Safeguarding Canada's Seas and Skies Act

An Act to enact the Aviation Industry Indemnity Act, to amend the Aeronautics Act, the Canada Marine Act, the Marine Liability Act and the Canada Shipping Act, 2001 and to make consequential amendments to other Acts

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

Sponsor

Lisa Raitt  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

Part 1 enacts the Aviation Industry Indemnity Act, which authorizes the Minister of Transport to undertake to indemnify certain aviation industry participants for loss, damage or liability caused by events that are commonly referred to in the insurance industry as “war risks”. The Minister may undertake to indemnify all aviation industry participants, or may specify that an undertaking applies only to specific participants or classes of participant or applies only in specific circumstances. The Act also requires that the Minister, at least once every two years, assess whether it is feasible for aviation industry participants to obtain insurance coverage for events or other similar coverage, and that the Minister report regularly to Parliament on his or her activities under the Act. Part 1 also makes consequential amendments to other Acts.
Part 2 amends the Aeronautics Act to provide certain persons with powers to investigate aviation accidents or incidents involving civilians and aircraft or aeronautical installations operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force. It also establishes privilege in respect of on-board recordings, communication records and certain statements, and permits, among other things, access to an on-board recording if certain criteria are met. Finally, it makes consequential amendments to other Acts.
Part 3 amends the Canada Marine Act in relation to the effective day of the appointment of a director of a port authority.
Part 4 amends the Marine Liability Act to implement the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010. Among other things, it gives force of law to many provisions of the Convention, clarifies the liability of the Ship-source Oil Pollution Fund with respect to the Convention and confers powers, duties and functions on the Fund’s Administrator.
Part 5 amends the Canada Shipping Act, 2001 to introduce new requirements for operators of oil handling facilities, including the requirement to notify the Minister of their operations and to submit plans to the Minister. It extends civil and criminal immunity to the agents or mandataries of response organizations engaged in response operations. It also introduces new enforcement measures for Part 8 of the Act, including by applying the administrative monetary penalties regime contained in Part 11 of that Act to Part 8.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 4:25 p.m.
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Calgary Centre-North Alberta

Conservative

Michelle Rempel ConservativeMinister of State (Western Economic Diversification)

Mr. Speaker, my colleague opposite closed by talking about the need to ensure that we have a very strong regulatory framework for the transportation of goods in Canada. That is exactly what the bill would do. It seeks to strengthen the regulatory framework that we have.

One of the measures I am quite interested in is the fact that the bill would require oil handling facilities to notify the minister of their operations, submit their pollution and prevention emergency plans, submit notices of proposed major expansions or conversions of their facilities. These are all very good things. They will also allow monetary penalty provisions to be expanded to section 8 of the Canada Shipping Act, which will hopefully also allow that strengthening of the regulatory regime to happen.

I am wondering why my colleague opposite would not support the bill. She talks about vague generalities, but with regard to these measures, these are really good things to help strengthen our regulatory framework. I am wondering why specifically she would not support allowing monetary penalty provisions to be expanded to section 8 of the Canada Shipping Act, as I did not hear a good argument in her speech.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 4:25 p.m.
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NDP

Annick Papillon NDP Québec, QC

On the contrary, Mr. Speaker, we in the NDP feel that the government must stop cutting Canadian Coast Guard services. We feel that the government must stop making cuts, cuts and more cuts, and developing very simplistic regulations. That is not working. We think there is more to be done.

Tanker traffic has gone up and therefore so has the risk of oil spills in Canadian waters, but the federal government is reducing the programs provided by marine communications and traffic service centres and by environmental emergency centres. Tanker traffic is forecast to triple in volume by 2016, the way it did between 2005 and 2010. That is what we want the person on the other side to understand. The pipeline expansion projects would also increase crude oil shipments from 300,000 barrels to 700,000 barrels a day. That is why we feel that the regulations must be taken a step further, considering the speed at which things are going.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 4:30 p.m.
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NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, congratulations to the hon. member for her excellent remarks and for showing the mindset of the Conservative government. The government is drafting bills without considering the other bills that are in progress. In other words, the government is not able to see how its actions fit in the big picture. Of course, the research centre the government is trying to close in Quebec City would be useful for scientists in other fields, including the safety of oil tankers in the St. Lawrence River.

