast of British Columbia and across the country.

I know I have a limited time, but I want to speak to a particular part of the bill that really concerns me. I will share that, not only with members in the House, but also with the audience of Canadians at home. This concerns part 4 of the Marine Liability Act, to implement in Canada the international convention of liability and compensation for damage in connection with the carriage of hazardous and noxious substances by sea. The HNS convention establishes a liability scheme designed to compensate victims in the event of a spill of hazardous and noxious substances. Basically, the shipowner's liability is limited to approximately $230 million and there is an additional fund available that caps the liability for these hazardous materials spills to about $500 million.

I brought up this story before, just to put it in perspective. A total liability of $500 million is not enough when a hazardous or noxious material is spilled, or there is a disaster. I talked about this before and I am going to bring an example from my family, from my young children. It will highlight that if a 7-year-old can understand the economics of disaster, why is it that the Conservatives cannot understand?

Here is the scenario. I have two children. I have a seven-year-old son and a seventeen-year-old daughter. My son is a typical seven-year-old. He likes to not take responsibility. He was playing around with his toys, they were all over the place, around our living room and the kitchen. He thought he would pull a fast one when mom asked him to clean up his mess. He cleaned up a bit of it, but he said, “No. My sister should do it. My sister should clean up my toys.” When he asked his sister she said, “No. It's your mess. You made this mess, you clean it up.” Both of them went to their mom and my wife understood that. She said, “Well, Jaron, it's your mess, you clean it up.” My seven-year-old understood that it was his mess and he should clean it up.

Therefore, if there is a hazardous material spill of a noxious or hazardous substance, here the government is only limiting the liability up to $500 million when we know that disasters cost a lot more to clean up. It is in the billions of dollars. The Conservatives want Canadian taxpayers to pick that up. If a seven-year-old can understand, I am sure the Conservatives understand that liability should not be put on taxpayers. That is of huge concern to me.

There are many other related issues that we could have addressed in this bill. We want to broaden this bill to address a number of issues that have been plaguing our coasts, east to west and up in the north. What are some of the things that the Conservatives could have or should have done or not made cuts to? They made cuts to the Kitsilano Coast Guard station. The summer season is coming up. There will be a lot of activities in our harbours. I know that Vancouver is a very busy place during summertime. We get quite a bit of traffic in Burrard Inlet. What did the Conservative government do? It cut the very measures that allow for safety in our harbours.

Those are the kinds of things that the government needs to address in order to ensure that we have safe and secure passageways in our waters. Time after time, we have seen the government step away from its responsibility to ensure that we have those waters off our coasts protected.

Another thing that the government has done is cancel cuts to the marine communications and traffic services centres, including the marine traffic control communications terminals in Vancouver and St. John's. We have heard stories where sailors in distress would pick up the phone and the call goes into some third country. We do not know whether the people who take the calls will be able to communicate in English or French. These are the kinds of cuts the government is making that are putting the lives of sailors, shippers, and leisure cruisers in danger. These are the kinds of steps the government can take in order to improve safety and security in our waters.

The government cuts include the closure of the B.C. regional office for emergency oil spill responders. We talked about the increase in tanker traffic in the last 10 years in British Columbia alone. That will have an impact on tanker safety. Therefore, we need to ensure that this government, at the federal level, puts measures in place to ensure the safety of our waters. Time and time again, the government is failing.

The list goes on. I can go on and on about cuts to environment, fisheries, and a number of other safety measures that we could have worked on and included in this bill. Time after time, we have seen the government shirk its responsibility to ensure our waters are protected, that we can protect jobs, that we can protect tourism, and protect fisheries.

[The Acting Speaker, Barry Devolin]

Order, please. The time for government orders has expired. Consequently, the hon. member for Surrey North will have his five minutes for questions and comments when this matter returns before the House.

The House resumed from May 8 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 third time and passed.

[The Deputy Speaker, Joe Comartin]

Resuming debate. The hon. member for Surrey North had five minutes left for questions and comments.

Questions and comments, the hon. member for Algoma—Manitoulin—Kapuskasing.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speaker, when we are looking at the bill, we know there are still some concerns. We see that this is a bill that certainly goes in the right direction. However, because there has been a gap of time here, maybe my colleague can refresh our memories with respect to some of the concerns we see with this particular piece of legislation.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, the bill would actually make very modest improvements to our marine safety issues, which are particularly important to British Columbia. Off the west coast of British Columbia, we have pristine waters that provide a lot of jobs for local communities throughout the coast, and we also have a large tourism industry that depends on navigation through those waters in northern British Columbia and along the coast in southern British Columbia.

