Oil Tanker Moratorium Act

An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Marc Garneau  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment enacts the Oil Tanker Moratorium Act, which prohibits oil tankers that are carrying more than 12 500 metric tons of crude oil or persistent oil as cargo from stopping, or unloading crude oil or persistent oil, at ports or marine installations located along British Columbia’s north coast from the northern tip of Vancouver Island to the Alaska border. The Act prohibits loading if it would result in the oil tanker carrying more than 12 500 metric tons of those oils as cargo.
The Act also prohibits vessels and persons from transporting crude oil or persistent oil between oil tankers and those ports or marine installations for the purpose of aiding the oil tanker to circumvent the prohibitions on oil tankers.
Finally, the Act establishes an administration and enforcement regime that includes requirements to provide information and to follow directions and that provides for penalties of up to a maximum of five million dollars.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-48s:

C-48 (2023) Law An Act to amend the Criminal Code (bail reform)
C-48 (2014) Modernization of Canada's Grain Industry Act
C-48 (2012) Law Technical Tax Amendments Act, 2012
C-48 (2010) Law Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act

Votes

June 18, 2019 Passed Motion respecting Senate amendments to Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast
June 18, 2019 Passed Motion for closure
May 8, 2018 Passed 3rd reading and adoption of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast
May 1, 2018 Passed Concurrence at report stage of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast
May 1, 2018 Failed Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast (report stage amendment)
Oct. 4, 2017 Passed 2nd reading of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast
Oct. 4, 2017 Passed Time allocation for Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast

Oil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 5:55 p.m.

Conservative

Dean Allison Conservative Niagara West, ON

Mr. Speaker, what the Liberals fail to see is that there is a challenge, an undercurrent in this country where investment is starting to dry up because of decisions the government has made. The Liberals go around the world telling people to come and invest in Canada, and yet a number of investment dollars have left. Last summer, when the Liberals mused about making tax cuts, the Canadian Federation of Independent Business brought in stakeholders and talked about how a billion dollars had left the country, because capital can flee.

Given some of the challenges that have been going on with building pipelines, does the member believe that we are going to be in trouble in terms of being able to attract direct foreign investment as we move forward from this point on?

Oil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 5:55 p.m.

Conservative

Ben Lobb Conservative Huron—Bruce, ON

Mr. Speaker, we are at a very significant period of time in Canada's history. Can we get big projects done? Do we have the will, not just from the business side but also from the environmental side, to lay out in clear terms what it takes to get a project done? The Liberals have taken that and destroyed all certainty. No one knows. There are projects that have been under environmental assessment for over a decade, very complicated and complex environmental assessment, and because of the changes the Liberals have made, it does not work. I know of a gold mine that was almost through the environmental assessment process, and then the Liberals changed the process and now it has to start over again. That is not good for business. It is a waste of time.

We are at an important point in this country's history. Do we have the intestinal fortitude to get these projects done, get people back to work, and continue to make this the greatest country in the world?

Oil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 5:55 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, as this bill would predominantly affect my riding in northwestern British Columbia, and as we have been dealing with this issue for more than a generation, there is some authority in terms of the people I represent and for whom I speak.

Here is a fundamental question we have been asking for years. The northern gateway pipeline, and now the Kinder Morgan pipeline, proposed to move diluted bitumen through a pipeline to the west coast. A question we have been consistently asking of the former Conservative government and the current Liberal government is what happens when this stuff gets into water and whether they can clean it up. Diluted bitumen has different properties than traditional, conventional oil, and the best knowledge we have so far is that it cannot be cleaned up because it sinks.

Does my friend have anything to reassure us, or even assure, because no one actually has a lot of assurance right now, that in the event of a spill from a pipeline or a tanker in the ocean we have current technology that would clean up even a scintilla of the oil that actually gets into the environment?

Oil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 6 p.m.

