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 19th, 2013 / 10:35 a.m.
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NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, the NDP asked that the scope of Bill C-3 be broadened by referring it to committee before second reading so that the committee could study the possibility of including a full range of measures to protect Canada's coastlines.

Can the member tell us why the Conservatives rejected our proposal to broaden the scope of this bill?

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 19th, 2013 / 10:10 a.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I rise today to address a bill that has several significant parts, a bill the official opposition will be supporting to study at committee. It has the electrifying title of 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. While that might not seem all that gripping a title, the actual impacts and effects of the bill are significant and do mean something, particularly to the people I represent in northwestern British Columbia. Very specifically, these are the aspects around oil tanker traffic.

In northern British Columbia, a company out of Calgary called Enbridge is proposing the northern gateway pipeline. It is a pipeline that would stretch 1,100 kilometres from Alberta to B.C.'s coast at Kitimat. The company then proposes to put it into supertankers that would run the inside passage out Douglas Channel, make three hairpin turns on their way out to the open ocean, and then go on to, one presumes, China and the rest of Asia.

I specifically note China in this proposal, simply because the Chinese government has funded a large sum of the $100 million Enbridge has been using to promote its project. It is not an equity stake. It is just money given by the state-owned oil enterprise in China to promote a Canadian pipeline project. One wonders what the motivations are for companies, especially those state-owned by the Chinese government, to offer it up. It may be an administration that some admire, but others of us have some questions for it.

It seems to me that the aspect of this project that is worrisome to many of the people I represent, and this has been going on for a number of years, is the complete lack of social licence the company has been able to attain. That is, in part, aided, if I may use that term for such a scenario, by the Minister of Natural Resources, who has suggested that anyone who has concerns or questions about this project must be, in his words, a radical and a foreign-funded enemy of the state.

For a federal minister and a government to use such heated, overblown rhetoric, such offensive and abusive language, is obviously a desperate attempt to try to push a project that has failed time and time again to gain the social licence of the people who are along the route. It demonstrates a government that simply sees the Canadians who live along the proposed pipeline route, or who may be impacted by an oil spill from the supertankers implicated by the project, as simply in the way. They are seen not as citizens, not as people in the communities taking the most risk, but as a bothersome quotient for the government to simply bully and have removed.

Bill C-3 has some aspects that we, in the small measures that are made here, support. They deal particularly with liability for oil spills. The liability regime in Canada to this point has been incredibly weak. It is much weaker than the regime that exists in the United States and certainly is dramatically weaker than that which exists in Europe and many of our other trading partners.

If we look at the oil tanker accidents around the world, proving causal liability is one of the more difficult levels to attain in a court of law. Even when that is done, under Canadian law as it exists right now, the amount of damages the company is on the hook for is minimal.

The Canadian taxpayer is meant to pay the rest, and not just for the costs incurred in the actual emergency in deploying of the coast guard and other emergency services. For the eventual damages that would be awarded or given to the public, the companies are still restricted in their liability exposure. Who picks up the rest of the damages for the impact on fishing communities and other economies that are trying to exist? Never mind just the economic impact. There are the straight up environmental impacts. We see even in this bill an extension of the liability, but certainly nothing that would move toward full responsibility.

The companies themselves, Enbridge and others, which ship oil, have declared, perhaps to their credit, that they cannot guarantee that there will not be spills. The reason they cannot is that they have spilled so many times in the past.

There was a relatively recent incident in Michigan, near where your home riding is, Mr. Speaker, in Kalamazoo River, in which bitumen being shipped by Enbridge leaked out of a pipe. The Environmental Protection Agency in the United States, which conducted the review afterward, showed that the company was “the Keystone Kops”. The spill had been noted and the emergency lights went off in Calgary. They were shut down on three separate occasions while the spill into this river continued to exist. It is a relatively small river, by British Columbia standards, and it is very slow-moving and warm, conditions that would be more ideal, if there is such a thing in terms of cleaning up an oil spill. Still, the company desperately struggled to attain anything close to a cleanup.

We now know from British Columbia's assessment and from the Auditor General of Canada, concerning the ability to clean up oil in the marine environment, that success would be deemed somewhere around the 5% rate. If there were a major oil spill, the company's expectations and those of the Government of Canada and the Government of British Columbia for the amount of oil that would actually be recovered would be about 5% at best, because of the conditions that exist on B.C.'s north coast. It is recognized by anyone who has ever lived there or visited that we have a somewhat precarious set of environments in which it is difficult to gather back oil, particularly bitumen, which is the notion of many of the projects that the Conservative government is promoting.

This is the government's Wild West energy plan: to ship as much raw bitumen and material out of the oil sands as is humanly possible, thereby forgoing all of the economic benefits that would come with actually upgrading the oil, at least to a state where it would look like a more conventional oil that we have traditionally seen, and then upgrading again and refining that oil into products that consumers would actually use. These would be gas, diesel, and the rest of the products that come out of a refinery.

The challenge for us is that, on the environmental front, the Conservative government has been an obvious failure. The meetings going on right now in Poland with respect to climate change have Canada ahead of such environmental luminaries as Saudi Arabia, Iran and a third country, which escapes me. We are down in the pariah list when it comes to dealing with the impacts of carbon. There are very few behind us, and there are many, much poorer, countries ahead of us that are doing more to deal with climate change than the Conservative government has.