Could my colleague explain why this Conservative government is not looking at the big picture? It is coming up with bills left, right and centre, with the sole purpose of catering to the elite and to the business community.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 4:30 p.m.
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NDP

Annick Papillon NDP Québec, QC

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

Consider the example of the maritime search and rescue centre in Quebec City, which is being shut down, apparently because the Conservatives still have not figured out that it was a bad decision, one that perhaps should be reversed. The problem is that they are not talking to the people affected. They are incapable of listening to the municipalities or citizens. I am convinced that they are not even listening to the members of their own party, because the Conservative association in Lévis—Bellechasse has even asked them to back down on this matter involving the Quebec City maritime research centre. When you cannot even listen to members of your own party, you must be pretty obtuse, if I may say so.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 4:30 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, it is my privilege to rise to speak to the motion.

I have been following the debate and we will, very reluctantly, be supporting 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.

As a teacher, I learned a long time ago that one absolutely has to recognize when baby steps are taken. This is definitely a baby step on behalf of the current government to do the right thing.

The reason I am in favour of supporting the bill is because it is a baby step in the right direction. I am hoping that, with positive reinforcement, we will get other baby steps, which would lead to good legislation to address the major concerns we have with what the Conservative government has been doing around environmental protection and protecting our pristine coastlines.

As members know, I come from the most beautiful province in Canada: British Columbia. I used to live in Quebec many years ago, La belle province, and I used to say that it was the most beautiful province. I will say that we live in a country that has amazing geography. For those who were born here and many, like me, who chose Canada to be our home, we are privileged to live here.

I decided to raise my children here not only because of the geography but because I fell in love with Canada and all it had to offer. However, I can assure members that one of the key factors was our amazing geography: our lakes, rivers, seaways, coastlines and mountains. Believe it or not, it was even our beautiful Prairies, which I thought were amazing when I drove across Canada for the very first time.

However, I have had this fear for many years, which is one of the reasons I am a member of Parliament today, because I did not like where Canada was being taken by consecutive governments, especially over the last number of years. One of the key concerns I have is the stewardship of our beautiful nation, and I will speak specifically about our waterways.

As I said, the proposed legislation does take a baby step in the right direction. However, it always amazes me that, over and over again, when the Conservatives actually follow a UN convention that we have been a signatory to for a number of years and decide to implement it, they make it sound as if it is a revolutionary move. In some of the speeches by the minister at the time, he talked about double-hulled vessels. Well, that already exists.

At the same time, we are very pleased that our government has come to realize that, yes, we did sign agreements with the United Nations. It behooves us as a member of the United Nations in good standing to implement those agreements. Members of the NDP are very committed to protecting our beautiful waterways and coastlines, as I am sure are many of my colleagues across the way who really want to agree with us, especially those from coastal communities.

We have all seen the terrible damage that oil spills can do. I had the chance to visit a cleanup. Members should see the birds and the kind of cleanup that has to occur after an oil spill, especially to the environment around it. We have all seen TV images, but to actually see something like that is so scary. I do not use that word lightly. We do not appreciate the kind of damage that can be done.

We want to make sure that we absolutely mitigate and minimize, and put into place extra protections to make sure our coastlines are protected. When we talk about oil spills, we are not just talking about the oil that is lost to the oil producer, we are talking about the impact on our environment. We are talking about the impact on communities and the impact on our food supply, because everything around an oil spill gets damaged.

At the same time, we have to say that the last budget bill, not the current one but the previous one, took so many environmental protections away from our waterways. When we really think about it, that is quite scary. This is a time when we know more about our environment than we have ever known before, when we should be putting in protections. However, the government has taken away the protection.

Now that we are rewarding the Conservatives by supporting this baby step, I am urging them to try to undo the damage that they have done in previous legislation. It is never too late to learn. One thing I learned as a teacher is to never quit. It is always possible for the other person to learn. We are willing to provide the Conservatives with evidence, with science, with whatever they need to convince them, but there is no answer to blind commitment to an ideology or blind commitment to doing damage to our environment in the name of so-called economic gain. There is no economic gain when our environment gets damaged.

