An Act to amend the Canada Shipping Act, 2001 (wreck)

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

Sponsor

Jean Crowder  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of May 13, 2015
(This bill did not become law.)

Summary

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

This enactment amends the Canada Shipping Act, 2001 to strengthen the requirements relating to wreck by ensuring that regulations are made to establish measures to be taken for their removal, disposition or destruction. It designates the Canadian Coast Guard as a receiver of wreck for the purposes of Part 7 of the Act and requires receivers of wreck to take reasonable steps to determine and locate the owner of the wreck.

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.

Votes

May 13, 2015 Failed That the Bill be now read a second time and referred to the Standing Committee on Transport, Infrastructure and Communities.

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:55 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, it is a great honour for me to partake in today's debate, especially since I am speaking here today as a proud coastal member of Parliament who comes from a neck of the woods just south of the riding of the member for Nanaimo—Ladysmith. My riding, Cowichan—Malahat—Langford, and my colleague's riding together formed what was known as the riding of Nanaimo—Cowichan.

This is a problem that coastal people have been dealing with for far too long, no matter what part of Canada they live in. Abandoned vessels not only pose threats to our environment, and in some cases threats to navigation, but they are an eyesore. They cause real harm to communities that are trying to build up an image of a sustainable community, a place tourists would want to visit.

I spent seven years working as a constituency assistant to former member of Parliament Jean Crowder in the riding of Nanaimo—Cowichan. As a constituency assistant, I was often on the phone with constituents who were outraged at the runaround they were getting and the jurisdictional finger pointing. They had gone to the municipality and to the regional district. They had gone to the port authority, to the province, and to the federal government. Every one of those agencies basically pointed at someone else, saying, “It's not our problem.” All those calls and the many years of problems building up prompted Jean Crowder to take action, and I will get to that in a moment.

I want to go over a bit of the history of how my particular community has experienced this problem. Right in the heart of my riding is lovely Cowichan Bay. I hope some members in the House get a chance to visit Cowichan Bay. It is a quaint, ideal little place on the coast. It has a great history of being a big industrial area that transformed itself into this great little community, which tourists come to every year by the droves.

We have had our ordeals with abandoned vessels. I will go back to the Dominion. The Dominion was a large Japanese fish-processing ship, which was towed to Cowichan Bay in 2007. The new owner of the vessel thought that he could buy it as an investment, sell it a few years later, and make a quick buck off it. Unfortunately, the Dominion stayed in Cowichan Bay from 2007 until 2013. It was filled with a variety of hazardous substances. It was subject to vandalism. There was the constant danger, whether from high tide or strong storms, of that gigantic ship coming loose off its mooring and plowing into other ships.

We had the SS Beaver, which was in such dilapidated condition that it sank in 2014. It still rests at the bottom of Cowichan Bay.

As a result of the lack of action, last year six derelict vessels were removed by the combined efforts of private companies. These companies were sick and tired of no government authority taking responsibility or having the resources to remove them. I want to recognize Western Forest Products, Western Stevedoring, and Pacific Industrial & Marine for taking on that initiative as responsible corporate citizens of the area. It affects their livelihoods, too, and they had the means to get it done. However, it should not have come to that.

I also want to give great recognition to Lori Iannidinardo. She serves as the area director for Cowichan Bay in the Cowichan Valley Regional District. A lot of individuals have been involved in this fight over the years, but as the area director, she has had the unique position locally of bringing so many stakeholders together, along with public and community forums, and pushing for action. Lori and Jean worked together hand in glove to try to address this problem.

Now let me turn to the efforts of Jean Crowder in the 41st Parliament. She introduced Bill C-231 in 2011. She saw a way to improve her bill, and it ultimately turned into Bill C-638, which had its opportunity for debate and a vote at second reading at the tail end of the 41st Parliament.

I will note that the Liberal Party at that time voted in favour of this bill, and among those members, there was the Prime Minister, the Minister of Transport, the Minister of Fisheries and Oceans, and others. In fact, there are various ministers, parliamentary secretaries, and chairs of standing committees in the House today who back then supported this bill. We are happy to see Bill C-64 moving ahead, but as the member for Nanaimo—Ladysmith has so clearly laid out, there are a lot of gaps that her private member's bill certainly could have filled.

I am happy to say that after years of advocacy, New Democrats and the coastal communities have really informed our work, and all that work is finally paying off. We are very proud that the action to clean up our coasts and waterways from abandoned vessels are finally under way.

I will now turn to the 42nd Parliament, the one we are in now, and the efforts of the member for Nanaimo—Ladysmith. The first version of her Bill C-219 very much built on Bill C-638, which was introduced in the previous Parliament. However, after a lot of consultation with different coastal organizations and coastal communities, she really took their feedback, which is evidence-based decision-making and evidence-informed policy-making. She incorporated their suggestions, because these are the people who are on the front lines, and introduced Bill C-352.

One of the greatest privileges we have in this place as private members is our ability to bring forward legislation on behalf of our communities. What is really unfortunate about last year is that the Liberals denied her the ability through the procedure and House affairs committee, and then the secret ballot that we had here in the House of Commons, to effectively advocate on behalf of her constituents and various coastal organizations in this place. We know it was the Liberals, because that is where the majority of the votes are coming from, who denied her the ability to at least bring this bill forward for debate and a vote. They deemed it to be non-votable, and argued that Bill C-64 covered all the conditions. In fact, we can see that her bill was actually filling in the gaps that are very apparent in Bill C-64.

However, New Democrats do not give up when they face set backs, and so the member for Nanaimo—Ladysmith tried to work at committee. She brought forward a series of amendments to Bill C-64 to actually strengthen the bill and make it reflect the conversations that she had had. We wanted to implement a vessel turn-in program, create a dedicated fee to help the cost of vessel disposal, and we wanted to formalize the Coast Guard's role. The Coast Guard's main role is to guard our coast, but I would argue it is not only to guard against smugglers but also to make sure that our coastal environment is safe, sound, and environmentally secure. She tried to make sure that we could copy Washington state's model, because we do not need to reinvent the wheel. We have many other jurisdictions, one right in Washington state, and we could basically borrow the best elements from its program and transpose them here in Canada. She also wanted to try and give the receiver of wrecks the responsibility and accountability to determine the owner.

Every single one of those amendments was defeated by the Liberals in spite of all of the testimony that we had heard at committee. That is the real shame of this. The Liberals in the previous Parliament were fine to go along with the provisions that were included in this bill, but once they got into government, and flying in the face of the evidence they heard, they refused to go ahead with that.

The bill from the member for Nanaimo—Ladysmith was endorsed by the Union of B.C. Municipalities, the Association of Vancouver Island Coastal Communities, the City of Victoria, the City of Nanaimo, the Town of Ladysmith, over 20 more local governments, the Nanaimo Chamber of Commerce, Vancouver District Labour Council, and the BC Ferry & Marine Workers' Union. These are organizations and local governments that deal with this problem and confront it on a daily basis. To have those kinds of endorsements behind the member for Nanaimo—Ladysmith really speaks to her perseverance, and it is sincerely unfortunate that the government did not allow those.

I will conclude by saying that we are not going to throw the baby out with the bathwater. We will support Bill C-64, but I hope the government will at least listen to us and accept our amendment at report stage so that we can at least have some accountability for federally owned vessels, because that is a major loophole that exists.

