Bill C-352 (Historical)

An Act to amend the Canada Shipping Act, 2001 and to provide for the development of a national strategy (abandonment of vessels)

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 its removal, disposal or destruction. It also 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 the necessary steps to identify and locate the owner of the wreck.
Finally, it provides for the development and implementation of a national strategy to address the abandonment of vessels.

Abandoned Vessels

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, today and tomorrow, Parliament votes in a historic secret ballot vote to unblock my abandoned vessel legislation.

A yes vote would mean yes to over 50 coastal communities from Tofino to Fogo Island that endorsed my Bill C-352; yes to the 23,000 letters my supporters sent Liberal MPs this week; yes to standing with the Union of British Columbia Municipalities, Ladysmith, Victoria, Oak Bay, Stz'uminus First Nation, and many more local governments that built this legislation with their solutions; yes to filling all the gaps in the transport minister's new bill, like dealing with the backlog of abandoned vessels; yes to co-operation across party lines to solving long-standing oil spill problems, which is something all Canadians want to see; and yes to restoring the one chance I get as a member of Parliament to bring legislation to the House.

I ask members to please answer this united call for action. Vote yes and allow coastal community voices to be heard.

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, I bring voices from Nanaimo, Ladysmith, and Victoria into the House. Because coastal communities have called on the government to act on the long-standing pollution risk of abandoned vessels, I have introduced Bill C-352. Liberals have blocked debate on Bill C-352. The petitioners urge members of Parliament to allow the bill to be debated and voted on in the House to bring all the resolutions of vessel turn-in, recycling, safe disposal, and fixing vessel registration.

Vote on the Designation of an Item

[The Speaker, Liberal, Geoff Regan]

The Chair wishes to make a brief statement on the manner in which the secret ballot vote will be conducted on the designation of Bill C-352, an act to amend the Canada Shipping Act, 2001 and to provide for the development of a national strategy (abandonment of vessels). In so doing, I also wish to address the point of order raised yesterday by the hon. member for New Westminster—Burnaby.

With regard to the voting process, members may obtain their ballot from the table officer seated on their side of the chamber. They will then be able to mark their ballots in secret at one of the two voting stations situated in the corridor behind the Speaker’s chair. Completed ballots are to be deposited in the ballot box which will be placed at the foot of the table.

During statements by members and oral questions, ballots will be distributed from the corridor behind the Speaker's chair and the ballot box will also be placed there so as to not disrupt the proceedings.

With regard to the manner in which the results will be revealed, I am afraid that I cannot accept the argument made by the hon. member for New Westminster—Burnaby that this process should be treated differently from the only other analogous practice that exists in our Standing Orders, that for the election of the Speaker.

In that case, Standing Order 4(12) provides that all ballots and records of the number of preferences marked for any candidate are to be destroyed by the Clerk of the House. It also instructs the Clerk to in no way reveal the number of preferences marked for any candidate.

Standing Order 92 does not provide any direction to the Chair which would cause it to depart from that now established practice. Accordingly, when the two days of voting have been completed, the table officers will count the ballots and provide me with the final result, not the number of members voting for or against the motion.

I will then provide that result to the House at the opening of the sitting on Thursday, November 30.

The Standing Committee on Procedure and House Affairs may wish to consider this matter and if it deems necessary, provide further direction to the Chair with regard to the manner in which the result of the secret ballot is revealed.

Pursuant to Standing Order 92(4), I now direct that the vote on the designation of Bill C-352commence.

I thank hon. members for their attention.

Private Members' Business--Secret Ballot Votes

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, I am rising today concerning the practice that you will follow in the upcoming votes to determine the votability of Bill C-362, the important bill from the very dedicated and hard-working member of Parliament from Nanaimo—Ladysmith.

This is a very important and historic point in time. We have never used Standing Order 92(4)(a) and (b) before, and therefore the process that you use, Mr. Speaker, will determine the precedence for this in the future and for future parliaments. You may be tempted to follow the practice following upon the election of the Speaker, the only other time under our rules when we have this secret ballot vote. This practice has the clerk with the assistance of table officers conduct the count and, in the morning after the vote has been held, announce the decision of the vote with no reference to the number of ballots cast for each side of the question.

Mr. Speaker, I am asking for you to consider releasing the numeric results of the ballot and the names of the members of Parliament who have voted.