The government has completely abandoned even its own weakened targets, which is amazing. The Prime Minister's Office has to prepare better speaking notes for the new Minister of the Environment because on her way to Poland to these UN climate talks, she said that Canada is a leading voice for climate change and that it is doing its job. However, Environment Canada now says we will miss by a mile even the weak and very watered down targets that the government has set for Canada. We will be way above even those weak commitments we made to the global community.

With the increase in intensity of storms and natural disasters that are hitting, we know that these costs are real. We know the impacts of climate change that were predicted by climate scientists. We have said time and time again that we would see more dangerous impacts and more dangerous effects. We have yet to properly deal with and realize the impacts of a rising sea in the world and the impacts on those coastal communities on the Vancouver Lower Mainland, on our east coast and in the far north.

We know that these impacts are real and we know that these impacts are expensive. These impacts are destabilizing, and we have a government that refuses to even follow its own weak targets and projections. It then says to the industry and to the broader Canadian public that Canada is doing its part. That is hogwash. The government knows it. No one believes its spin. The fact is that it is more dangerous than just the typical lies and half truths we get from government, because this one has real generational impact.

On this particular bill, the government has gone to some half measures. The member for Burnaby—New Westminster attempted to expand the scope, because if we want to deal with certainty and the public interest when it comes to shipping oil or raw bitumen through tankers, we need to deal with the full scale of interests, bring liability rates up to the proper level that would be even a medium global standard and deal with the impacts of the cuts that the same government has made to our ability to deal with oil spills: the cuts to the Canadian Coast Guard; the shutting down of the Kitsilano base; the shutting down of the oil spill response centre in British Columbia.

Here is an ironic moment. We have a government that is out shelling for industry, pushing every pipeline it can find and saying we are going to have the best standards in the world, yet at the same time presenting a budget that we vote against, which shuts down the B.C. oil spill response centre, the very thing that is meant to reassure the public in the event of an accident, which is somewhat inevitable in the oil industry. The very centre that is charged with dealing with an oil spill response is the very centre that these guys thought they should shut down, and then say to the public, “Never mind, never worry”. It is a fact that the public paid attention to.

There was the shutting down of the Kitsilano Coast Guard base, one of the busiest in the country, thereby increasing dramatically the response times for people in distress on the water when accidents occur. We have very heavy traffic around Vancouver, not just with tankers and cargo ships but with ferries and personal pleasure craft. However, with an increasingly busy marine environment, these guys said that shutting down the Coast Guard base was a good idea. Meanwhile, they have billions and billions to spend on pet projects and tax incentives, which do not work, for companies that are already in the massive profit range, so taken in full, it is no wonder that Canadians, particularly British Columbians, have lost complete faith in the current government's intention or its ability to deal with the impacts of heavy industry development.

The Conservatives have proposed their pipelines and they insult any Canadian who happens to have questions or concerns, which I think are natural. As Canadians, it is not only our right but our duty to hold government to account, which is what New Democrats do here as the official opposition to the government each and every day.

When we talk about defending our coasts, we are actually talking about defending Canadian values, such as the right to speech without being bullied by government and ministers of the crown and the right of first nation people to be duly consulted and accommodated, but the Conservative government treats that as an afterthought. When did constitutional requirements become an afterthought for the federal government of Canada?

First nations have had to go to court time and time again. There are various cases, many of them emanating from the first nations of northern British Columbia, such as the Haida case, the Delgamuukw case with the Wet’suwet’en and the Gitksan and many other cases that followed, to prove what we all know: first nations have rights and title to the land.

However, when it comes to the tanker traffic and the pipelines that are proposed, first nations are treated as if they were some sort of “special interest group”, as the current government calls them. They are not a special interest group. They are a group that is at the heart of this conversation, but they are treated with such disrespect.

The other day, I asked a first nation leader what specific things the federal government could do to help first nation communities across Canada. He asked me to please ask the Conservatives to stop suing them, because it is costing them millions upon millions of dollars in litigation to prove something that has been proven time and time again: that there is a duty owed to the first nations by the federal government to consult and accommodate. That is not up for debate. It is not up for some token that can be traded back and forth.

The government whip, who represents Vancouver Island North and deals with many first nations across Vancouver Island, knows that these responsibilities cannot simply be dismissed; or because there is some industrial imperative or some oil lobby that the government is cozying up to, it pushes those rights and titles out of the way. That is a fallacy and, ironically enough, it creates an enormous amount of uncertainty for the oil and gas sector, the industry to which the government spends so much of its time pandering.

The same Conservative government has sowed the seeds of doubt with the Canadian public by stripping away basic environmental protections, like the Navigable Waters Protection Act. The Environmental Assessment Act has been weakened. Previously, the federal government enacted somewhere between 3,000 and 4,000 environmental assessments a year. The Auditor General of Canada now tells us that those assessments will be reduced down to between 12 and 15 per year, under the Conservative government's stripping away of protections.

The Fisheries Act has been completely gutted. It was one of our foundational acts to protect what was considered an important economic generator for the country, as this habitat can be impacted by industrial development. The fish habitat was important to maintain our fisheries. There was no more important act in the Canadian law and jurisprudence, because it had been relied upon time and time again to hold industry to some level of account and make sure the projects it built did not leave massive legacies.