Abandoned VesselsPrivate Members' Business

October 24th, 2016 / 11:30 a.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, as a proud representative of a coastal community on Vancouver Island, I am pleased to stand today to speak to the motion. I would like to thank the member for South Shore—St. Margarets for bringing it forward.

This motion is a good step in the right direction, as it certainly encourages the government to create a mechanism to assist in removing abandoned vessels. As we all know, the NDP has worked on this issue for many years now. My colleague from Nanaimo—Ladysmith has tabled Bill C-219, which I think will take the real action needed to solve this problem.

There are so many different stakeholders involved in this issue. Many members of the House are involved, but it is of real significance to members who are lucky enough to represent coastal communities, and even to members who have large lakes or rivers in their ridings, because wherever there is a standing body of water that is navigable by a vessel, that body of water is in danger of having abandoned vessels left in it.

I worked on this issue for many years in my riding when I was a constituency assistant to Jean Crowder, the former member of Parliament for Nanaimo--Cowichan, and it is something that does not seem to go away, so I am really glad to see the House taking this issue much more seriously than in previous years.

My riding of Cowichan—Malahat—Langford is home to a long stretch of Vancouver Island's coastline, both on the east coast and on the west coast. There are places where there are many abandoned, derelict, half-sunken, listing boats that can easily go down in a storm. In fact, in 2014, we had the story of the SS Beaver II, which basically rolled over and sank in Cowichan Bay. It had been identified as a hazard for many months previously, and lo and behold, the thing sank, not to much surprise.

Before that, residents of Cowichan Bay had to deal with the Dominion, a trawler that was basically towed to Cowichan Bay and left there for five full years. It was left there so long that thieves stole fuel from it and started doing damage to the boat, It was listing. It became such a concern and there was such a concerted effort from the community that we finally had the Coast Guard come and take the vessel away.

It is an old problem. It is one that seems to be getting worse. There are a growing number of abandoned vessels on Canada's coasts. Boats are getting older every year, so this is a problem that gets worse over time. The longer we leave this problem, the higher the cost of taking care of the problem will be and the greater the number of vessels we will have to deal with.

Transport Canada has conducted some surveys on the breadth of the issue. It has a list of over 600 abandoned vessels of various types and sizes, but I am sure that the actual number is much higher now, and it is expected to go up.

Furthermore, not every municipality has had the chance to respond. In British Columbia, the last report listed 245 vessels, but that was only from the municipalities that bothered to respond.

A number of proposals came forward in the House in previous years. In 2010, Keith Martin, the Liberal member of Parliament from Vancouver Island, moved a motion for the government to strengthen legislation to deal with derelict vessels and also to impose penalties to recover the cost of cleanup from registered owners.

In the 41st Parliament, Jean Crowder moved two bills. One of them had to come back on the Order Paper because of prorogation, and unfortunately, it was defeated by the Conservative government at the time. I would certainly hope that our Conservative colleagues are having a bit of a change of heart in looking at this issue, because I think it is a non-partisan issue. It is about taking real action on behalf of all coastal communities.

I want to point out to my Liberal colleagues that a number of them still sit in the House today who voted in favour of that bill, Bill C-638. Of note, the current Minister of Fisheries and Oceans, the Minister of Transport, the Minister of Indigenous and Northern Affairs, and the Prime Minister are all on record as having voted for that legislation, and I will expect to see their votes stand up in this Parliament when we get to Bill C-219.

In 2015, in the dying days of the 41st Parliament, we had a half-hearted attempt by a Conservative backbencher, Conservative MP John Weston, to bring in a bill. It had a legal fine of about $100,000 and jail time for those who abandoned, but it was too little too late, in my opinion.

We have had action from the NDP, the Conservatives, and the Liberals on this issue. It is certainly one that all parties are very well aware of.

I will be voting in favour of the motion, but I want to make sure that the House is aware of the contrast between this motion and the bill from my colleague for Nanaimo—Ladysmith, Bill C-219. The Liberal motion points to the need for a legislative solution, but unfortunately, it does not compel the government to act.

Motions are great, but we have to look at the very first line, which says, “That, in the opinion of the House”. The government of the day is not bound to follow this motion. It is not a binding motion. I will take note of all the MPs who support it, and it will be great to contrast that with Bill C-219 later to see if the action will be there to back up the words.

The motion compels the federal government to act only if there is an imminent danger. The issue is the fact that the federal government is the only body that can designate someone to intervene before a vessel becomes a hazard. This means that the responsibility falls on us to protect our coastlines. I appreciate the wording of the motion, but I think we need to have further action, and that is why I really want to see action on Bill C-219 later.

It is good to see that there is a six-month timeline in the motion. Hopefully, we will see the government stick to that. I think vessel owners certainly need to be educated about identifying the problems that can come if vessels are abandoned, and so on.

The motion did have an amendment. Several amendments were proposed. One was from my colleague for Nanaimo—Ladysmith, and of course, the Liberals ended up amending their own motion.

The troubling amendment is this:

replacing the words “create a mechanism” with the words “identify mechanisms”

I think this shows that the government is actually a bit scared to take action on this file, because if we go from “creating a mechanism”, which is an action word, to “identifying a mechanism”, we are kind of giving the government a route out, and that, to me, is troubling.

The other removal by the Liberal Party was that consideration be given to “acceding to the Nairobi International Convention for the Removal of Wrecks, 2007”.

This is something that was recommended by Transport Canada in 2010.

We want to see the government take some meaningful steps on this problem. The motion from my colleague for Nanaimo—Ladysmith was that we see, within six months, the dismantling of any abandoned ships or wrecks that lie in waters that are a source of drinking water, threaten the environment, or obstruct navigation. I think that would have made the motion a lot stronger. Unfortunately, it was not passed, but again, we will have time to revisit this issue, hopefully by next year, with Bill C-219.

The problem at the heart of this issue has always been that we live in a land of jurisdictions, as every MP knows. Not only do we have three federal agencies that are responsible for this, Environment Canada, Transport Canada, and the Department of Fisheries and Oceans, but we also have conflict with the province, and sometimes with municipalities, first nations' territories, and even port authorities. I have seen issues in my own riding where there has been just a bunch of finger pointing. We just go around in circles. That is why taking action at the federal level and showing true leadership is so urgently needed.

We absolutely need to pass this motion, but more importantly, we need to compare what the Liberal government is prepared to do, when it comes to real legislation on this matter and their votes at the time, with what they did in the past.

We need to create more recycling facilities and support more salvage businesses. We certainly cannot, as my friend, the member for Courtenay—Alberni said, do this with a ship-by-ship approach. It is an urgent problem. If we do not deal with it immediately with concrete action, we are going to be affecting first nations' traditional waters. We will have more oil and sewage spills. Sensitive ecosystems will be affected as well as migratory bird and fish habitat. Of course, it will also affect tourism, which is so important to communities like mine. We get so many American tourists, and the last thing they want to see is an abandoned vessel that has been left on the beach or is listing off to one side.

If we do not take action, municipalities are going to continue to bear the burden.

The main issue with the motion is that it would be non-binding on the government. We hope that will change with a vote on Bill C-219 at a later point.

I would like to thank my colleague from South Shore—St. Margarets for bringing forward this important motion. She certainly has my support on it.

Abandoned VesselsPrivate Members' Business

October 24th, 2016 / 11:05 a.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Mr. Speaker, I am pleased to have the opportunity today to rise to speak on Motion No. 40 regarding abandoned and derelict vessels, which is a very important issue in my riding of Courtenay—Alberni.