Conservative

Ben Lobb Conservative Huron—Bruce, ON

Mr. Speaker, I have a high level of regard for the member. He sat on the committee for many of the meetings while we were studying the bill.

I began my speech by saying that I am not a scientist and I would never proclaim to be. Although there are many members in the House who think they are scientists, I would probably want to check their degrees and make sure they are in fact scientists.

I know for a fact that the member for Skeena—Bulkley Valley is not 100% pleased with this bill. He and I respectfully have different views on this bill and what it should do, but from his perspective, too, he probably has questions about consultation, questions about the schedule, and many other questions. Here is a member who would like to see the bill go further, and he has issues with it. That is fair. He has not had his questions answered, either.

Oil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 6 p.m.

Conservative

Martin Shields Conservative Bow River, AB

Mr. Speaker, today we have heard many intelligent comments about Bill C-48 from many people with an extreme amount of knowledge on this topic, and there have been many questions of those people. Maybe that leaves me with rhetoric. I do not know what is left to say, but I will try.

Trade has always been a pivotal component of life in Canada. Long ago, before European settlement, indigenous peoples traded prolifically. On the British Columbia coast, much of that trade was conducted by water. For example, the Haida Nation made use of large commercial canoes to achieve great prosperity along the Pacific coast. It is quite remarkable that this legislation makes such a radical departure from Canadian history. In Canada we have some of the most lucrative trading goods in the history of humanity at our disposal, namely oil and gas, but we cannot trade them, because we cannot access the market to do it. It seems a betrayal of Canada's historical legacy as a trading nation.

Unfortunately, this oil tanker moratorium appears to be just another stage of the government's plan to phase out Canada's energy sector. We desperately need to diversify Canada's export markets for oil and gas, yet Bill C-48 would take further steps to limit access to tidewater for Canadian oil. It is not just a tanker moratorium; it is a pipeline moratorium. The government has increasingly demonstrated that its agenda is dictated by radical activists and the foreign donors who support them. These people want Canada to be nothing more than a giant nature preserve.

Of course, we do have vast areas of pristine wilderness that I think all Canadians are proud of. I have been on the coast of Newfoundland all the way down to New Brunswick. It is a beautiful coastline. I was probably on the Pacific Rim, which is now the Pacific Rim National Park, before many people in the House were born. I have been on the tide pools and the coast and the beautiful Pacific part of Vancouver Island. Some members are older, which the minister might be, but some of us are a little older than he is.

I know that the Prime Minister was just in Europe, in France and Paris, and he apologized about being so slow to phase out the energy sector. It might have shocked his audience to find that Canada is not just one large nature preserve. People live here in Canada and people across the country work in the Canadian energy industry, and those people are being hurt by the government's disregard of the Canadian energy sector. In my riding of Bow River, the job losses have been catastrophic. People need pipelines with oil going to foreign markets. These people are highly skilled and highly trained. They may have found other jobs in other sectors, but they are much lower paying and are not using their highly trained skills.

Those foreign markets need oil. Global demand is growing. It is projected to keep growing at least for the next 30 years, especially in the Asia-Pacific region that we need to reach from the west coast. Let us get our economy back on track and meet this global demand.

As it stands, we are selling our oil at a huge discount to the United States. The U.S. sells it back to us to refine in New Brunswick refineries at the full market price. It is like building a car in Canada for $30,000 but having only one market, which offers us $15,000, and we take it, and then they sell it back to us for $30,000, because we have no choice.

By some estimates, the losses amount to at least a large school a day and a major hospital a week being built in the United States instead of in Canada. Hundreds of millions of dollars are lost because we cannot diversify our energy exports. It is a ridiculous situation. It is embarrassing to our country on the international stage when we look at countries that trade. Despite this totally unacceptable situation, we have learned that the government is funding anti-pipeline activists through the Canada summer jobs program, yet in my constituency, summer camps cannot get any money for summer jobs.