Our job is not only about responsible resource development with the right environmental protection, but we are also the stewards of this country for future generations. I would urge all my colleagues across the way to remember that.

The NDP has been calling for a ban on oil tanker traffic through the corridor of the British Columbia coastline for a very long time. As a matter of fact, 75% of B.C. residents support that. It is supported by first nation communities; local, regional and provincial politicians; environmental groups; tourism, recreation, fishing and other potentially affected industries. We are really talking about listening to people, local government, environmental groups as well as everyday Canadians. The evidence is right here and the commitment to looking after our coastline is here.

The current study that the United States Coast Guard is doing, which is on the rising number of tankers on the west coast and their size, is proactive. We should be joining them in that study to decrease the risk of a spill. The United States is taking this risk seriously, and the Minister of Natural Resources is taking the opposite approach, because he keeps telling everyone everything is safe, even with projected increases in tanker traffic. United States Senator Maria Cantwell said that a supertanker oil spill near our shore would threaten the thriving coastal economy and thousands of jobs.

We really do have to start paying attention. I am not a very close supporter of the B.C. government. In B.C. we have a so-called Liberal government, which is really a Liberal-Conservative coalition government.

Premier Christy Clark sounded the alarm bells on October 2, 2013, after her election. That was not so long ago. She sounded the alarm over Canada's inability to handle a major coastal oil spill now, let alone in the future, should new pipelines be approved. She stated that we are “woefully under-resourced”. Yet, the Minister of Natural Resources has told CBC News that the system now in place could handle a fairly large spill off the B.C. coast. He may know something that we British Columbians do not know. He may have all these resources hidden and buried somewhere for the day we need them. What we do know is that the government, through its actions, is limiting the kinds of protections we need. The closure of the Coast Guard facility at Kitsilano is a prime example. Why would they take that away? All of that is very worrisome for us.

That is not the only thing. I have other quotes from people who are saying we need to take a bit of a halt and put the environmental protections in place. We know there are oil tankers going down that coastline. However, we also have to realize that the Burrard Inlet and area is very rocky. I tried to kayak it at one time. I know members will find that strange, but I did used to kayak at one time. My partner has done it many times. I would not say it is a dangerous place to have those huge ships going through that inlet, but it is not that easy to steer through. It is a very narrow inlet. Yet, the tankers would have to go up there.

We have heard similar concerns from the north. They do not want to see those tankers coming down the coast. They do not want to see an increase because they know we cannot take the chance of an oil spill.

We know there are tankers there now, but surely we do not want to double the tankers, which is what the projections are. It shocked me, and not too many things do, but oil tanker traffic has tripled between 2005 and 2010. Tanker traffic is planned to triple again by 2016. It has tripled, and it is going to triple again. The proposed pipeline project would increase crude oil deliveries from 300,000 to 700,000 barrels a day.

As I was saying earlier, Burrard Inlet is the second most dangerous navigational point in Vancouver. It is very difficult to navigate through it. A simple weather malfunction, with a little wind and current, could lead to catastrophic results. This happened in October, 1979 with the freighter Japan Erica. We shut down the north shore bulk terminal for three months and railway traffic for almost five months.

We only have to see the kind of damage that these spills can do. On May 25, 2010, as we all know, the Malaysian registered Bunga Kelana 3 collided in the Singapore Strait. An estimated 2,500 tonnes, or almost 3 million litres of crude oil, poured into the sea.

Let us put that one aside for a minute. The holding capacity of a double-hulled designed tanker would be a million plus barrels. The VLCC class of supertankers dwarfs the Exxon Valdez. Risk assessment measures have to be reconfigured. We cannot keep using the old risk assessments when the tankers are becoming so gargantuan. It is hard to imagine. The shocking part of it is that today's supertanker can weigh up to 320,000 DWT, with a capacity of two million barrels of oil, drastically increasing the risk of a spill.

With the bigger tankers come bigger risks, and the realization that we have to look at this in a different way. Once again, we have to take a look at the risks to the environment.