I want to thank the member for South Shore—St. Margarets for bringing this motion to the House. I have had the chance to work with her and her staff on this issue. In fact, I have been to her riding and have seen derelict vessels first-hand. My children's grandparents live in her riding, and she knows them very well. We have something in common, which is a Canadian issue and a coastal issue.

I stand in support of this motion, but I feel there is a need for actual legislation on this issue. I want to make that clear at the beginning. Bills have been introduced in the House, in this and previous Parliaments, calling for legislation on derelict vessels. My colleague from Nanaimo—Ladysmith has introduced a bill that would strengthen the requirements of the Canada Shipping Act to make the Coast Guard the responsible authority for abandoned and derelict vessels. In the last Parliament, Bill C-638 was introduced by the former MP for Nanaimo—Cowichan, Jean Crowder, and it was defeated in the House. Both of the bills proposed creative solutions to deal with abandoned and derelict vessels in a concrete way.

I want to talk about how we got here and maybe about a bit of the history. I have something in common with my colleague from South Shore—St. Margarets. We are coastal people and come from fishing communities, where people rely on fish for their sustenance and way of life. For many years, fishing was an occupation that kept coastal communities afloat. It fed families and was a way of life. Over time, through the mismanagement of resources, lack of investments in science and boots on the ground, there was overfishing and lack of leadership. We saw the decline of Atlantic cod, Atlantic salmon, and Pacific salmon. We have seen a 25-year decline in Chinook, and the lowest return of sockeye salmon in the Fraser River this year.

This led to a buyback program over the last few decades on the British Columbia coast, and I will speak specifically about British Columbia on this issue now. Basically, fishermen got pennies on the dollar for their licences, and their boats were deemed worthless. At one time, boats could be bought for $500 or $1,000. Most fishermen were not able to take care of their boats. They did not have a lot of money from the buyback and could not maintain their boats. Also, at the same time, Canada was divesting docks through Transport Canada and there were increased costs for the moorage of boats. A lot of boats were being moored offshore, so to speak. Due to many of the boats not being taken care of, there has been a huge decline in the maintenance of ships.

We are in a crisis situation. Our boats are getting older and older. It is an aging fleet. People are not taking care of them, and now they are sinking. Over the last 15 years, it has become a huge problem. There is not one coastal community or municipality that does not have derelict boats that are sinking. It has become a huge problem.

Also, in British Columbia, in particular, housing is a huge issue, and real estate prices have gone through the roof. A lot of people are actually moving onto boats for short-term and long-term accommodation. Some do it as a way of life, but a lot of people are buying boats and living on them. The boats of fishermen who have passed on are sitting in the harbour and no one knows who owns them, or the people who have bought boats and are living on them temporarily move on and leave them. No one is painting the bottoms of the boats or maintaining them, and they are leaking.

The ocean is very important for tourism, the economy, the health of communities, the environment, and the ecosystems that we rely on. It affects coastal people's self-worth. When a boat goes down, people are confused about whose responsibility it is.

If it is a navigation issue or a safety issue, it is Transport Canada. If it is going to impact our fishing industry, it is the Department of Fisheries and Oceans. If it is an environmental issue, it is the Department of Environment. If it ends up on the land, on the foreshore, then it is the Province of British Columbia. First nations, local communities, are desperate for some leadership on these issues.

I will talk a little about what is happening in my community of Courtenay—Alberni. Just six months ago, we had a call about three boats that had sunk in Deep Bay. They were tied to a flotilla of derelict boats. When the divers went down to see if any of the three boats would have an impact on the local environment, there were two other boats down there that they did not even know about. There were five boats sitting on the bottom of the ocean, and this is not uncommon where I live.

They were tied to a boat that was listing, the Silver King, a 200-ton boat that had bunker fuel in it. I went out on a boat with director Bill Veenhof, from the Regional District of Nanaimo; Michael Recalma, from the Qualicum First Nation; and Vancouver Island Deep Bay marine institution staff; as well as a local business owner who employs 60 people.

Deep Bay is a small community on Vancouver Island. Baynes Sound, where it is located, provides 50% of the shellfish in British Columbia. If the Silver King went down, immediately the businesses and the research facility would have been shut down for a minimum of one year. The impact is significant to the local economy, the environment, and the community there.

We were grateful, and I want to thank the government for taking action. For 10 years, we have been trying to get rid of the Silver King. I want to thank the government for removing it. The Silver King was removed, and then we identified that the Sir Wilfrid Laurier, another boat, was sinking. It took a long time, but the government came along and helped us remove that boat too.

We cannot do this on a boat-by-boat approach. We know that that is not working. In fact, right now there is a boat, the Bluebird IV, which is submerged in water, but because it is not a navigation hazard or a hazard to the environment, no one is taking responsibility for it.

We know that we have to do better at creating a plan. I always try to tell people on land to imagine an analogy. There are a bunch of dead vehicles, but they are not on the Trans-Canada Highway, so they are not Canada's problem. They are not on regional district land, so they are not the regional district's problem or the province's problem. What if no one would take responsibility? They are not leaking oil, but are rusty, and are not having on the impact on the environment, so who cares?

We know what will happen. Eventually, they will be an environmental problem. They are going to bring down the self-esteem of the community. We need to do better than that.

I have outlined some of the concerns around that, and the problems we have had. We know that Transport Canada did an inventory of vessels in 2014 and found there were 600 vessels in Canada that pose a threat. There were 245 in British Columbia that are deemed a risk. More than 59% of vessels on the Canadian Register of Vessels are more than 30 years old.

I think about how we are going to go forward and how important this is. We live in a beautiful place. As coastal people, we rely on our ecosystems. When I go to communities in my riding and I see a mast sticking out of the water, or I see a boat that is half full of water, I think about the self-esteem of the community. I know that devalues communities. I think about the children. I think about how children feel when they see boats sinking or sitting on the shore, with no one cleaning them up. They feel that nobody cares and that Ottawa is pretty far away.

It is time for action, and I will support this motion. I hope the government will adopt my colleague's bill. Let us take some action to protect the environment, protect our economy, create safer oceans, and bring back our pride as coastal people, as Canadians. Let us do the right thing.

Canada Shipping Act, 2001Private Members' Business

May 13th, 2015 / 5:30 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

It being 5:30 p.m. the House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-638.

Call in the members.

The House resumed from May 6 consideration of the motion that Bill C-638, An Act to amend the Canada Shipping Act, 2001 (wreck), be read the second time and referred to a committee.

The EnvironmentStatements By Members

May 13th, 2015 / 2:05 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr Speaker, once again I rise to draw attention to the failings of the Conservatives when it comes to the west coast water protection.

When I first began working on water issues in the late 1980s, as the executive director of the Pacific Peoples' Partnership, one of our concerns was the rapidly growing great Pacific garbage patch, which at that time was as big as Vancouver Island and is now a monster of plastic garbage as large as British Columbia.

I was disappointed when the Conservatives reneged on their vote to ban the plastic microbeads that are so rapidly accumulating in our local waters. Residents in my riding, like those involved with the Peninsula Streams Society, are far ahead of governments when it comes to working to protect and restore water quality and fish habitat. ¸

That is why I introduced legislation to support local volunteers by restoring federal environmental protection for the Goldstream, Colquitz, and Sooke Rivers.