One constituent told me today that if people are convicted of obstructing justice, they should immediately be put on a no-fly list. They could not fly if they were convicted of obstructing justice while protesting. That is an interesting concept.

The government can dismiss the reality with its favourite talking points all it wants, but the issue is a lot more complicated than a talking point. Oil products are already shipped safely in and out of ports across Atlantic Canada and B.C. If we have to distill it down to a sound bite in the way the government likes to, let us put it like this: Venezuelan oil is shipped up the St. Lawrence to Montreal. If both those coasts were travelled on both sides of the St. Lawrence, one would find some of the most natural beauty in our country. It is very different on one side and the other, yet we are shipping large oil tankers all the way up the St. Lawrence to Montreal.

We are shipping Saudi Arabian oil to the east coast through the many islands to get to the refineries in St. John. If one has travelled on those islands and seen the beautiful coast, one knows we have skilled pilots on the west coast. It is tricky to get through to St. John's as well, but we are allowed to do that. Canadian oil is okay for Vancouver but not northern B.C. It does not make much sense when one puts it like that, but that is exactly what this legislation would implement.

This bill is yet another signal to investors that Canada's energy sector should be avoided. That is a travesty, especially since our former Conservative government already implemented responsible tanker safety regulations and established a world-class tanker safety system in 2014. That legislation modernized Canada's navigation system. It enhanced area response planning. However, we have had colleagues say we could do more. Well, we could do more. It built marine safety capacity in aboriginal communities and ensured polluters pay for spills and damages.

What we should be doing is building upon that successful safety record. Let us build more. We should be harnessing Canadian ingenuity and the great skills that our pilots have on the west coast. We should be collaborating with regional and indigenous stakeholders to develop even safer mechanisms for our coasts. We could maybe export that to the rest of the world. That is the logical next step, not a moratorium that would prevent any possibility of progress. Furthermore, a voluntary exclusion zone of 100 kilometres for oil tankers travelling from Alaska has already been in place since 1985 just beside this area.

Look at the current investment climate. Why pass legislation that does nothing more than remind investors of the government's attitude toward oil and gas? I guess what Maslow said was right. He said that when someone only has a hammer, everything starts to look like a nail. This legislation is nothing more than a nail in the coffin of investor confidence in Canada.

Some $80 billion in investment has now been driven out of Canada. I hear about this in my constituency. That is a huge number, but the devastating impact of the government's attitude toward oil and gas is not limited to investors. The indigenous nations mentioned earlier have sued the federal and provincial government over this tanker ban. They argue that it is an unjustified infringement on their aboriginal rights and title. In fact, 30 first nations started an online campaign to raise money against this ban. It does not seem that the government was able to convince them in the consultation process that it was a good idea.

I have had the opportunity to meet with several first nations elders. Their views on energy development are not as uniform as the government would have us believe. Many I spoke with did not want to be told what they could and could not develop. They want the autonomy to make their own decisions in the best interest of their people. They view this as a lack of consultation and a form of colonialism, as they mentioned to me. Many first nations leaders want the right to develop their resources in the way they choose.

Even if this legislation receives royal assent, U.S. tankers travelling from Alaska to Washington would continue to travel up and down the B.C. coast. This is not about the tankers; it is about tying the hands of future governments and preventing pipeline construction. It is a pipeline moratorium under a different name. It is the opposite action to what the government should be taking. It needs to send positive signals to international and Canadian energy investors. It needs to actively champion the diversification of energy exports. This bill would not do that, and I cannot support it.

Oil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 6:10 p.m.

NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, at the beginning of his speech, the member spoke about diversifying markets for oil and natural gas.

I would like to ask him the following question: instead, why not work on diversifying clean energy sources and the jobs that go with them, especially since we know that oil is a non-renewable, finite resource?

Oil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 6:10 p.m.