I understand the rationale for you, Mr. Speaker, not to release either result. This place runs on precedent and previous practice and the only other use of a secret ballot vote in the House is for the election of the Speaker. That procedure is prescribed by Standing Orders 2 through 7 and they are designed to show the importance of the following of these rules. They clearly say that for electing the Speaker, the only folks who shall handle the count will be those from the table. Our rules are also clear that there will be no release of the numeric ballot results, only the names of the candidates still on the ballot and the naming of the winner. Mr. Speaker, you know this very well as you went through the process.

I submit to you today, Mr. Speaker, that the procedure for the conduct of the secret ballot vote to determine if Bill C-352 will be allowed a vote is not analogous to the process of electing a Speaker. I submit to you that it is not appropriate to apply a procedure for the election of a Speaker to a question being put before the House as a normal part of the legislative process.

First, these two secret ballot votes are doing very different things. Electing a Speaker is a constitutional obligation of the House of Commons. Sections 44 through 49 of the Constitution Act, 1867, the core part of our Constitution, strictly deal with the election of the Speaker and the powers vested to the Speaker therein. The election process was designed back in the 1980s for the Speaker's election. Parliamentarians at that time had an objective of allowing the free and fair election of the Speaker and the rules were designed to make sure that the newly elected Speaker had the legitimacy and freedom to perform her or his important constitutional role in the strongest way possible. Parliamentarians made sure that our most trusted officials would be those conducting the election to make it above reproach. To make sure that the Speaker has the maximum confidence of the chamber that elects her or him, the number of the ballots would not be released so the Speaker's mandate would never be questioned.

I believe that the subject of Bill C-352 is of critical importance, especially to the coastal communities it would so strongly impact, but I have no illusion that if the bill is votable is on the same procedural or constitutional level as the election of a Speaker. When the rules for votability of private members' bills were being developed, which took place 15 to 20 years after the election of our first Speaker by secret ballot, it was not envisioned that the importance of that decision was on the same level as choosing the chief presiding officer over the elected assembly of our country. The decision before members of this Parliament in the next few days will be about a specific initiative of a private member being able to have a vote in the House. It is not a constitutional question, but rather part of the legislative process for private members' business.

As you know, Mr. Speaker, we have lots of PMB votes in this House. We know the questions and we get to know the results when the vote takes place and so do Canadians. We get to know how many members voted on each side of the question and we generally value the numeric value of the vote as a transparent way where Canadians can see their democracy at work, and that helps instill confidence in our system of government. I submit to you, Mr. Speaker, that it is antithetical for this place not to know what the numbers were on any side of any question, which is part of the legislative process. Our democracy is not simply about having representatives make decisions; it is about making decisions in a way that builds confidence in the people who sent us here to make decisions on their behalf, and we do that by being open and transparent.

At each stage of a bill, we vote openly and publicly so that our constituents know how their representative voted. That is also why the final result of the vote is communicated immediately, as the Speaker just did, so that everyone can see how much support there is for a given issue.

The purpose of the secret ballot under Standing Order 92(4)(b) is to allow members to vote freely without their party whip knowing how they voted. This different way of voting stemmed from a desire to give members greater freedom to express themselves on private members' business and was part of a push for a clearer distinction between government business and private members' business during the reforms of 2002 and 2003. Those changes were designed to achieve a clear distinction in terms of both procedure and content.

Other aspects of this reform included the creation of the private members' draw, the exclusion of ministers and parliamentary secretaries from the process, the different voting method for members of the House, and the establishment of a separate order of precedence from government business. It was in that spirit that Standing Order 92(4)(b) was created.

Page 32 of House of Commons Procedure and Practice, Second Edition, states that “Responsible government has long been considered an essential element of government based on the Westminster model.” It goes on to say that “responsible government means that a government must be responsive to its citizens, that it must operate responsibly (that is, be well organized in developing and implementing policy) and that its Ministers must be accountable or responsible to Parliament.” For there to be confidence in responsible government, I submit that being open and transparent is essential.

Because the appeal process that we are undertaking this week by secret ballot, starting tomorrow, has never happened in this place before, it is totally appropriate for you to decide how the result of this vote should be released, not based on the practice used for the election of the speaker, for the reasons I have just set out, but based as much as practical on the rules we use in the legislative process, those of clarity and transparency. It is up to you, Mr. Speaker, that the spirit of the drafters of this Standing Order be heard. I therefore ask that, like all other parts of the legislative process, the numerical results of the decision on the votability of Bill C-352 be made public.