I am also disappointed that the Conservatives decided not to support NDP Bill C-638 to make the Coast Guard responsible for derelict vessels and for tracking down the owners to make them pay removal and clean-up costs.

We must act now to protect our water, fresh and salt, if not for the fish, if not for the whales, then, ultimately, for ourselves and our fate on this planet.

Canada Shipping Act, 2001Private Members' Business

May 6th, 2015 / 7:40 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I want to begin by acknowledging many of my colleagues and also members from the Liberal Party who are speaking up in support of this important piece of legislation. I have to admit to feeling some frustration after listening to the Conservatives outline a program that is clearly not working. If it were working, I would not have to stand here in this House and propose a piece of legislation to deal with the problem.

Throughout Canada there are hundreds of derelict vessels, both on coastal waterways and on inland waterways, and this is a problem for many members in this House from coast to coast to coast. I am baffled as to why the Conservatives will not support this first step, and I acknowledge it is a first step. In my brief period of time I want to tackle a couple of concerns that they raise.

First, there seems to be four main areas where the Conservatives say they cannot support the bill. The first one, they say, is that this would force the Coast Guard to deal with every derelict vessel, which would adversely affect their operational capacity. If they had read the bill, they would understand that I included a provision that would allow the minister to set out in regulations the circumstances where the receiver of wreck was not obligated to take measures to deal with a derelict vessel. By doing so under the regulatory process, that would allow the public to have a say in when they think vessels should be dealt with by the government.

Clearly, the intention of the bill is not to have the receiver of wreck, the Coast Guard, deal with absolutely every derelict vessel, but we already know the problems that provincial governments and municipalities are having, which has been ably outlined by members like the member for Esquimalt—Juan de Fuca, how difficult and complex it is for other levels of government to deal with this and that we do need some clear definitions about when a derelict vessel needs to be apprehended.

Second, the Conservatives say that the Coast Guard is not a stand-alone department. It is part of the Department of Fisheries and Oceans, so it cannot be made a permanent receiver of wreck.

Actually, under the act and the regulations as they currently stand, the minister can designate any entity or individual as a receiver of wreck. The status as a stand-alone entity does not matter because the power to designate still resides with the minister. The bill does not change the ability to have the minister designate a receiver of wreck.

Third, the Conservatives are claiming that the cost of dealing with derelict vessels will now be borne by the government and ultimately by the taxpayer. That is nonsense. We have already seen that the government is already having to pick up expenses. Again, the member for Esquimalt—Juan de Fuca pointed out the $40,000 that was spent in cleaning up a vessel, and then an additional $100,000 had to be spent in dealing with the derelict vessel when it had been torched and otherwise dismembered.

Nothing in the bill removes the obligation on the owner of a vessel to pay for its disposal. That is why the receiver of wreck must take all reasonable steps to contact owners before taking action, because those owners are responsible for paying the cost. As currently happens, every effort is made to track down the owners and have them pay for those costs, but we also know there are many cases where it is simply not possible to identify the owner. They are deceased, out of the country or whatever.

It still is incumbent upon the owners to be responsible. If we wait for all derelict vessels to become navigational or environmental hazards, the cost of dealing with them goes up. Again, we have seen that in cases. The longer a vessel remains derelict, the more costly it becomes to remove it. By giving a receiver of wreck the ability to contact the owner upon observing a wreck, this legislation may help prevent vessels deteriorating to such a point that the removal or disposal becomes a costly burden.

Finally, the government is proposing a public relations exercise that will tell owners about their responsibilities. I have to say, many owners already recognize that there is a life cycle issue with vessels, but part of the problem is, there is nowhere to recycle these older vessels. Again, my colleagues have pointed out, there is actually a business opportunity in recycling these vessels.

I am hoping that some members of the government will recognize that these derelict vessels are serious problems in their own riding and that they will actually have the courage to stand up and support Bill C-638 so that we could take the very important first step in dealing with a problem that the government has ignored for the 11 years that I have been elected.

Canada Shipping Act, 2001Private Members' Business

May 6th, 2015 / 7:35 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, I am proud to support this bill at second reading. This is an important issue for the people of Vaudreuil—Soulanges who live along the shores of Lac Saint-Louis and Lac Saint-François, where a wreck, the Kathryn Spirit, recently sat.

Lac Saint-Louis is located at the confluence of the St. Lawrence River and the Ottawa River. In the past 40 years, a number of developments have posed a threat to the health of our lakes. These threats to our rivers and lakes include very worn pipelines and urban sprawl. Wrecks are another threat to our lakes and rivers. A wreck is very likely to pose a threat to safety and the environment sooner or later.

I have already mentioned the wreck of the Kathryn Spirit, which is a real-life example of why this bill is needed. This ship was built in 1967. In 2011 it was decided that the ship would be scrapped and that it would be dismantled in the Beauharnois region. The mayor of Beauharnois opposed the idea of dismantling the ship in Beauharnois, and the city managed to block the work. However, the wreck remained where it was from 2012 to the end of 2014. It was discovered that the ship had leaked oil into the waterway, and the mayor of Beauharnois, Mr. Haineault, wanted the federal government to intervene. He was the mayor of a municipality and this issue did not fall under his jurisdiction since the ship was in federal waters. The federal government did not take action.

We are choosing to take action this evening by way of this bill.

This bill would give the Canadian Coast Guard the regulatory power it needs to take action before a derelict vessel becomes a problem. If this bill had been around in 2012, the people of Vaudreuil—Soulanges and Beauharnois—Salaberry would not have been frustrated by the federal government's inaction. This bill would have given them some tools.

This is what the mayor of Beauharnois had to say:

Quebec's most precious resource is the beauty of the St. Lawrence. We have to protect that. Allowing this type of activity makes no sense.

We will not create a better future by working in isolation; we have to work together. The time to act is now. Municipalities, port authorities, regional authorities and provincial governments want to help the federal government develop a more robust regime that includes fines and removal costs. A regime like that cannot come from a private member's bill.

It is time that the government acted in the interest of citizens living in coastal regions. What the Conservatives have done and have in place right now simply is not working.

The Kathryn Spirit in Beauharnois is proof of the system not working. Years and years have passed while the Kathryn Spirit has menaced the environment. The wreck has been floating for more than three years in the waters of Lake Saint-Louis and its deterioration poses a threat to the environment, biodiversity of the watershed and the health of local residents. The boat's owner delayed work to get the ship back afloat and continued to delay the process. Meanwhile, the federal government did nothing. The Conservatives abdicated their responsibilities.

The member from the government side referenced the Canada Shipping Act. Well, in this case, the federal government did not use that authority to have the owner remove the boat that was clearly posing a risk to the environment and the health of the people of Vaudreuil—Soulanges, Beauharnois—Salaberry, Lac-Saint-Louis and all of the communities downstream along the St. Lawrence River.

The Conservatives need to take action. It is disappointing to see that they do not intend to support this bill from the member for Nanaimo—Cowichan.

I am proud to have lived in the member's riding for a short time, in 1989 and 1990. I also worked in the riding of the member for Esquimalt—Juan de Fuca at the repair and disposal facility at the naval base in 1992 when I was a summer student. I know the people of their ridings are looking for solutions to deal with derelict vessels.

The Kathryn Spirit is one example of a wreck in my riding where the federal government did not act to have it removed, and it was posing a threat. There are many other examples of derelict vessels across the country.

