Bill C-48 (Historical)

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 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.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

If I could return back to you for a moment, Peter, and this may apply to you as well, Marilyn, the Haida have set up joint decision-making tables with the federal government around Gwaii Haanas and some other initiatives. It would be helpful, as an amendment to Bill C-48, to have joint decision-making or joint management over something like the tanker ban because you've talked about exemptions and the power of the minister to deem certain traffic admissible and go through the ban. If we amended this bill to allow for joint decision-making between the north coast nations and the federal government, would it provide any assurance about how such a tanker ban would actually be implemented?

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Why is it so important for the feds to come in as a partner on that impact assessment? Why is that so critical? Aside from the immediate costs, why do the assessment? Why is it so critical?

As well, should things like that be included in Bill C-48 if we're amending this bill?

[Chief Marilyn Slett]

We would like to see Bill C-48 pass. We support the bill. We propose—and we said it in our five minutes here—that there be some consultation on the regulations, and we would like the opportunity to go through that consultation with the crown. For things like financial obligations, paying for impact assessments, traversing through our waters, and when and where, we believe further consultation is required on the regulations.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Okay.

Is that true of the Heiltsuk Nation as well, that you're entirely in support of Bill C-48?

[Peter Lantin]

Yes, I think we said generally speaking we support Bill C-48. Getting into the details for us is the concern around the definition of “refined oil”. There has been a lot of discussion in this area around, never mind crude oil, let's talk about refined oil. For the Haida Nation, those two things we look at in the same light. As they transit into our territory, if it's refined oil or crude oil, either-or is going to be devastating to Haida Gwaii. In our opinion, we support the moratorium generally, but we believe that it could go further and include refined oil, large quantities of refined oil.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Okay.

I think one of the witnesses told us, Madam Chair, they were in support of Bill C-48, but I thought I heard there were some concerns you had with it, or some conditions on that support.

[Peter Lantin]

No. Like I said, he came to Haida Gwaii also in the summer of 2016, and then we had another video conference with the minister I think a few months ago. Again, it was all in generalities, it was never in regard to Bill C-48 specifically.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Thank you, Mr. Lantin.

Was that the only meeting you held with the federal government, the minister, before the introduction of Bill C-48? Was that January 2016 meeting the only meeting that you had with the government before the government introduced that bill in the House of Commons?

[Peter Lantin]

Not specifically to the actual bill itself. Back in January 2016, Minister Garneau convened a meeting in Prince Rupert of all of the coastal nations. Right after the Liberal government was elected he fulfilled that promise to come to the north and engage us on shipping in general, but the moratorium was conceptually alive at that time. There have been a few more visits from Minister Garneau into Haida Gwaii, where everything I've laid out in terms of our position was also articulated to the minister as well. In general, yes, there's been consultation, but not specifically in regard to Bill C-48, although we have had quite a bit of discussion with the minister.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Thank you. I appreciate that answer.

For the Haida Nation, I'm wondering if there were consultations or meetings between the federal government and the Haida Nation with respect to Bill C-48 before it was introduced by a minister of the crown in the House of Commons.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

I understand that. Thank you.

So there were no meetings or consultations on Bill C-48 before its introduction in the House of Commons earlier this year. Is that correct?

[Chief Marilyn Slett]

We're not aware of consultations specifically with the Heiltsuk on Bill C-48, but we do want to express that we have supported the moratorium.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Thank you, Madam Chair.

I'd like to ask questions of both the Haida Nation and the Heiltsuk Nation regarding the consultations that led to the introduction by the government, by the minister of the crown, of Bill C-48 in the House of Commons.

Maybe I'll focus first on the Heiltsuk Nation.

I'd like to know if the government consulted you, had meetings with you, before Bill C-48's introduction in the House of Commons.

[Peter Lantin, President, Council of the Haida Nation]

Good afternoon to everybody back east, and greetings from Haida Gwaii. My name is kil tlaats ‘gaa Peter Lantin. I am the president and official spokesperson for the Haida Nation.

Generally, the Haida Nation supports Bill C-48, but we propose changes to strengthen the bill to protect Haida interests and rights. I'll begin by providing some context to our submissions.

In the Haida language, Haida Gwaii means “the islands of the people”. Haida oral traditions tell the origins of these islands and our origin from the oceans of Haida Gwaii.