Last year, as my friend for Yukon would know, we Canadian taxpayers spent somewhere in the order of $150 million to clean up old abandoned orphaned mines that were leaking into the environment. That was $150 million just last year for no noticeable economic benefit. We had legislation in place at the time those mines were built, in the 1950s, 60s and 70s, that did not properly protect the environment; so we have learned that if we have the wrong guidelines for industry, most of industry will attempt to hold things to a higher standard than the government calls for, but some will not. Some will cut corners.

If a government allows them to do it, as the government does, the legacies will last for generations to come. The acid leaching of some of these mines is incredibly damaging to things we care about, like drinking water, like fisheries. We have a government that refuses to remember the lessons that were so hard learned and continue to be so expensive.

We come to this bill, Bill C-3, which is a small attempt of the government. We can see how much interest the government has in speaking to this bill. In the last Parliament, before the government killed the legislation, it had one speaker at second reading and made a few passing comments, and that was it. This is supposed to be a priority for the government. It makes no argument, no support for the legislation.

I do not know if there are going to be government speakers today. I look forward to hearing what Conservatives actually think and maybe to hearing it address some of the concerns of Canadians that exist regarding the legislation: that the scope is so narrow that it does not expand a full and proper liability; that it does not address all the other aspects of shipping oil by water, which exist and are realities and create uncertainty for industry.

If the public does not have confidence in the process, which it does not with the government running the show, then how will industry gain that social licence it so desperately needs, to actually create those jobs that the government is so keen to talk about?

We are all for promoting the resource sector. We have to do it under guidelines that promote the very best, not encourage the very worst. We see the government, time and time again, stripping away environmental protections, dismissing first nations' obligations, not holding and creating proper liability regimes; so that this creates no certainty for industry. This creates no confidence among the public.

Coming from a resource part of the world, I deal with many industries, which seek this social licence and community support for their projects. Their investors seek that same support. This has bottom-line impacts. Ask Enbridge how it is going, with the fake ads about shipping oil and how incredibly safe it is, when we know the facts are otherwise. The Conservatives simply cannot outspend the public will or cover over a bunch of lies with a bunch of ads in between hockey games and pretend that will somehow gain the social licence and support.

Enbridge has a partner in the government, which continually lowers the bar, waters down what few regulations we have to protect the environment, and then pretends we still have world-class standards. How can that be true? The government members will repeat it today, if they bother to speak at all, and say we have world-class standards. If they just spent the last six or seven years destroying aspects of environmental legislation, watering down and gutting the Fisheries Act, cutting Coast Guard funding, cutting funding to the Department of Fisheries and Oceans, removing things and protections that Canadians relied upon, they still cannot have world-class, leading standards. That is simply not true.

Conservatives cannot have it both ways. If they cut all those protections for Canadians, then clearly they have not maintained any sense of having the basic understanding of what it is to develop industry.

Industry needs a couple of things. It needs a fair set of rules. It needs consistent application of those rules. It needs an investment climate that allows for investors to feel confidence in these major investments, because none of these projects that are entertained in this kind of bill are small. They start at a few billion dollars and go up from there, and they last a certain amount of time.

The Enbridge northern gateway predicts it would be around for 45 or 50 years, give or take. Under that regime, it would also have about 12,000 supertanker sailings through some of the more treacherous waters known around the world. There would be 12,000 sailings with weak protection and minimal ability to clean up in the event of a spill, as has been reported by the federal Auditor General and has been reported by a study by the British Columbia government. These are not the wild-eyed, wide-eyed environmentalists that Conservatives always like to point at.

We know for a fact that, time and time again, the government in its pandering to one small interest group, the oil sector, has actually weakened the argument for the oil sector's ability to actually promote projects. It has weakened the ability of industry to have the confidence of the Canadian public, which it needs to build the projects it wishes to build.

Why not take a step back for a moment and listen to some of the critics rather than trying to insult and bully them? Why not step back for a moment and develop a national strategy for our energy, as the Premier of Alberta and many other premiers across the country have asked for?

Industry has asked for it and the Canadian public has asked for it, yet the government sits on its hands and pretends that photo ops and spin are going to get the job done, along with bills that go only halfway. New Democrats will support the bill and try to improve the bill. We will allow Parliament to do its work and hear from witnesses and experts who know a lot more about this than anybody sitting over there.

Again, the government has a missed opportunity. It could do so much more both for industry and the public, and a failure on the government's part will do nothing for the Canadian economy and certainly nothing for the Canadian environment.

Business of the HouseOral Questions

November 7th, 2013 / 3:05 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will finish debating today’s motion from the New Democrats.

Tomorrow, we will resume the second reading debate on Bill C-2, the Respect for Communities Act.

After Remembrance Day and a week of work in our constituencies, we will return here with a continued focus on protecting Canadians.

On Monday, November 18, I expect we will continue debating Bill C-2. If MPs discuss that bill with their constituents, I expect they will endorse the bill, which gives communities input on decisions on drug injection facilities that could have a real impact on those communities.

Before question period on Tuesday, we will resume the second reading debate on Bill C-3, safeguarding Canada's seas and skies act. Following question period, we will take up Bill C-5, offshore health and safety act at second reading.