Abandoned Vessels

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, I again bring voices of coastal communities into the House to urge the government to adopt my legislation, Bill C-352, to solve the long-standing problem of abandoned vessels.

The petitioners from Nanaimo and Ladysmith urge this Parliament in particular to vote in favour of unblocking debate on the legislation. They want to see their solutions, which they have been advocating for decades, come to the House for full debate. They urge parliamentarians, in the vote tomorrow or the next day, to accede to the hope that their voices will be heard.

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Madam Speaker, I rise again in the House to present petitions signed by coastal people who are urging the House to adopt my Bill C-352, which would solve the problem of abandoned vessels. These signatories are from Port Saunders and Corner Brook, Newfoundland, and on the west coast, Nanaimo and Ladysmith.

The petitioners urge that the bill and its remedies for fixing vessel registration in order to deal with the backlog of abandoned vessels and with recycling and green jobs all be advanced. All of these are pieces that would fill holes in the government's Bill C-64.

The Environment

[Anne Minh-Thu Quach, NDP, Salaberry—Suroît, QC]

Madam Speaker, for too long, administrative shortfalls have left shoreline communities struggling unaided to dispose of abandoned vessels.

In Beauharnois, many environmental concerns have been expressed about the Kathryn Spirit. We are talking about tens of tonnes of hazardous materials and contaminated water.

The Liberals' Bill C-64 fails to properly address the problem of vessels being left to rot for years in shoreline communities.

Will the Liberals finally work with these communities and with the NDP by debating Bill C-352 in order to fill the gaps in their own bill?

Bill C-352--Canada Shipping Act, 2001

[The Speaker, Liberal, Geoff Regan]

On Monday, November 20, 2017, the Standing Committee on Procedure and House Affairs presented its 46th report to the House. The recommendations set forth in the report designated Bill C-352, an act to amend the Canada Shipping Act, 2001 and to provide for the development of a national strategy (abandonment of vessels), standing in the name of the hon. member for Nanaimo—Ladysmith as non-votable.

Pursuant to Standing Order 92(4), the member appealed the committee's decision by filing with the Speaker an appeal motion signed by the member and five other members representing a majority of the recognized parties in the House. I wish to inform the House that the appeal by the hon. member for Nanaimo—Ladysmith concerning the designation of Bill C-352, an act to amend the Canada Shipping Act, 2001 and to provide for the development of a national strategy on the abandonment of vessels, conforms with Standing Order 92(4). Accordingly, I order a vote by secret ballot on Tuesday, November 28, 2017, and Wednesday, November 29, 2017, on the following motion:

That Bill C-352, An Act to amend the Canada Shipping Act, 2001 and to provide for the development of a national strategy (abandonment of vessels) be declared votable.

The hon. member for Nanaimo—Ladysmith is rising on a point of order.

Abandoned Vessels

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, for decades, jurisdictional gaps have left coastal communities with nowhere to turn when they need help cleaning up abandoned vessels. Oil spills and marine debris from thousands of vessels pollute our waterways and put local fishing and tourism jobs at risk. This is the 83rd time I have raised this.

Fifteen years of coastal community solutions are built into our legislation to fix vessel registration, deal with the backlog, support good green jobs and recycling, and end the run around by making the Coast Guard the first responder and resourcing it.

However, on November 9, the Liberals blocked debate on my bill, an unprecedented interference. This week I will appeal so that coastal voices are heard. The government's new legislation and my bill would complement each other and, with the public's help, both could proceed.

I ask Canadians to please ask their MP to vote yes in next week's first-time and historic secret ballot vote to have Bill C-352 be votable, and to hear coastal community voices.

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, I stand in the House once again to present petitions from voters in Nanaimo and on Gabriola Island, calling on the government to accede to their recommendations, bundled into my Bill C-352, to finally bring solutions to abandoned vessels.

The petitioners call on Parliament to get taxpayers off the hook for the cleanup of oil spills from abandoned vessels by fixing vessel registration, by creating good green jobs, by investing in recycling, and a turn-in boat program, and making, first and foremost, the Canadian Coast Guard the lead agency to be the receiver of wrecks so communities no longer get the run-around when they call for help.

How sad that the Liberal majority on PROC has called for the bill to be deemed non-votable and not debated in the House. We will appeal.