Our territory includes the islands and the surrounding waters, which include the entire Dixon Entrance; half of Hecate Strait, north and south; Queen Charlotte Sound halfway to Vancouver Island; and westward into the abyssal ocean depths, including the 200-nautical mile limit of the exclusive economic zone.

The Haida Nation has worked with Canada and the Province of B.C. to protect sensitive areas within the Haida territory. This includes the Gwaii Haanas marine area, which has been called and “one of the world's great ecological and cultural treasures.” Other protected areas include Sgaan Kinghlas - Bowie Seamount marine protected area, jointly designated with the Government of Canada. As well, we manage marine areas with the Province of B.C. under both the Haida Gwaii marine plan and land use plans.

The Haida protected areas protect a diversity of habitats and numerous species, including marine mammals, seabirds, fish, invertebrates, and microalgae. These areas are essential for the health and well-being of Haida citizens and Haida culture and are vulnerable to shipping, underwater noise, and the introduction of aquatic invasive species and oil spills. The Haida territory and Haida protected areas are well-known to the Government of Canada.

For those reasons, the Haida Nation joined other indigenous nations and environmental organizations to oppose the Enbridge northern gateway pipeline project that would have seen the transport of crude oil through Haida territorial waters. Together we overturned the federal approval of the project.

The proposed moratorium is an important first step towards achieving long-term protection from the risks of oil tankers and oil spills. We propose the following changes that could help strengthen the proposed bill. I will provide some proposed amendments from the Haida perspective.

First, there are plans to construct oil refineries and to transport refined oil products on the north coast. In the event of a spill, these projects carry great risk to ecosystems, communities, and the economy. The moratorium must be expanded to also ban the transport of large quantities of refined oils, such as gasoline, jet fuel, and diesel oil.

Second, further measures are required to keep large vessels at a safe and sufficient distance offshore from the west coast of Haida Gwaii. At a minimum, the area of the moratorium must apply to the current voluntary tanker exclusion zone.

The risk of harm to Haida Gwaii is largely driven by the absence of emergency towing vessels. A dedicated tug located in Haida Gwaii to provide emergency towing to vessel traffic transiting Haida territorial waters is therefore our third proposal.

Fourth, we urge the federal government to pursue international marine organization sensitive area designations to apply to all shipping to complement regulatory measures.

Fifth, the Haida Nation and Transport Canada must prioritize and complete our work of updating the Pacific places of refuge contingency plan.

Sixth, we have negotiated with Canada and B.C. collaborative management agreements covering the entire terrestrial and portions of the marine areas of Haida Gwaii. These agreements, upheld by the Federal Court of Canada, provide the federal government the unique and powerful opportunity to implement the United Nations Declaration on the Rights of Indigenous Peoples in a way that genuinely respects and implements reconciliation.

Seventh, a broad power to set limits or conditions on tankers, coupled with timely and sufficient access to information, will allow the management bodies under the Haida agreements to regulate the transport of essential oil products for communities through Haida territorial waters. The Heiltsuk Nation will speak further about this amendment.

We support West Coast Environmental Law in requesting an amendment to limit ministerial exemptions to the moratorium in case of emergencies. We also support the submissions of the Sierra Club of B.C. regarding expanding the moratorium to include decreased tonnage thresholds and to ban the transport of oil products, not just the loading and unloading.

In conclusion, the Haida Nation understood that the federal government had committed to ban crude oil tankers transiting and transporting oil products through the north coast. As drafted, the bill does not go nearly far enough to protect the Haida and other communities of the north coast from the devastating impacts of an oil spill. Our proposed amendments will help strengthen the moratorium to provide real protection to Haida Gwaii and the north coast.

Hawaa.

Thank you.

[The Chair (Hon. Judy A. Sgro (Humber River—Black Creek, Lib.)), Liberal, Judy Sgro]

I call to order this meeting of the Standing Committee on Transport, Infrastructure and Communities. Pursuant to the order of reference of Wednesday, October 4, 2017, we are examining 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.

Good afternoon. Welcome, invited guests. I would like to begin by acknowledging that the land on which we gather is the traditional unceded territory of the Algonquin Anishinabe people.

For witnesses on this panel, we have from the Council of the Haida Nation, Peter Lantin. From the Heiltsuk Nation, we have Marilyn Slett and Reg Moody-Humchitt. We have two by teleconference. We will start with Mr. Lantin.

Go ahead, sir.