In the riding of the member for Nanaimo—Cowichan, there was the sinking of the SS Beaver in Cowichan Bay. As reported in an article, pollution from the ship leaked into the bay and the Coast Guard was called to the scene. The article mentions support for Bill C-231, which is now Bill C-638, to eliminate the jurisdictional confusion related to the responsibility for derelict vessels.

There needs to be a bit of clarity here in the regime that we have in place, obviously. Just in listening to the members across the way explain in their speeches that the regime is clear and efficient, I was confused about it. I could not really make sense of it. If it is difficult for a member who is very familiar with legal terms and jurisdictions to try to figure out the regime that is in place, think of what it would be like for a mayor of a small or medium-sized town to try to navigate the labyrinth that is the current regime which is in place.

The member for Nanaimo—Cowichan has developed an excellent, clear proposal, which I think would give the tools to municipalities and regional governing bodies to deal with wrecks. We would like to see a derelict vessel regime similar to that of Washington State, which I think has been mentioned a few times in the debate tonight, to deal with this growing problem of abandoned boats in our waterways.

Our waterways are a legacy that we pass down to our children. We have to keep them clean. We have to keep them healthy. We would like to see the biodiversity in them continue. This private member's bill is just the first step of a new regime that is needed.

I am sure that in October we will flesh this out once we become government after the next election. We will have a regime in place that will provide a clear authority for who should deal with derelict vessels.

Even though I have heard members across the way say that they oppose the bill, we hope that they will listen to the voices from the coastal areas in Canada. These are people who are asking for action on the problem of aging fleets, the lack of recycling facilities for fibreglass, and a desire to protect waterways from potential environmental or safety concerns so that we can pass on this legacy to our children.

Canada Shipping Act, 2001Private Members' Business

May 6th, 2015 / 7:25 p.m.
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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, it is a pleasure to rise in the House today to speak to Bill C-638, An Act to amend the Canada Shipping Act, brought forward by the member from Nanaimo—Cowichan.

Our government is committed to the safety of mariners and the protection of the marine environment. We have ensured that responders are able to take action when dealing with the unique condition each wrecked vessel presents. The management of wrecks is certainly an important item. However, the private member's bill we are discussing today is unfortunately flawed in its approach to the management of wrecks.

I will use my time today to highlight the fact that the proposed amendments to the act from this bill will not result in an improved approach to managing vessels of concern. In fact, due to the new mandatory actions and the lack of owner responsibility contained in this bill, these changes could instead hinder Canada's management of these kinds of vessels.

As the member's bill proposes changes that will also impact the Canadian Coast Guard, I will also take this opportunity to inform the House on how the current system addresses environmental concerns from ships.

The Canada Shipping Act authorizes the Minister of Transport to designate persons or classes of persons as receivers of wreck. Bill C-638 proposes to make significant changes to part 7 of this act.

Currently, employees of Transport Canada are designated as receivers of wreck under the act. This bill proposes to expand this power to also designate the Canadian Coast Guard as a receiver of wreck as well. The Canadian Coast Guard's objective is to keep our waterways safe and accessible across the country. The brave men and women of the Coast Guard save the lives of countless boaters and sailors through search and rescue missions. Our fleet provides icebreaking services to keep commercial traffic and ferries moving across Canada. In the north, the Coast Guard delivers vital supplies to isolated communities.

The Coast Guard is currently the lead federal agency for all marine pollution from ships or mystery sources in Canadian waters.

When it comes to environmental response from the Canadian Coast Guard, our government has taken real action to protect Canadians and the environment. We have ensured that the Canadian Coast Guard has the capacity to respond quickly to marine pollution incidents across Canada. For example, the Coast Guard has official environmental response managers located across the country, in addition to approximately 80 equipment depots nationwide.

The Coast Guard is involved in all aspects of a response, actively engaging with its partners and stakeholders. Through this program, the Coast Guard's environmental response regime is world-class and ensures safe and accessible waterways for Canadians. When a ship is determined to be an environmental threat, the Coast Guard is there to protect our rivers and oceans. Responders consider the best course of action to address the threat, keeping sure our waterways are safe and healthy.

This brings me to my first point regarding this bill, which is the proposal to designate the Canadian Coast Guard as a receiver of wreck. The fact is that the Canadian Coast Guard cannot be designated a permanent receiver of wreck. Under federal legislation the Coast Guard is not a separate legal entity in and of itself. It is considered part of the Department of Fisheries and Oceans. Therefore, the Canadian Coast Guard, as an organization, cannot be a receiver of wreck or make regulations regarding their management.

My second concern regarding this bill is that it negatively impacts the ability of responders to determine the best course of action for a vessel. The current legislation allows receivers of wreck to assess each wreck on a case-by-case basis. This gives them the ability to determine the right course of action, depending on the realities on the ground. This is important to safeguard the ability of the responders to do a thorough risk assessment in order to understand the condition of the vessel, and to determine the best action to take. Each wreck is a different case, each with its own unique considerations. The reality is that these situations demand a tailor-made response. As this bill lacks a mechanism for responding to the most serious situations, it may cause responders to divert their attention and resources from more pressing vessels.

These amendments call for a sweeping change that would not address the real issue that many of these vessels are abandoned or uncared for in the first place.

That brings me to my next point. The bill does not require any additional responsibility to be borne by the vessel owners. The bill only focuses on the removal, disposal, or destruction of wrecked vessels. It does not include any requirements for vessel owners to prevent a ship from becoming a wreck or falling into disrepair.

It is important for there to be a balance between mandated government action and personal responsibility, the absence of which would cause the Canadian taxpayer to become the collector of wrecks. This bill does not contain much-needed additional requirements.

Without consideration of the obligation of vessels owners to mind their ships, this change could attract those who no longer want their vessels.

In conclusion, I cannot support this bill. It is flawed in its drafting regarding designating the Coast Guard organization. It mandates new obligations while not considering the unique conditions of these vessels. Finally, it does not offer any new requirements on owners for keeping their boats in good order to begin with.

The management of wrecks is an important discussion to have; however, this bill would not achieve results for Canadians. These sweeping changes would not result in better services for Canadians or improve protection of the environment.

For the reasons I have discussed this evening, I ask that members of this House join with me in opposing the bill.

Canada Shipping Act, 2001Private Members' Business

May 6th, 2015 / 7:15 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I am pleased to rise to speak in favour of Bill C-638, an act to amend the Canada Shipping Act. I want to express my thanks to the member for Nanaimo—Cowichan for her work on the problem of derelict vessels. This is a particular problem around Vancouver Island and in my riding, but also along all of our coasts and, increasingly, in the rivers and lakes across the country.

This is an important issue as more and more derelict vessels are being abandoned. While they may start out as something that people see simply as an eyesore, many go on to become hazards to safety or to the environment. The intention of Bill C-638 is to give the Coast Guard the regulatory power it needs to take action before derelict vessels become problems.

Municipalities, port authorities, regional and provincial governments all want to work with the federal government on an effective system that might include fines and the recovery of costs for removal, but, of course, that is beyond the scope of what a private member's bill can do. However, at the same time, Bill C-638 would preserve the principle that owners are responsible for the costs incurred in damages done by, or in cleanup and disposal of, abandoned vessels. It would not, as some Conservatives have argued, automatically transfer all those costs to the public. What the public does bear is the cost of inaction. Therefore, when these derelict vessels are neglected and ignored, they eventually end up costing all of us damage to our environment, possibly navigation and other safety hazards.