We will hear from the Conservatives. We will not hear too much today, and not at all this afternoon, I do not think. That is another tactic I do not understand. In my naivety before I became a member of Parliament, I actually thought this was a place where we could debate issues. However, it seems that the government side has decided to sit out the debate for this afternoon.

I am here to make my points and I will answer questions, but it seems that the government does not want to hear or debate anything too much because it has made up its mind. The government sees this part as a bit of a nuisance that it has to put up with because it is part of the process.

However, let me tell members that, for us, this is very serious. The health of the planet, the health of our waterways, and the safety and environmental factors are critical for us as we look into the future.

We also have to take a look at who is going to be paying for these oil spills once they occur. We do not hear the government side addressing that too much. If there is this massive oil spill, who is going to be on the hook for the cleanup? I have not heard much about the kind of protection that would be provided to taxpayers. We have to take a look at some of the ways this is done in other parts of the world. For example, both Norway and Greenland have no pre-set limits, in terms of liability across the board for oil spills. I am not saying that is the solution, but it is a conversation we need to have. We need to bring the right people to the table to have that kind of discussion and debate at committee stage.

By the way, I was proud of my colleagues and our critic in this area. They have, and had, ways to improve the legislation. However, once again, what we have seen is the same as we have seen with most of the bills. There is very little movement from the government side because once it puts something on paper, that is the way it is going to be. It has already made up its mind, so why debate and go through all of those issues?

As was said earlier, when we look at what the government could be doing to make this piece of legislation more effective, the first thing is to pay some attention to what our people said at committee. It is never too late, by the way. Here is an example of what we would like to see in the bill, if anybody on the other side is paying attention. If they are not, I am sure they can read the written record later, which I am sure they are dying to do.

Number one, let us have the government reverse the Coast Guard closures and the scaling back of services, including the closure of the Kitsilano Coast Guard station. That is one of the baby steps the government could take in the right direction.

Then, let us take a look at the government cancelling the cuts to marine communications and traffic services centres, including the marine traffic control communications terminals in Vancouver and Saint John. If we are really worried about safety and the environment, then why, when we are talking about increasing all this traffic, would we be closing those offices?

The government could stop the closure of B.C.'s regional office for emergency oil spill responders. It is beyond my comprehension. Why would we want to close an emergency response centre?

We could cancel the cuts to Canada's offshore oil, gas and energy research centre. We could reverse the cuts to key environmental emergency programs, including oil spill response for Newfoundland and Labrador and B.C.

We could also require the Canadian Coast Guard to work with its U.S. counterparts and conduct a parallel study to examine the risks that additional supertanker traffic would cause in Canadian waters.

As I said, we are going to support this legislation because it is a baby step in the right direction, and I am hoping my colleagues will add many other baby steps.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 4:50 p.m.
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Conservative

Robert Sopuck Conservative Dauphin—Swan River—Marquette, MB

Mr. Speaker, it is always amusing to me when the NDP members make comments about the state of Canada's environment. They never provide any numbers. A recent UN report showed that Canada and Sweden were tied amongst all industrialized countries for the highest water quality in the world.

I would like to talk about economic policies, and the Province of Saskatchewan is very instructive. During the NDP years, the Saskatchewan economy was floundering. It limped along under the dead weight of toxic socialist policies. Then the Brad Wall government came in. There was a snap of the switch, and all of a sudden their economy boomed. Natural resources were being developed. Jobs were being created. Mines were being built. At the same time, the environment was protected.

Those are exactly the kinds of policies that the government is implementing. However, we know that the NDP thinks the natural resource industries are a Dutch disease.

I would like to ask my colleague why the NDP wants to see natural resource development stopped in Canada.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 4:55 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, first of all I want to thank my colleague for the almost Santa-like hyperbole that I just heard from him. I thank him for the question as well.

Let me make it very clear that the NDP is not opposed to development of our resources. We are not opposed.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 4:55 p.m.
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Some hon. members

Oh, oh!