If the government truly wanted to improve marine traffic safety in British Columbia, it would be looking at a number of improvements to which the Conservatives have actually cut funding; for example, the Kitsilano Coast Guard, environmental regulations, and emergency response programs not only in British Columbia but on the east coast of Canada as well.

Therefore, even though the Conservatives pretend that the bill would improve the safety of our marine life off the coast, it does not go far enough.

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

Mr. Speaker, I want to refer to my hon. colleague's point about the bill making modest improvements. The bill would put into legislative form changes that have been anticipated for quite a while due to international agreements for liability in relation to maritime incidents.

However, I find that one of the more amusing things about the bill is the title, that it would somehow be safeguarding our skies. Perhaps the hon. member can refer to legislation, but as I recall, the only thing in Bill C-3 about the skies is changes to the Aeronautics Act, which are purely procedural and have absolutely nothing to do with environment, pollution, or anything one might conjure up with a notion of safeguarding our skies. It is hyperbole masking as a legislative title.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I have to give one thing to the Conservatives. They come out with these wonderful titles for bills that have nothing to do with the actual bill itself. I want to note the member for Saanich—Gulf Islands's keen eye to the title of the bill.

I have trouble with the bill. I will share a story about my children. I have a seven-year-old son and an eighteen-year-old daughter. My son makes a huge mess in the living room, but he wants his sister to clean it up. His sister tells their mom that she is not cleaning it up: it is his mess and he should clean it up. After some discussion, seven-year-old Jaron agrees to clean up the mess.

The problem with the bill is that the Conservatives believe that if there is an oil spill or a hazardous material spill, there is not enough liability attached to it. They believe that taxpayers should be cleaning it up. It should be the people who make the spill who clean it up. A seven-year-old understands that. Conservatives do not understand that. They have gutted the environmental regulations. Obviously they want us to clean that up. I can assure members that we will do that in 2015.

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Mr. Speaker, it is great to speak to Bill C-3 today. I will be sharing my time this morning with the fabulous member of Parliament for Parkdale—High Park. She deserves a round of applause.

This legislation seeks to enact the Aviation Industry Indemnity Act and make changes to many different pieces of existing legislation, such as the Aeronautics Act, the Canada Marine Act, the Marine Liability Act, and the Canada Shipping Act, 2001.

Right now we are debating Bill C-3 at third reading. I want to mention at the outset that the NDP will be supporting the bill at third reading because, as my hon. colleague before me mentioned briefly in his response to questions, it would make marginal improvements to the situation we have at hand.

However, I must also note that during the committee study of the bill, amendments were proposed that came from suggestions from witness testimony at committee. The NDP moved seven amendments and the Green Party moved three. All 10 of the amendments that were put forward, based on expert testimony, were refused by the Conservative majority on the committee. Even though Bill C-3 would make modest improvements, even better improvements could have been made, and were put forward, but Conservatives on the committee made sure they did not pass.

Just briefly, I want to mention a couple of the general themes of the amendments we proposed.

One of the amendments required the Minister of National Defence to publish all reports from the studies of the disasters that happened, rather than keeping them as internal documents.

Another amendment was with regard to extending the ship-source oil pollution fund, the SOPF, to non-oil spills that could pollute our waters. Conservative members chose not to support that.

Bill C-3 was formerly Bill C-57, which was tabled in March 2013. That legislation died on the order paper when that session of Parliament was prorogued.

Bill C-3 appears to be part of a concerted effort by the Conservatives to correct their lack of credibility in areas of transport safety, particularly oil tanker traffic on the west coast, in face of the mounting opposition we are seeing across the country to the Northern Gateway pipeline, which was originally proposed in 2006.

I think the real reason why the government is finally pushing on this issue is that the bill would implement the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010, to which Canada is a signatory. The convention has not been implemented yet, so this legislation would allow for its implementation.

New Democrats believe that Canadian taxpayers should not be on the hook for the cleanup costs and damage that follow a spill of hazardous and noxious substances. In consequence, we have proposed that damages from a hazardous and noxious substance spill exceeding $500 million liability should not be paid by taxpayers. They should be covered by the SOPF, the ship-source oil pollution fund. Polluters should be responsible for the cleanup of oil spills, rather than taxpayers across the country.

Part 2 of the bill would give the military the AIA, which is the airworthiness investigative authority, the traditional Transportation Safety Board investigatory powers in the event of an aviation accident involving the military.