Ideally, Canada would create a derelict vessel removal regime similar to that of our neighbour in Washington state. In Washington state, there is a system that has a fee as part of the annual vessel registration, which helps pay, ultimately, for the costs of removal of derelict vessels. It also makes a single agency, the department of natural resources, responsible for administering the program.

Unfortunately, as I said just a moment ago, this is beyond what a private member's bill can do in the House, because that would require a royal recommendation. However, this bill is an important first step in providing a single agency, the Coast Guard, with the authority to deal with derelict vessels.

My predecessor, as the member of Parliament for Esquimalt—Juan de Fuca, Keith Martin, introduced a similar concept in his Motion No. 554 in June of 2010. This is not a new problem in my riding and one that my predecessor did his best to get the House to recognize. His motion simply expressed the principle that the House support efforts to deter the abandonment of vessels by imposing fines and a regime to make sure that cleanup costs were recovered from the registered owners. It is very consistent with the principles in this private member's bill.

I would also to commend the work of Sheila Malcolmson as chair of the Islands Trust in bringing attention to this problem of derelict vessels. I will say as an aside that she is someone who I hope will be joining us in the House of Commons after the election this fall as she is the NDP candidate in Nanaimo—Ladysmith.

The Islands Trust is a federation of local governments in the Salish Sea off the inner coast of Vancouver Island. It is an area that covers 450 islands and thousands of kilometres of sensitive and scenic coast. Ms. Malcolmson's advocacy resulted in the Association of Vancouver Island and Coastal Communities adopting four resolutions in its annual meetings in 2010. These call for action like that suggested in Bill C-638 to fill the gap in our existing regulatory regime.

Here is the problem Bill C-638 is really trying to address. Now Transport Canada is responsible for derelict vessels if, and only if, the abandoned vessel presents a navigational hazard. If such a vessel presents an environmental hazard, then the Coast Guard is responsible, and this presents the obvious problem of overlap, since derelict vessels can present both challenges. However, if there is no immediate navigation or environmental hazard, then no one is responsible. Therefore, derelict vessels that present no immediate hazard for navigation or to the environment may do so in the future as they deteriorate or as storms blow them around the environment. Clearly, leaving these derelict vessels in place does nothing to enhance the very important tourism industry in my riding.

Derelict vessels are problems at both ends of my riding, I have to say.

In the Gorge Waterway, community groups have spent years trying to restore the water quality after decades of industrial use. It is just on the edge of my riding and in an area that I share with the member for Victoria, who has also done a lot of work to try to deal with this problem of derelict vessels. I am happy to say that the Gorge Waterway is now swimmable for the first time in over 70 years and the salmon run has returned. Small numbers in that run so far and very vulnerable, but the salmon are back. Do we want to let derelict vessels undo all the hard work that has been done in this community to restore the water quality, the environmental quality and the salmon run in the Gorge Waterway?

At the eastern end of my riding is Tod Inlet, a beautiful fjord-like body of water with a very interesting ecology due to its great depth combined with very shallow waters at its mouth. This creates a very special environment indeed.

In 2012, more than 20 abandoned vessels were identified in this environmentally sensitive area. This is home, among other species, of B.C. spot prawns that are one of the very successful, sustainable, ocean-wide food sources in our region, again, threatened by derelict vessels.

Some of those have since been removed, but unfortunately, like the old hiker's adage where garbage attracts garbage, derelicts seem to attract derelicts. Somebody has dumped a boat and somebody else sees what a great spot to get away with the same thing.

This is especially true around Saanich Inlet when it is such a short distance from Vancouver, Victoria and Nanaimo, yet it is relatively secluded and so therefore easy for people to think they can get away with dumping a vessel there.

At the western end of my riding, the District of Sooke has been dealing with the issue of derelict vessels most recently at its January 12 council meeting. The council members, under the leadership of its new mayor, Maja Tait, agreed that they would write to the federal government to lodge a formal complaint about the lack of action in dealing with derelict vessels in the Sooke Basin.

Let me give an example of a challenge that just a single derelict vessel can present to local government. This example is the tugboat Florence Filberg that was built for the U.S. Army in 1944, a 38 metre long boat that served the U.S. Coast Guard for many years. The coast guard decided to sell the boat to Canadian owners and spent $40,000 cleaning up the vessel before selling it.

Unfortunately those Canadian owners moored it in the Sooke Basin and then abandoned it. In 2007, it broke loose from its moorings and wedged itself on a sandbar. Who is responsible for its removal when owners have disappeared? Here is where the legal problem arises which Bill C-638 would fix.

Sooke's jurisdiction of the municipality extends only to the land between high and low watermarks, not the sandbars in the harbour. The B.C. government is only responsible for derelicts that have been tied up to provincial docks.

The federal Coast Guard checked and said since the boat had been cleaned up, there was no environmental hazard. Transport Canada said that since it is on a sandbar, then there is no additional navigation hazard. There it sat for more than four years, an unsightly wreck in the middle of a beautiful harbour, but it also presented additional challenges.

One man actually died exploring this wreck in 2008 and arsonists, some suspect those whose view it was sitting in, tried to remove the vessel in 2009 by setting it on fire, leaving a burnt-out vessel with additional environmental hazards created by the fire.

It was finally removed in 2011 at a cost of over $100,000 in an ingenious deal that Sooke worked out as part of the construction of a new boat launch jointly funded by the federal and provincial governments. This was four years later, at a cost of $100,000 and the death of a citizen for a single derelict vessel. This is one that had previously been cleaned up, $40,000 spent by the coast guard cleaning up the environmental hazard.

I know I am going to run out of time very quickly, but I would say Bill C-638 takes the first step in solving the problem with derelict vessels in Canadian waters. It established that the Coast Guard is the responsible agency, responsible for move and cleanup, but also for finding those owners and making sure the previous owners are held responsible for the cost of abandoning their vessel.

In my riding this would help protect the environment. It would help protect marine safety. It would help protect fishing grounds and recreation. It would help protect the natural landscape and seascapes that are the basis of our very important sustainable tourism industry.

For that reason, I am a very strong supporter of Bill C-638. Once again, thank the member for Nanaimo—Cowichan for her very important work on this private member's bill.

Canada Shipping Act, 2001Private Members' Business

May 6th, 2015 / 7:10 p.m.
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Conservative

Wladyslaw Lizon Conservative Mississauga East—Cooksville, ON

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-638, which would amend the Canada Shipping Act.

I would like to provide the House with an overview of the current provisions under the Canada Shipping Act, 2001, pertaining to wrecks and their cleanup. I would like to speak to the history of the Canada Shipping Act, 2001, and how it has evolved over the years to further enhance the safety of navigation in the marine environment, and Transport Canada's plan for a proactive solution to the issue of abandoned vessels and wrecks.

As members are aware, Transport Canada's role under the Canada Shipping Act, 2001, is vast in nature. The Canada Shipping Act is Canada's principal legislation governing safety in marine transportation and recreational boating, as well as the protection of the marine environment. It applies to Canadian vessels operating in all waters and to all foreign vessels operating in Canadian waters, including recreational boats, cruise ships and large tankers. The act promotes the sustainable growth of the marine shipping industry without compromising safety and is responsive to the needs of Canadians in the global economy.