On Wednesday, the House will start debating Bill C-11, priority hiring for injured veterans act, which the Minister of National Defence introduced this morning on behalf of the Minister of Veterans Affairs. This is a bill that both honours those who serve and advances employment opportunities for the disabled. It is a very fitting bill to be introduced this week, Veterans' Week, and I hope that all hon. members will join together in passing this bill quickly at second reading so it can be reviewed at committee and ultimately become the law of this land.

Finally, the hon. member for Papineau had a chance earlier this week to put forward a fresh new idea for governing Canada, any idea in fact, but he did not. However, do not worry, the Liberals are going to get another chance to give us an idea, some policy idea other than simply the legalization of marijuana, just one new idea. We might suggest an idea on continuing Canada's economic leadership. That will be on Thursday, November 21, which shall be the fourth allotted day set aside for a Liberal opposition day.

Opposition Motion—Keystone XL PipelineBusiness of SupplyGovernment Orders

November 7th, 2013 / 10:40 a.m.
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Okanagan—Coquihalla B.C.

Conservative

Dan Albas ConservativeParliamentary Secretary to the President of the Treasury Board

Mr. Speaker, I appreciate the member opposite's speech today. He is talking about an energy strategy. Obviously, he says that the NDP seems to now support a west-east pipeline, so I am glad to hear that.

In that case, I would ask the hon. member if he would then be supporting Bill C-3, an act to enact the aviation industry indemnity act and so on, particularly part 5, which would amend 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. This is an area of regulation that does need to be increased. We want to have sensible policies to make sure we do have a strong energy security plan going forward. I ask the member if he will support that bill and if his party supports that bill, because it is very reasonable.

Second to that, the fact is that the way the market works, if we cannot go through a pipeline, the other options are things like railways, trucking and so on. Does he understand that by opposing all pipelines that go north-south or that would go to international waters, he is actually putting that product to other lines that are not as safe as pipelines? I would just ask him to think about those things, because most trains go right beside streams and lakes. Has he considered that, and has he considered that the methods the NDP is using right now would actually cause more challenges for our product environmentally?

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 6:25 p.m.
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Liberal

Ted Hsu Liberal Kingston and the Islands, ON

Mr. Speaker, the concern that my colleague from Winnipeg North just expressed is very important and it worries me. The government has a record of not really allowing amendments to occur at committee. My colleague mentioned that the legislation affects the transport of Canadian energy to market. It seems to me that because of that we should do a very careful job with the legislation.

Would my hon. colleague agree with me that it is especially important, because of that fact, that the government seriously consider amendments at committee on Bill C-3?

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 6:25 p.m.
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NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, our hon. colleague from Winnipeg North mentioned earlier that he spent some time in the Canadian Armed Forces. Therefore, I thought I would ask him his opinion on one aspect of Bill C-3 that we in the NDP think should be looked at carefully in committee.

In part 2, under section 19, it appears that the military is now being given the traditional Transportation Safety Board investigative powers in the event of an aviation accident involving the military. If we assume that might involve a military-civilian incident, the question then becomes whether the rules that the TSB used to have to follow, including making its report public, would apply to this new military process. At the moment it appears the military only has to report to the minister of defence.

Therefore, given his experience and interest in this kind of issue, does my colleague from Winnipeg North think we should make sure that reports of any incidents involving military and civilian aircraft are made public in the fashion of the TSB?

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 6:05 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is a pleasure to rise today to address Bill C-3. It is an interesting bill, to say the least.

I have some opening remarks that I would like to get on the record regarding what I think are some interesting points.

First, it is important to note that here we are in day two of debate, and I give credit to the government as it has not yet introduced time allocation. I think that is an encouraging thing. I hope that I do not precipitate the government bringing in time allocation, but I think it is important to recognize that it has not.

The other interesting thought I want to share with the House is in regard to the name of the bill. It is an interesting name, the safeguarding Canada's seas and skies act. If one has listened to a lot of the debate that has taken place today, there has been a great deal of discussion about our environment and oil, and the importance of those two issues. I plan on adding some comment on that.

Suffice it to say that I believe there is someone somewhere within the Prime Minister's Office, who I suspect gets paid quite well with tax dollars, whose job it is to come up with creative names for the legislation that comes before the House of Commons. I have had the opportunity to briefly go through the bill and I never would have thought of it as being the safeguarding Canada's seas and skies act. To me, that is not necessarily the most appropriate name.

When I think of the bill, after having gone through it somewhat briefly, a lot of the changes are of a very technical nature. In fact, members will find more substantial changes to legislation affecting our waterways or our environment in budget legislation. We have had three huge budget bills that contained, for example, changes for our waterways. Hundreds, if not thousands, of waterways were profoundly affected by using the back door of a budget bill to make significant changes to our waterway and environmental legislation.

Of course, we had a bill within the budget bill, Bill C-38, which was passed, that I thought was quite an interesting change. I think very few people picked up on it, but it was a fairly significant change. In essence, it allowed the cabinet to get more politically involved in pipeline projects by getting the final say. As opposed to allowing our National Energy Board to review and base decisions on science and the best interests of the environment, we had legislation, again brought through under the pretense of a budget implementation bill, that made quite a significant change in allowing the cabinet to make the decision. The bill took the decision out of the regulatory regime and ultimately it now rests with the cabinet. Again, this was something that was done in a budget bill.