For example, if the military exclusively investigates a defined military-civilian accident, the Transportation Safety Board is no longer involved. The military investigator only reports the results of that investigation to the Minister of National Defence. Canadians do not know what is in the report, in the investigation or the outcome of that report. The New Democrats feel that our operations need to be far more transparent. One of the amendments we had put forward was to make these reports public, rather than them only being given to the Minister of National Defence. Canadians should know what is in those reports.

Other measures that the New Democrats wanted to see in a bill to safeguard Canada's seas included: reversing the Coast Guard closures and the scaling back of the services included in the closure of the Kitsilano Coast Guard station; cancelling the closure of B.C.'s regional office for emergency oil spill responders; cancelling the cuts to Canada's Centre for Offshore Oil, Gas and Energy Research; and reversing the cuts to key environmental emergency programs, including oil spill response for Newfoundland and Labrador and British Columbia. We put forward many other suggestions to reverse many of the cuts put forward by the Conservative government that decreased safety on our coastlines and in Canadian waters. Many of these amendments were not accepted by the Conservatives on the transportation, infrastructure and communities committee.

We are now left with Bill C-3, which is, as I said at the outset, a marginal improvement, but not the best it could be. However, we do support the bill at third reading.

The two pieces that we really pushed for in committee were to not have Canadian taxpayers on the hook for large-scale hazardous and noxious substance spills. It should have been the polluters. The second piece was that there needed to be increased transparency regarding investigations and the reports that would come out of those investigations. We know how the Conservatives are with respect to transparency and accountability, so I will not go too much into repeating the fact that the government likes to keep things secretive and does not like telling Canadians what it is going on.

The context of Bill C-3 focuses on administrative organization, but lacks in actual environmental improvements. Ben West from ForestEthics Advocacy said of continuing on this path of safety cuts and emergency response closures, “...we have actually been aggressively moving in the wrong direction on this file.” I am concerned because this may have been on the topic of forest or coastline safety in British Columbia, which has a high level of tanker traffic.

My constituency of Scarborough—Rouge River is home to the Rouge Park. The government just introduced legislation in the House to create it as Canada's first urban national park. We are consistently seeing actions by the government that are moving away from forest safety and not ensuring the viability and long-term sustainability of our forests. Rouge Park is a grand forest that was created by community activists, including me. In the spring we go out and plant trees and bushes and in the fall we remove invasive species to ensure that our park, the people's park, will thrive and be a large, successful park.

It is great that the Conservatives have finally come on board, 35 years after the community and local activists started to work on this park, to make it a national park. However, we need to ensure that it is done in a sustainable way where we protect and respect the existing legislation and greenbelt protection measures. We also need to talk to the local first nations communities that have sacred burial grounds and a village there. We also need to talk to the local community activists who work on the ground in the community.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speaker, I greatly appreciate my colleague's speech on this very important issue. Again, the bill would change five different acts. Would my colleague like to comment on what happens when we have omnibus bills such as this one?

The other thing I would like her to comment on is with respect to the environmental movements, such as the first nations that have been voicing their concerns on this. We have seen fisheries organizations, community organizations, even the tourism industry voice their opinions on this. A lot of them have a lot of knowledge and have done a lot of research on this.

We often hear the government say that it is willing to work with willing partners. Well, these are willing partners, albeit they have a different opinion than the government at times. However, everyone at the same time wants to see a sound bill and one that would benefit not just the industry but the safety of Canadians as a whole.

The member mentioned who would be on the hook in certain areas. Does she think that Bill C-3 addresses the needs and concerns of the communities I mentioned, especially when we look at first nations, the fishing industry and the tourism industry?

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Mr. Speaker, one of the member's question was about the government's continuous use of omnibus bills. As she mentioned, Bill C-3 proposes changes to many different acts. This is a constant behaviour we see with the government. It likes to jam many changes, some that may not even be related, into one bill. People do not necessarily see all those changes because there are far too many.

I only had 10 minutes to speak about these things. If I wanted to speak about all the changes that would happen, I would probably need three hours at least. We know very well, I do not have that time. What happens is important issues get overlooked because we have to prioritize and speak to what we can.

With respect to her second question, especially about first nations and fishing communities, I talked about the importance of preserving a way of life and the forests. I have a sacred burial ground of the Mississauga Huron-Wendat First Nation in my constituency of Scarborough—Rouge River. I want to ensure that it and the people's ways of life are protected, whether it is fishing, hunting, or whatever it may be.