Procedure and House Affairs

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I have the honour to present, in both official languages, the 45th report of the Standing Committee on Procedure and House Affairs in relation to its study of the supplementary estimates (B) for the fiscal year 2017-18.

I also have the honour to present, in both official languages, the 46th report of the Standing Committee on Procedure and House Affairs. The committee advises that, pursuant to Standing Order 92(3)(a), the committee reports that it has concurred in the report of the Subcommittee on Private Members' Business arising that Bill C-352, an act to amend the Canada Shipping Act, 2001 and to provide for the development of a national strategy on the abandonment of vessels, should be designated non-votable.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Thank you very much, Mr. Christopherson.

As I mentioned in the presentation, Bill C-364 touches the same subject, amending the Election Act, as Bill C-50 and Bill C-33, so there's a bit of an inconsistency between two decisions with bills that have subjects that are similar to the subjects of government bills but are being treated in a different way.

As I said earlier, and I can't stress this enough, the intent of providing more scope for private members' business, as Mr. Christopherson said very eloquently just now, has always been to open the scope for each of us as a private member. It has nothing to do with whatever party we're affiliated with. It has much more to do with our rights as members.

This committee has always been the committee that has stood up for the prerogatives of members of Parliament. You have a very important role to play in that regard. This is, I think, a key circumstance, in that there's a bit of a loophole and that's why you're being asked in a sense to hear this appeal and make what I believe would be the right decision, which is to make Bill C-352 votable, because I think it meets all the tests. It certainly meets the intent as well of where we have evolved on private members' legislation, and you're the ones who can come to the defence of private members' legislation with this appeal that Ms. Malcolmson has brought to your attention.

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Thank you, Peter.

There were two bills, Bill C-352 and its predecessor, which I tabled as Bill C-219 in February 2016, just a month after we had been sworn in. Then I reintroduced a new version of it in April 2017: Bill C-352. It's very skinny. The government's bill, tabled 10 days ago, Bill C-64, is much more hefty. That's my first point of comparison.

I will show you how these two bills are not redundant and how they are not contradictory. I urge you to deem my private member's bill votable.

There are a number of points of comparison.

With regard to national strategy, Bill C-64 is not a national strategy. The word does not appear once in the legislation. The government's briefing notes make that clear as well. It's not a national strategy; my bill is all about developing a national strategy.

The next comparison is with regard to royal recommendation. Bill C-64 requires the appropriation of public revenue and, as such, has received a royal recommendation. My bill does not.

With regard to penalties, in Bill C-64 there's a compliance and enforcement regime that is extensive. It creates a whole new set of violations and penalties for abandonment of vessels. My bill does none of these things. Arguably, my bill would make it easier to actually enforce those penalties in Bill C-64.

Another related point of comparison is enforcement tools. In Bill C-64, there is a whole suite of tools for enforcement provided to the Minister of Transport, a number of fines. My bill does none of these things.

With regard to enforcement officers and the justice system, they're also very different. Bill C-64 creates powers for enforcement officers, for the Transportation Appeal Tribunal, for the justice of the peace, for the Attorney General. Bill C-352 does none of these.

With regard to receiver of wreck, my bill designates the Canadian Coast Guard as the receiver of wreck. This was the same in Jean Crowder's bill in the previous Parliament, which a number of members of the government supported at that time. In the government's bill, that's not the approach. Bill C-64 keeps it as a multi-jurisdictional approach and keeps the receiver of wreck within the umbrella of the Minister of Transport, so again they are different approaches, not duplicative.

With regard to consultation, in my bill the Minister of Transport would consult with stakeholders and coastal people to discuss the development of a strategy. That's not envisioned in Bill C-64.

With regard to international conventions, Bill C-64, the government's bill, would implement the Nairobi International Convention on the Removal of Wrecks. My bill requires the government to assess the benefits of acceding to that convention. Again, they're compatible, not duplicative or in conflict.

A vessel turn-in program is something that coastal communities have been requesting for more than a decade. On the model of the cash-for-clunkers program, this would be a way to deal with the backlog of abandoned vessels. Bill C-352 has that as one of its key elements. This bill has been endorsed by the Union of BC Municipalities and, across the country, by at least 50 different coastal organizations and harbour authorities. That is not a part of Bill C-64. Again, they're completely different. Bill C-64 does not legislate that.