Having said that, I want to respond to a lot of the comments made by members of the New Democratic Party particularly, and to a certain extent members from the Conservative Party, that I found quite interesting on the whole issue of oil and the impact oil has on our environment. This has been widely covered in the discussions. The transportation of oil is of national interest. It is not something that Canadians take lightly. Indeed, it is a very serious issue that deserves a great deal of debate inside the House.

It has been interesting to follow some of the debate on this very important issue. Oil is a natural resource from which all of us have benefited immensely. Every Canadian from coast to coast to coast has benefited from Canada's ability to export oil. It is what has enabled us to pay for much of what we have today. It has improved the quality of every Canadian's lifestyle. It is encouraging when we see developments where we have capitalized on this wonderful natural resource, whether in Alberta, Newfoundland and Labrador, Nova Scotia, or Saskatchewan.

It is also important that we behave responsibly with respect to our environment and the way we transport that oil, whether by train, pipeline, or ship. There are areas we can improve upon.

I have been following the debate on the Keystone issue, as have many Canadians. What I like about Keystone is that it has shown the different types of leadership for each political party. All three leaders have gone to the United States to deal with the transportation of oil via pipelines.

On the one hand, the leader of the New Democratic Party, a while back, went to the U.S. and dumped all over Canada, and to a certain degree, our natural resources. I do not think it went well.

The leader of the Liberal Party went to Washington and talked about the benefits of Keystone for both Canada and the U.S., with an emphasis on the benefits to Canada and how important it is that we also pay attention to our environment.

The Prime Minister, bypassed Washington and flew to New York. In New York, his statement was that the government would not accept no for an answer. I suspect that this profound statement by the Prime Minister in New York did not keep President Obama up late at night. Given the importance of Keystone to all the stakeholders, I believe that the Prime Minister should have gone to Washington, discussed it in a conciliatory fashion, negotiated in good faith, lobbied, and shown concern for the environment.

Pipelines are important for transporting oil. If it were not for the pipelines, the amount of train traffic would increase substantially. We are all aware of the rail lines and the number of accidents that have occurred.

We need to do a lot more in terms of rail line safety and ensuring that communities, where there is a high density of population, or even a low-density population, or a pristine environment, whether it is lakes or rivers, are being protected. We could do a whole lot more in ensuring a secure environment in the transportation of oil in our pipelines and on our trains.

When we look at the specifics of Bill C-3 in terms of what it would do, and when we reflect on what I have stated, I am suggesting that once it is all said and done, we could have done a whole lot more in taking that—and I often use these words—holistic approach. I do believe that it is an applicable term for this piece of legislation. I believe we could have taken a larger holistic approach in dealing with these issues, as opposed to it being done in a piecemeal fashion.

In order to illustrate that, I thought I would highlight specifically what is inside the legislation. This way the House will get a better understanding of why I am suggesting it should have been a stronger holistic approach.

In essence, the bill is broken into four different parts. Part one deals with the minister undertaking to indemnify all aviation industry participants. This gets back to the whole issue of terrorism and war risks. The issue of insurance has become a very hot issue in what role the government should and could be playing. This is something that has been deemed necessary. From what I understand, the government in the past has attempted to bring it in, and it has incorporated it into this bill. I suspect the genesis of the idea might be the whole 9/11 issue and the cost that followed 9/11 in terms of insurance. There is some benefit in acknowledging that part one is an important part of the legislation.

We would go on then to part two. I thought part two was interesting. It mentions that new powers, comparable to the powers exercised by the Canadian Transportation Accident Investigation and Safety Board, are being given to the Canadian Forces air worthiness investigation authority to enable it to investigate military-civilian occurrences. Again, this is something that is hard to argue against. Based on my understanding and what has been provided to me, this is a movement in the right direction.

I was a member of the Canadian Forces for a few years. The area I was posted to was squad 435 search and rescue, in air traffic control in Edmonton. I had the opportunity to meet with a number of pilots, navigating officers, radar officers and aircraft professionals, and I can tell the House that there is a high degree of incredible individuals who have a level of expertise that should and could be tapped into. I would think there is some merit in what is being proposed here, and to that extent, there is merit for part two.

We then get into an area in which there has been a great deal of discussion today. That is the area I was referring to on the Canada Marine Act. In relation to the effective date of the appointment of a director of a port authority, we need to recognize we have 18 Canadian port authorities that are operating in Canada.

We are seeing a little more clarity in the appointment process in relation to the effective date of an appointment for the director. There is some merit there. When I say “merit”, it does not necessarily mean it absolutely, definitely should happen; I mean that there is benefit in allowing the bill to go to committee, and in principle I am supporting that aspect of it.

Part 4 is a very important aspect of the bill, and I suspect it is one of the reasons we are getting so much discussion on it. Hopefully I will be able to get through reading this part, because it is important.

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, in particular a couple of clauses.

The MLA provides for the liability of ships' owners and operators for damage caused by pollutants. In particular, it implements in Canada the liability scheme established by the International Convention on Civil Liability for Oil Pollution Damage; the International Convention on Civil Liability for Bunker Oil Pollution Damage of 2001, which is known as the bunker convention; and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, and in 2003, the protocol to that convention, the acronym being the IOPCF convention, creating the international compensation fund and a supplementary fund to compensate for oil pollution damage covered by the CCL and the bunker convention.

That, in my mind, emphasizes just how important it is for us to look at the whole issue of oil transportation. That is the reason I spent some time talking about the ways in which we transport oil. We have a lot of control here in Canada through our rail lines. We have control through our pipelines to properly regulate and protect. Where it becomes more challenging is once we get to our oceans and our ports.