Transport Canada plays a large role in the administration of the provisions under this act, including the receiver of wreck functions under part 7. In addition, the Canada Shipping Act, 2001, represents a greatly updated and streamlined version of the old Canada Shipping Act, including enhanced safety provisions and better protection for the marine environment, with more focus on owner and operator responsibilities, ultimately strengthening the requirements for spill prevention and spill preparedness.

In this vein, Transport Canada continues to work closely with the Department of Fisheries and Oceans on the administration of the provision under part 8 of the Canada Shipping Act, 2001, pertaining to ship-source pollution, including prevention and response regimes, in Canadian waters.

As previously stated, the current federal government regime for the removal, disposal and destruction of wrecks in Canadian waterways is Transport Canada's responsibility under the receiver of wreck provisions of the Canada Shipping Act, 2001, part 7. The receiver of wreck functions are administered by Transport Canada navigation protection program, which is also responsible for the removal of obstructions to navigation, including wrecks in Canada's major waterways.

It is important to note that under the Canada Shipping Act, 2001, the receiver of wreck may deal with a wreck, generally speaking, when the owner is unknown and if the person who reported the wreck finds and takes possession of a wreck in Canada, or brings a wreck into Canada. In addition, the role for the receiver of wreck is to try to locate the owners of wrecks within a reasonable time period, which is 30 to 90 days, depending on the circumstances. If, within that period of time, the owner is not known, the receiver of wreck may authorize the removal, disposal or destruction of the wreck by a third party.

Currently, under part 7 of the Canada Shipping Act, 2001, the receiver of wreck assesses each wreck on a case by case basis to determine whether action is required. Due to technical considerations, such as location, depth, size, or condition of the wreck, the most appropriate response may be to leave the wreck in its current location and, if applicable, remove pollution threats.

A review of Bill C-638 raises concerns regarding some of the proposed provisions.

Bill C-638 would require the receiver of wreck to take action on every wreck, including the requirement to take reasonable measures to locate the owner of the wreck, regardless of its location and condition.

Our government understands the importance of the issues surrounding abandoned and wrecked vessels, but the proposed bill focuses solely on the remediation of wrecked vessels and does not include requirements for vessel owners to prevent a vessel from becoming a wreck.

Be assured that Transport Canada has made efforts to research existing programs that deal with derelict and wrecked vessels, including the Washington State derelict vessel removal program. Washington State program officials shared what they learned about their experience in the initial implementation of a remediation program. It was concluded that remediation without prevention can have unintended consequences, such as encouraging vessel owners to abandon their unwanted vessels, relying on the federal government for their disposal.

Today, the program's success is attributed to measures to increase the accountability on the part of the owners of vessels and robust enforcement and engagement with partners.

I would like to reiterate that the Government of Canada recognizes that vessels of concern, including abandoned vessels and/or wrecked vessels, can pose marine navigation hazards, public safety risks, environmental threats and economic costs. In response to this issue, Transport Canada, in partnership with other federal departments such as the Department of Fisheries and Oceans, is currently examining the gaps in the existing system to deal with these types of vessels.

Together, we will build an approach that will focus on prevention. It is important that owners take responsibility for the full life cycle of their vessels. This is why Transport Canada will develop and implement a public outreach strategy targeting vessel owners, advising them about responsible vessel ownership and life cycle management. As mentioned previously, prevention is key in achieving a positive end result.

In closing, the current Canada Shipping Act, 2001 regimes for receiver of wreck and pollution prevention and response continue to effectively deal with those abandoned vessels and wrecks that have an immediate safety and environmental impact. Bill C-638 is intended to address all vessels, including those that do not pose a risk to navigation safety or the environment. The bill would impose mandatory measures to deal with all wrecks at the cost of taxpayers, instead of placing the obligation where it belongs, with vessel owners. It is for these reasons that the government does not support Bill C-638.

We are confident that our government's proactive approach to educate vessel owners on the prevention of abandoned vessels and wrecks will assist in addressing the broader issue of vessels of concern and wrecks in Canadian waterways. Furthermore, we will continue to work with international partners in support of a global vessel life cycle management approach to dealing with wrecks.

Canada Shipping Act, 2001Private Members' Business

May 6th, 2015 / 6:55 p.m.
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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I am pleased to rise in the House today in support of Bill C-638, An Act to amend the Canada Shipping Act, 2001 (wreck), introduced by the hon. member for Nanaimo—Cowichan.

This bill addresses three wreck-related issues. Canada is known as the country with the longest coastline. This is therefore a important issue for Canada.

First, wrecks compromise navigation safety. Second, when they are abandoned, they can cause environmental damage. Finally, they represent an economic challenge. When these wrecks are located near major tourist hot spots, they can detract from the scenery. I will get into the economic aspect a little later and propose a way we might use these wrecks to benefit the economy.

A boating association estimates that there are 4.3 million boats in Canada. What is more, in November 2012 alone, 240 boats were abandoned. There does not seem to be an accurate count of these wrecks or any monitoring of them. There is a lack of coordination and leadership. The federal government could play this role, since some of these wrecks may be in interprovincial waters or along the coastline. This would be an appropriate role for the federal government.

As has been mentioned, municipal authorities sometimes do not have the necessary resources or technical means to deal with wrecks. The federal government is well positioned to play this coordination and leadership role.

That is a problem, but there are solutions. For example, Washington State changed its system so that the vessel registration fee, whether it be for pleasure craft or other vessels, helps cover salvage costs. The state also made the Department of Natural Resources responsible for administering the program, which allowed it to salvage 500 wrecks. That is an interesting way of dealing with this problem. The federal government could learn from what is being done in the state of Washington.

I would now like to go back in history a little. I am originally from the Bois-Francs region, which was the first area of Quebec to have a recycling program in the 1970s. That was quite some time ago, and I learned the three Rs—reduce, reuse and recycle—very early on.

At the time, there was a visionary named Normand Maurice who said that there was gold in our garbage cans.

Members may be wondering where I am going with this, so I will talk right away about a course I took in agriculture and the environment to become an agronomist. The name of the course was waste resource management, and in our case, we were often talking about manure. These courses were really interesting. What we consider waste, scrap and wrecks are actually resources that are not in the right place. I think everyone can agree that those resources can be used and repurposed.

This bill talks about wrecks. My riding runs along the St. Lawrence River and so the issue of wrecks is very important to me and my constituents in LaSalle—Émard.

How could we salvage these wrecks and repurpose them in a safe, economical and environmentally friendly way? It must not be done in just any old way. We need to do it in an environmentally friendly manner. There is value in those wrecks because they contain metal and other materials that could be salvaged and repurposed.

This is also about job creation, given that 4.3 million currently registered vessels could be salvaged and repurposed, and there are many others. This could create jobs, especially local jobs, and stimulate our economy. This could be a great opportunity to take a wreck, repurpose it, salvage it, and at the same time, do so in an environmentally friendly and economical way. Let me give a couple of examples of these kinds of wrecks.

In the Montreal region, a boat that was more or less abandoned, that did not run, was transformed into a spa. A private company purchased the boat, which is in Montreal's Old Port, and turned it into a spa. Now that is innovative: to take a wreck and turn it into something useful that will not cause environmental problems, something more attractive that will not spoil the tourist landscape, for example. This challenge presents a unique opportunity to make the most of wrecks and take care of them.