In order to deal with the backlog of abandoned vessels, my bill has a number of measures that would legislate to address the backlog of what Transport Canada says might be thousands of abandoned vessels. Bill C-64 does not have measures to deal with the backlog, so again they're not in conflict, not contradictory, but arguably compatible.

A fund for vessel disposal modelled on what Washington state implemented 15 years ago is not addressed in Bill C-64, and the transport minister's briefing notes make that very clear. A fee associated with vessel registration going into a pool to deal with emergency removals is not something that is in Bill C-64. It is in my bill.

Amendments to other acts are another point of difference. Bill C-64 amends other acts, including the Navigation Protection Act, the Oceans Act, the Canada National Marine Conservation Areas Act, the Crown Liability and Proceedings Act, the Customs Act, and the Transportation Appeal Tribunal of Canada Act. My bill does none of these things.

Turning to review mechanisms in Bill C-64, there's a review proposed on the fifth anniversary of the day the bill comes into force. That would be to the committee of the Senate, the House of Commons, and/or of both Houses of Parliament. My bill only requires the transport minister to prepare and table a report to Parliament.

There are many more points of comparison. I haven't run through them all. I just hope that is sufficient to convince you that these two bills are distinctly different. They're not contradictory; they're arguably compatible. They have the same big-picture aim, but the House can absolutely hear both of them, and I sincerely believe the minister's bill would do better with mine in place.

I urge you to reject and overturn the subcommittee's ruling and I urge you to rule that my abandoned vessel private member's bill C-352 be deemed votable.

I'll turn it back to my colleague, Peter Julian.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Thank you very much, Mr. Chair.

I also want to thank you, Ms. Malcolmson. We are very happy to have an opportunity to speak with you today about why Bill C-352 should be votable in the House of Commons.

Since your committee is in charge of all the prerogatives of Parliament, the decision you have to make is important.

There are three main arguments I would like to put forward at the beginning.

First off, as you will see, Bill C-352 is in fact quite a different piece of legislation from the government bill, Bill C-64, and therefore should not be considered the same question as Bill C-64, which is currently on the Order Paper.

Second, the subcommittee was incorrect in applying the criteria to Bill C-352 because it was similar to Bill C-64 at the same meeting where it applied different criteria, it seemed, to Bill C-364, which was declared votable, despite being on the same subject and amending the same Canada Elections Act as Bill C-50 and Bill C-33. There's an inconsistency there.

Third, allowing the subcommittee decision to stand is allowing the government to violate the separation of private members' business and to let it do through the back door what the rules were designed to forbid through the front door: to deny individual members their right to vote on their preferred item of private members' business.

As we all know, government bills are subject to party discipline. Private members' bills have been the exception to this, and in our bible, which is O'Brien and Bosc, House of Commons Procedure and Practice, it is clear that these rules were developed over decades, leading to a system based on the following fundamental characteristics: each member should have “at least one opportunity per Parliament to have an item of Private Members' Business debated” and voted upon, and “each item in the Order of Precedence would be votable, unless the sponsor opted to make it non-votable.”

The basic premise for PMBs is that government business is fundamentally different from private members' business. This premise was put in place to protect individual initiatives from members against the power of majority governments, including the power to try to knock off a bill.

Now, to emphasize the differences, the House has many rules built in to reflect the separation of government and private members' business. Amendments to private members' motions can only be moved with the consent of the sponsor. PMB recorded divisions, as we know, are done row by row in the chamber, and not by party. The lottery is designed to exclude ministers and parliamentary secretaries from PMBs, and if the committee makes a decision and it is appealed, the appeal is done by secret ballot on the floor of the House of Commons. The only other time this arises is when we elect a Speaker at the beginning of Parliament.

I would like to pass the microphone back now to Ms. Malcolmson, who will explain why Bill C-352 is so different from Bill C-64.

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Thank you, Chair, and thank you to the committee members for agreeing to hear my appeal.

I know you've had a long day already, and I really appreciate your hearing my argument that my private member's bill, Bill C-352, be deemed votable.

Because I've raised this issue 80 times in the House since being elected, I'm guessing that you already understand the imperative to act on this issue, so I'm not going to describe it. I would like to start our presentation by turning to New Democrat House leader Peter Julian. He'll be able to talk a little bit about the history of PMBs and some of the process part, then I will make the technical comparison, arguing that the government's bill and my bill are not in conflict.