It can be very difficult to ensure that we are providing the type of diligence that is important and providing the resources that are necessary for enforcement. We talk about what takes place within the line of responsibility, I believe 200 miles from our coastline, and we anticipate that it will be extended. We have to have an insurance scheme in place, which could lead to a wide variety of revenue sources to support it, but we have to have compensation sufficient to clean up the oil spills that will take place.

There are vast amounts of oil in our oceans today, and the question is what is actually being done to clean up that oil. Not only do we have a responsibility for Canada and our shorelines in that 200-mile zone, but I would argue that we can go beyond that. That is why it is important as a nation that we should be leading some dialogue on how we can have an impact on cleaning up oil spills throughout the world, whether it is the Atlantic Ocean, the Pacific Ocean, or any other international body of water where the restrictions are not as strong. The need is still there, and the Canadian public want and desire strong leadership on this issue.

That is one of the reasons I believe the government could have come up with more substantial legislation to deal with the many concerns that Canadians have on this very important issue.

Mr. Speaker, I thank you for the opportunity to share a few thoughts and words.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 5:45 p.m.
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NDP

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 5:35 p.m.
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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I will be sharing by time with the hon. member for LaSalle—Émard.

I am pleased to rise in the House 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.

As we can see, this bill has a long title. Bill C-3 is an omnibus bill that seeks to enact or amend five pieces of legislation. For the benefit of those watching us, I will try to summarize it. The first part implements the Aviation Industry Indemnity Act that has allowed the Department of Transport to compensate certain airlines for any war-risk losses, damages or liability. As a result, the government can cover the cost of damages related to unlawful actions, such as rebellions, attacks or armed conflicts. The goal is to ensure the continued operation of Canada's major aviation services in the event of seizure, regardless of whether stakeholders are able to obtain insurance at that time.

With respect to Part 2, 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.

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.

Part 5 amends the Canada Shipping Act, 2001, by imposing new requirements on operators of oil handling facilities, including the obligation to notify the minister of their operations, and submit their plans to the minister.

Part 5 thus introduces a new requirement whereby the operators of oil handling facilities must submit to the minister a response plan, civil and criminal liability for response organizations engaged in response operations, the application of new measures and monetary sanctions, with new investigative powers for Transport Canada investigators.

After initial review of this omnibus bill, and despite the rejection of our proposal to expand its scope, I offer my qualified support for Bill C-3 at second reading, while drawing attention to the Conservatives’ lack of credibility with respect to marine and aviation safety issues, and their contradictory policies.

As the saying goes, this Conservative government does not put its money where its mouth is. This has become the trademark operating mode of this Conservative government. This bill is an attempt to make up for its lack of credibility in the area of transport safety, particularly with respect to tanker traffic on the West Coast and growing opposition to the Northern Gateway pipeline, first proposed in 2006.

This bill also implements 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 government is trying to make up for lost time, which is unfortunately difficult to do. In the fall of 2012, two large ships at sea off the West Coast were wrecked because of the current volume of traffic. The amendments proposed in this bill are not enough to prevent a catastrophic spill. The context of the bill puts the emphasis rather on administrative organization and a real failure to improve the environment. Mr. Ben West of ForestEthics Advocacy has said that we have moved ahead quickly in the wrong direction on this matter.

If the Conservative government was really concerned about safety, why did it not apply what was agreed to under the 2010 convention immediately? If Bill C-3 was really designed to promote greater safety with respect to oil tanker traffic, a Conservative government should have seized the opportunity to cancel the cuts in the most recent budgets and the shutdown of marine safety programs.

The NDP is committed to the polluter pays principle. We also want to strengthen the petroleum boards' capacity, which is currently zero, to deal with oil spills, as recommended by the Commissioner of the Environment and Sustainable Development. In addition we want the Coast Guard to be required to work with its U.S. counterparts and to conduct a parallel study to examine the risks resulting from additional tanker traffic in Canadian waters.

It is appalling that this government is constantly making cuts in structures that have proven effective in the past, or that it is closing them, just as traffic increases and the ships carrying oil and potentially hazardous substances get bigger.

I wonder what is the idea behind the bill before us. I moderately support the bill, but I would like it to go to committee and have experts speak out on parts 4 and 5.

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 / 4:30 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 / 4:15 p.m.
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NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, after my colleague’s speech, there is not a great deal more for me to say. He clearly outlined what we want to know about 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.

There is a great deal of confusion at the present time over Bill C-3 and Bill C-57. We all know that is because the Conservatives prorogued Parliament. Today we find ourselves debating legislation that was outstanding when the last session of Parliament ended. Bills were brought back before the House and given new numbers. That explains the confusion. I just wanted to mention that in case anyone following these proceedings might be confused.

That being said, I do want to point out that the NDP is supporting this bill at second reading because it provides for modest improvements to marine safety. Obviously it is difficult to be opposed to something positive. Because it provides for modest improvements, we are prepared to move forward. However, the bill clearly falls short of what we had hoped and expected legislators to do, and obviously of what needs to be done.

Before voting in favour of Bill C-3 at second reading, the NDP had called for it to be referred, prior to second reading, to a committee where consideration could be given to incorporating more comprehensive measures to protect Canada’s coastlines and to neutralize or reverse to some degree the impact of Conservative cutbacks and closures affecting marine safety and environmental protection.