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 4:55 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

I am very respectful when other people are speaking, and to have that kind of response when I put forward what I firmly believe in is not respectful or needed in this place. I would remind our colleagues that each and every one of us is elected to represent our constituents in this House. We should pay some respect to that.

We are for resource development. We are for resource development that is responsible and environmentally sustainable, for the simple reason that this planet has to be protected, for our sake and for the sake of our children.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 4:55 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, looking at Bill C-3 and the name of the bill, I am sure the government must pay some individuals to be creative in coming up with names. The name of this bill is the safeguarding Canada's seas and skies act. I give the government full credit for whoever it is in the background, maybe someone in the PMO's office, who is paid an excessive number of taxpayers' dollars, coming up with these creative names for legislation.

I am wondering if the member might provide some comment on the following. To what degree does the member believe the implementation of this piecemeal-type of legislation, which we do support going to the committee stage, is going to ensure the safeguarding of Canada's seas and skies, given that a more holistic approach of dealing with the issues at hand would likely have given more merit to the title?

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 4:55 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, let me take us back to what happened during the budget.

The budget, which was thicker than many of the phone books for municipalities around this beautiful country, buried all kinds of stripping of environmental protections. There was much that was taken away, and then legislation is brought in which puts a little back in again. Then we are told, “Look, we are doing you a big favour. We are good people for doing this”.

All the government is doing is taking some parts of our agreement with the United Nations and putting it into legislation. There is nothing new in here. It is missing about 99% of what needs to be there to protect our environment. I am hoping the government will be open to those amendments at committee stage.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 4:55 p.m.
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NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, this debate hits home with me. A lot of people in northern Manitoba right now are very concerned about a proposed shipment of crude oil on the bay line and through the Port of Churchill. Anybody who knows Canada's north knows that the terrain is extremely challenging. In fact, there were two derailments in the last two weeks. Thankfully, they were railcars that did not contain crude oil. People know that if something like this were to happen, it would be devastating if the derailments led to oil spills. People do not want to see that either on land or in Hudson Bay and into the Arctic Ocean.

One of the other reasons why people are very concerned about this is because we know that under the current government there has been a record loss of environmental regulations, so the checks and balances simply are not in place. Canadians want those checks and balances in place to protect their communities and coastlines. I would like to hear from my colleague what she thinks about that.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 5 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I want to thank my colleague because she is an incredibly hard-working member of Parliament in the House. I am always amazed by her energy and the advocacy she puts forward for Manitoba and the north especially.

It is not rocket science. I think most people will get it. If people have even spilled a bit of oil in their kitchens, they know how hard it is to clean that up. Imagine hundreds and thousands of tonnes of oil in the ocean. Remember that the ocean has life in it, the ocean has waves and those waves lap against the coastline. Before we know it, the environment is degraded in a huge way. It is time for the government to revisit its omnibus budget from last year and to put right the wrong steps it took. Let us build a progressive environmental agenda.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 5 p.m.
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NDP

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

Mr. Speaker, since the Conservatives were elected, we have noticed a pattern involving environmental deregulation and a tendency to transfer those powers to businesses. It is a bit like having the fox guard the chicken coop. Businesses are self-regulating when it comes to environmental impacts. We saw this regarding infrastructures that cross waterways and in almost all areas that require environmental assessments.

I would like to know what my colleague thinks of this pattern on the part of the Conservatives.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 5 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, that was a very thoughtful question and my colleague summed it up. It is like we are going to go ahead despite the science, the evidence and everything we know and we are going to take away all the environmental protections, safeguards and regulations that existed. That is what the government believes, while not paying any heed to what processes and systems are in place.

The government's own audit of the Canadian Coast Guard's capacity to monitor and respond to a marine oil spill found a system that was outdated, disorganized and in need of a major overhaul. The national capacity for oil spill cleanup is slightly less than 6,900 tonnes due to storage limitations in all regions, the report said. Yet, as I said earlier, we are now looking at millions of litres of oil being put into the ocean and there is no plan on how we are going to tackle that. At the end of the day, neither industry nor the government has a huge commitment that has been evidenced. Once again, who will pay the price? Aside from the environmental price that ourselves, our children and our planet will pay, who will pay the price for the cleanup?