Conservative

Martin Shields Conservative Bow River, AB

Mr. Speaker, just after 2000, I read a book that talked about the declining numbers with respect to gas and oil in the world, that it was very limited, and that within 20 years it would be gone. Thanks to technology and innovation, and tremendous people in the oil and gas sector, those numbers in that book are total garbage now because we continue to find more. When members talk about finite resources, what exists today as far as gas and oil is concerned is twice what it was in 2000. Therefore, I am not sure about the prediction that it is limited, because we have proven that wrong in the last 15 years, because of great guys with innovation skills in the oil and gas sector who keep finding more resources in our globe.

Oil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 6:10 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, there are a number of points in my friend from Bow River's presentation that require a bit of a fact check.

There is a big difference on the west coast of B.C., particularly between Haida Gwaii and the coast. Hecate Strait particularly is an extremely active body of water. There is nothing like it or comparable, for instance, on the St. Lawrence Seaway or in eastern Canada. That is a bit of a backgrounder for why the moratorium was in place from 1972 until 2012, because of the specific threats to B.C.'s coast that oil tankers posed at that time.

I particularly want to take the member up on this idea that we have all this oil and gas, and that it keeps expanding. He may be quite right. We never thought we could frack Bakken shale, and we did not think we could pull bitumen up out of the oil sands, and that has expanded the available petroleum resources.

What is shrinking, what is finite, and what is actually overloaded is the space in the shared atmosphere for warming gases. If we look at any of the carbon budgets put forward by the efforts globally of scientists, we cannot afford to expand our fossil fuel use at all. We have to shrink it rapidly. I would ask him if he is familiar with recent science, and if he understands that a global catastrophe awaits those who think we can increase the volume of fossil fuels we use.

Oil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 6:10 p.m.

Conservative

Martin Shields Conservative Bow River, AB

Mr. Speaker, I know my colleague is extremely well versed on this particular topic and would have a much more significant depth and breadth of issues to deal with it.

What I do know is that I have met some of the most important people in terms of their skills, knowledge, and innovation. I believe that we have tremendous people on this globe who have found ways to do things innovatively that we did not even think of 15 years ago, maybe even 10 years ago. They have the ability to find different methods of dealing with those issues, such as the catastrophe that was mentioned, and we can solve those issues. We have tremendous people on this planet who can do that, and I believe in the people who live here.

Oil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 6:15 p.m.

Conservative

Dean Allison Conservative Niagara West, ON

Mr. Speaker, I sometimes feel that the Prime Minister is the captain of the Titanic and all these members are rearranging the deck chairs as they head toward an iceberg. Why I say that is the whole issue of direct foreign investment.

I had the chance to meet with 20 businesses from the Canadian Chamber of Commerce. These are large companies that have factories here in Canada. One company in particular said that it had six plants in Canada. It could assure us that, because it has other investments around the world, it will probably never invest in Canada again. That is troubling.

What is going on here in terms of direct foreign investment, in terms of uncertainty, and why do these issues matter as it relates to money being invested In Canada from other parts of the world?

Oil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 6:15 p.m.

Conservative

Martin Shields Conservative Bow River, AB

Mr. Speaker, my riding runs up beside Calgary, and we know what is happening in Calgary. When the president of Cenovus says that his office is now in Denver, we know what is happening. It may not have moved its head office yet, but we know what is going to happen.

I personally know a number of people in the oil sector who are now working in Texas because they know that is where the investment is. A number of highly skilled people are leaving their families to search for jobs and may end up in Australia or Africa. They are leaving because there is no work here because the investment has gone somewhere else in the world. It has left Canada and it will be a while before it comes back.

Oil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 6:15 p.m.

The Deputy Speaker Bruce Stanton

Resuming debate.

The question is on Motion No. 1. A vote on this motion also applies to Motion No. 2.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Oil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 6:15 p.m.

Some hon. members

Agreed.

No.

Oil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 6:15 p.m.

The Deputy Speaker Bruce Stanton

All those in favour of the motion will please say yea.

Oil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 6:15 p.m.

Some hon. members

Yea.