The issue of marine safety is obviously one that is very close to my heart, as the member for Québec. In fact, I have been calling on the Conservative government since 2011 to reverse its decision to shut down the Marine Search and Rescue Centre in Québec City. More importantly, it is the only officially bilingual centre in Canada and in North America.

I also have to say that the centre in Quebec City, which was established more than 35 years ago, was put there specifically to accommodate staff with intimate knowledge of the geography of the St. Lawrence River, the Gulf of St. Lawrence and all its nooks and crannies. The expertise developed there was substantial. I realize that for the Conservatives, expertise represents a cost that you have to slash to achieve a zero deficit.

Yet expertise is a value that contributes much more than that. That is why in this case, too, I am concerned when I see cuts made with no thought given to the investment required to protect our fellow citizens on land and at sea.

When the Quebec City maritime search and rescue centre was established, it was also a means of protecting essential services in French, now threatened by this Conservative majority government, which believes it can get away with anything.

We also know that in Quebec City, fully bilingual staff are not to be found in the centres. The decision was made to close the centre in Quebec City and transfer half the calls to Halifax and the other half to Trenton. It was also decided to transfer calls from Cap-à-l'Aigle west to Trenton, and from Cap-à-l'Aigle east to the centre in Halifax.

However, the decision made in 2011 has so far generated huge costs in logistics, competitions and job offers to find people who are competent. Efforts have been made to recruit people, but experts do not come in a Cracker Jack box. Experts are really hard to find because it takes years of experience, specific qualifications and academic credentials to build that kind of expertise.

When they sought to transfer the centre from Quebec City to Trenton, they relaxed the selection criteria in order to find recruits. According to the latest information, they nevertheless still have not found the staff they need in Trenton to handle the calls. In Halifax, the people are not yet sufficiently qualified.

In Halifax, a rescue drill was held last February. I gave a press briefing, one of many about the Quebec City centre. The rescue drill, which was billed as normal procedure, was a complete failure because, for a normal operation, it seems that they unfairly increased the number of people assigned. In spite of that, the bilingual coordinator was reportedly overwhelmed; people involved who thought they could operate just as well in French as in English were completely powerless to cope with the work to be done; there were also complaints about a lack of familiarity with the St. Lawrence, a river with a long history.

Even in the time of Jacques Cartier, there were difficulties in navigating some parts of the St Lawrence. It is a distinctive river. There are strong currents in some locations, and some parts of the river have yet to be charted. Some parts are familiar to people who use the river, but are not necessarily to be found on the numerous technical applications for navigation. That tells you how much we need experts familiar with such details, which are not always incorporated into any kind of device.

Despite the failure experienced last February, the Conservatives had decided to press on, even with failure after failure. They are transferring the Quebec City centre to Trenton and Halifax, even though nothing is right, and nothing is working after so many years. Yet they were told. What is more, there was no public consultation on the matter and there was no impact study before the decision was made. We understand, moreover, that the minister never visited the centre in Quebec City to see the work being done on site.

Whatever bill we are discussing in the House, whether it relates to transport, health or employment insurance, I am always surprised that impact studies are not carried out, and people are not consulted: neither the provinces, nor the municipalities, nor the experts in the field. No. The government believes it is right, and goes ahead and makes the decision. This is regrettable, however, because what leads us to make wrong decisions is the belief that we are right, and that we are capable of handling everything ourselves.

Nevertheless, hundreds of resolutions were adopted across Canada by associations of pilots, fishers, enthusiasts, pleasure boaters and front-line people in favour of keeping the Quebec Marine City Search and Rescue Centre open. A motion was adopted unanimously in the Quebec National Assembly. Resolutions by a number of municipalities, including the City of Quebec and everywhere else, even in eastern Canada, for example, called for maintaining the centre. Despite this, the government always turns a blind eye.

You cannot reduce services and claim to maintain them by saying that nothing will change. It is untrue. Whenever I hear the Conservatives talk, I get angry because I say to myself that they understand nothing.

In this case, whether it is the Coast Guard or the veterans that are involved, there is no app for it. You cannot say that people will manage by going on line, and everything will be done automatically. No, you need experts, you need people who can answer questions and who operate in the field. That is what is important. That is what needs to be understood in the case of Bill C-3, but also in all the decisions the government may make.

In closing, the bill seems to be part of a concerted effort by the Conservatives to address their lack of credibility in the area of transport safety. We in the NDP know very well, however, that transport safety is not something the Conservatives do.

Safeguarding Canada's Seas and Skies ActGovernment Orders

November 4th, 2013 / 4:10 p.m.
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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, my colleague is absolutely right. It is not an either/or situation in terms of our coastline and of our environment versus natural resources. However, we have to recognize the impact that developing our natural resources can have on our oceans and ecosystem. If we damage our ecosystem, it will take hundreds of years to get it back. We know that.

That is the concern I have raised before about the changes the Conservatives are making to the Fisheries Act and its ability to protect fish habitat.

Fish habitat is such an important part of the ecosystem. If we have a major spill on either one of our coasts, it would be devastating. Unfortunately, the government is taking away the tools it has at its disposal by the changes it has made to the Fisheries Act. The government is not taking an opportunity to beef up the tools it has through bills like Bill C-3 to ensure we can protect our coastlines, our environment, our ecosystem and our fish habitat that sustained so many thousands of communities from one end of the country to the other on all three coasts.