As a final point, I would like to talk about a very interesting project. It is a project of the future, a business opportunity with incredible possibilities, because while ships become wrecks, there are also many planes at the end of their life cycles. There is a company called Aerocycle that specializes in dismantling aircraft at the end of their life cycles and recycling the parts. For instance, that company dismantled two Air Transat planes in Mirabel as part of a research project with École Polytechnique in Montreal and the Consortium for Research and Innovation in Aerospace in Québec.

That is how a ship and an aircraft at the end of their life cycle were transformed. They were recycled in an environmentally friendly way, jobs and opportunities were created, and various parts were salvaged and repurposed. This is very worthwhile.

Let us move forward with something that could turn out to be extremely valuable by allowing for the salvage of wrecks and aircraft at the end of their life cycle.

Canada Shipping Act, 2001Private Members' Business

May 6th, 2015 / 6:45 p.m.
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Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, I want to begin by thanking my colleague from Nanaimo—Cowichan for bringing Bill C-638 to the House of Commons. It is an important bill. It addresses an important series of issues. I will take a few minutes to explain for Canadians who are following the proceedings around this debate.

It is our view in the Liberal Party of Canada that a federal government has to show leadership in an area that crosses jurisdictions that involve such a variety of important issues.

In my remarks I want to also acknowledge the incredibly good work that my colleague, the Liberal member for Cardigan, is doing as a long-time supporter of action in this area and as someone we look to in our own caucus for leadership when it comes to issues around ports and waterways and of course, ocean policy, as a long-time fisheries critic.

The bill deals with the challenge of derelict and abandoned vessels, which are a very serious concern for our shorelines, harbour authorities, property owners, communities, and orders of government. They can create real problems in our waterways. They can cost all kinds of money in terms of having them repaired or removed. They create obstacles in our waterways. There are of course the implicit and explicit environmental issues that surround this question of abandoned derelict vessels.

This is also an expensive issue for Canada, and it is not one that is going away. There are 2.6 million pleasure craft licensed in Canada today. This is a problem that is not going away. The order of magnitude is simply growing.

There is a financial burden that is falling on community organizations, on municipal and provincial governments, and even on property owners.

One of the problems we see when we look at what the member for Nanaimo—Cowichan is trying to address in the bill, which we support, is the issue of who is in charge. It seems like everybody's job is nobody's job when it comes to this important issue, which is on both the west coast and the east coast and which I am sure is in play as well when it comes to our northernmost shorelines.

It is important to clarify which agency, order of government, or body is in charge of different situations. We need to make sure that we identify all possible measures that can be taken to identify and locate the owners of the wrecks, for example. Confusion reigns in this area.

Sometimes it is Transport Canada. The Minister of Transport can become involved if a vessel is causing obstruction or is blocking navigation, for example. Other times it is the Canadian Coast Guard, when it is called in to deal with threats around pollution, as we saw recently on the west coast of Canada in another episode. The Coast Guard was dispatched to play a role when there was a major leak. Of course, it is in a position to recover the cost of its expenses to deal with that pollution from the ship source oil pollution fund. The problem is that once the pollution has been dealt with and the sources of the pollution have been dealt with, the Coast Guard does not have the authority itself to then move and deal with the derelict vessel, the abandoned vessel, the problem vessel, and this is a real situation for so many of our harbours around the country.

Then again, if this abandoned or derelict vessel, this problem vessel, as I might describe it, is not a major environmental concern and is not posing a problem when it comes to navigation, most of the time there is no action taken by the government, and it can remain a real problem.

It is not just because they are eyesores and not just because they affect local residents in one way or another. It is because they could very well be hazardous. They are hazardous for the good folks who administer and run our harbours, the harbour authorities.

They also become very expensive. This is a very expensive proposition for harbours across the entire country. In fact, one of the most powerful voices I have heard in this area is the voice of the National Harbour Authority Advisory Committee. Ben Mabberley, from the National Harbour Authority Advisory Committee, said:

The truth is that one sinking of a derelict vessel at your harbour can bankrupt the harbour authority. It's that simple. We need to find a solution for it. This is going to be an issue right across the country.

He is right. This is a very important issue.

I understand that there was a study done several years ago by the fisheries committee. It was a very important foundational study that examined very carefully this whole question. The report was entitled “Small Craft Harbours: An Essential Infrastructure Managed by and for Fishing Communities”. It dealt with this very issue and specifically recommended that the Department of Fisheries and Oceans make changes, legislative changes in particular, so that the removal of abandoned and derelict vessels from harbours would be facilitated. As a result of that report, frankly nothing has happened. The government has done nothing.

We have just come through a budget cycle. We are still in the midst of it, in fact. There is nothing significant in the budget to deal with this issue as many of our harbour authorities struggle with these particularly expensive problems. It is hard to reconcile that with the fact that at DFO, since the current government has come to power, there has been $1 billion of unspent resources. In our view, that could have been properly applied to provide assistance to these harbour authorities and other parties that are involved in trying to do right by their communities and citizens by taking action. Nothing in the budget was brought to bear to address the specific challenges for our harbours and wharfs when it comes to this issue.

There is still a lingering problem with the fact that harbours themselves do not have the authority, and more importantly, do not have the budget to deal with wrecks and abandoned and derelict vessels. We need legislative changes, because we need to help with the removal of such vessels.

Given the fact that there are 2.6 million pleasure craft licensed in Canada today, with numbers growing and fleets aging, we need a long-term plan. It is something that has been asked for by the committee's report, by harbour authorities, by communities, by municipalities, by stakeholders, by NGOs, and by civil-society actors. People are rightly concerned, and there is no long-term plan to deal with this, after almost a decade of Conservative government.

It requires leadership, and leadership means we have to pull together different orders of government to work together to come up with a plan that allows us to respond to this nationally, as a country.

This bill would go some distance in contributing to legislative improvements, and for that reason we support it. It would help by designating the Canadian Coast Guard the receiver of wrecks and by requiring the receiver of wrecks to take responsible steps to determine and locate the owners of wrecks. That is important. Who owns these things? They cannot simply walk away. They cannot abandon them. There is a responsibility.

The bill would give a new power to the Minister of Transport and the Minister of Fisheries and Oceans to bring in new regulations that would have to be followed by the owners of the wrecks. They would have to remove, dispose of, or destroy them.

The bill is a positive step. For example, it would require the Minister of Transport to file a report every five years before each House of Parliament, so we would have a better idea with respect to part 7 of the act and the operations it governs.

We think this can be a very powerful next step. It could help to deal with these prohibitively high costs.

Funding will be key. If we are to see any kind of national leadership in this regard, coupled with some of the legislative changes that my colleague from the NDP has brought forward, we can make improvements. However, it does require national leadership, something which heretofore simply has not materialized under the Conservative government.

The House resumed from February 26 consideration of the motion that Bill C-638, An Act to amend the Canada Shipping Act, 2001 (wreck), be read the second time and referred to a committee.

The EnvironmentPetitionsRoutine Proceedings

April 21st, 2015 / 10:05 a.m.
See context

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I have three petitions to present.

The first petition is on Bill C-638, an act to amend the Canada Shipping Act. The petitioners outline that derelict and abandoned vessels pose an environmental risk and a navigation hazard, and that regulations must be made to establish measures to be taken for the removal, disposition or destruction by the appropriate authority.

The petitioners call upon the House of Commons to support Bill C-638, an act to amend the Canada Shipping Act.