Safeguarding Canada's Seas and Skies ActGovernment Orders

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

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, I am pleased to stand and speak for a few moments on Bill C-3.

I want to commend my colleague, the member for Shefford, for his comments. He and I have worked together on fisheries and oceans. I know he is deeply concerned about these issues as they impact his constituents. He has worked very hard and continues to work very hard in their interests.

The title of Bill C-3 is interesting. It is the “safeguarding Canada's seas and skies” bill. Once again the Conservatives are all talk and very little action. While members have indicated that we will be supporting this bill and moving it through second reading, it is only because it makes very modest improvements. In the time I have, I want to speak about the need for us to do a better job of protecting our oceans.

Jacques-Yves Cousteau once said, “For most of history, man has had to fight nature to survive; in this century he is beginning to realize that, in order to survive, he must protect it.”

Today that means protecting our oceans from ourselves.

Before I go any further, I want to indicate that I will be sharing my time with the member from Quebec.

Canada is the steward of more than 7.1 million square kilometres of ocean and the world's longest coastline, stretching over 244,000 kilometres across three oceans, yet we remain grossly unprepared for disasters off our shores. The bill, as I said, contains only modest improvements in marine security at best, and it does very little to respond to Canada's lack of preparedness for oil or chemical spills.

My NDP colleagues and I take the protection of our oceans very seriously, and that is why we proposed to broaden the scope of this bill to make real, comprehensive changes to protect our coast. Not surprisingly, the members opposite, the Conservative government, rejected our proposal.

It is fair to say that Canada, in many ways, has been lucky to date, in that we have not had a significant spill off our coast, because over 20 years of reports have told us that we are simply not ready.

In 1990, following the 1989 Exxon Valdez disaster, the Brander-Smith report came out regarding tanker safety and marine spills response capabilities. This report had three major findings: first, Canada did not have the capability to respond effectively to a spill, regardless of where in the country it was; second, based on tanker traffic, Canada could expect over 100 spills of various degrees every year, with a significant spill once every 15 years.

In reality, this number was greatly underestimated. Between 2007 and 2009 alone, a total of 4,160 spills of oil, chemicals, and other pollutants were reported.

The third major finding was that the risk of spills was highest in eastern Canada.

These findings are nearly the same as those identified in the 2010 report of the Commissioner of the Environment and Sustainable Development. In this report, the commissioner found that while Transport Canada and DFO have carried out risk assessments related to oil spills, they can provide no assurance that the federal government is ready to respond effectively to a spill.

He also identified that eastern Canada remains most vulnerable for a spill. The Deepwater Horizon incident in 2010 resulted in an estimated 4.9 million barrels of oil being spilled into the Gulf of Mexico. It is estimated to cost $40 billion to clean up this spill over an unknown number of years.

This disaster needs to remind us of how quickly an oil disaster can occur and how costly the cleanup can be.

In Canada, we currently have a liability cap of only $40 million. While the Conservatives committed back in June to increasing this cap to $1 billion, we have yet to see any action on that commitment, and we can appreciate the fact that if we had a spill like the one in the Gulf of Mexico, $1 billion would be only a fraction of the money needed to deal with the disaster.

We need real action to protect our oceans, and we need it now. Canada should be a world leader when it comes to oil spill preparedness, not a reluctant follower of international requirements. We have too much at stake—surely we all recognize that—and too much to lose when it comes to protecting our oceans and their resources. Many of our coastal communities depend on a healthy ocean for their livelihoods, and we understand clearly that Canada's economy benefits from clean coastal resources.

I am the member of Parliament for Dartmouth—Cole Harbour in Nova Scotia, where a couple of big companies are moving to develop resources off our coast. Billions of dollars have already been put on the table by Shell and BP just for the right to begin to dig; that is how confident they are of what they are going to find. The Province of Nova Scotia has extended the moratorium on Georges Banks against exploration and development, but the federal government has failed to respond. All of these things are indications that the government is failing to act quickly enough.

Earlier today in question period, I talked about the changes the government has made to the Fisheries Act. The gutting of the Fisheries Act is putting the development of natural resources above the protection of our oceans and marine life. Members opposite know this only too well. It is going to take a disaster of the kind I am talking about to bring it to their attention once and for all.

When we consider the reports that have been written and the science that has already been presented that indicate to us very clearly the dangers that lie on our three coasts, do members opposite not agree that now is the time to move forward? Let us not wait for another report. Let us not wait for a disaster to bring to our attention the fact that we had the opportunity but did not move quickly enough.

Let us not do that. Let us be a leader. As we move this bill forward, let us take the opportunity at committee to bring in expert advice and make the kinds of changes that we advocated for previously when this bill was before the House, to give it teeth, to give it a real commitment, to recognize that we have to do so much more to protect our coastlines if we are going to be developing our natural resources.

Let us not wait for another disaster. Let us not wait for another example of why we need to act, whether it is in the north, as the member for Western Arctic talked about, or in the St. Lawrence, as my colleague from Shefford talked about. Let us move now. I urge the government opposite that when this bill goes forward, passes at second reading, and goes to committee, let us make sure we make efforts to expand it to make it more encompassing so that we can truly protect our oceans once and for all.