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

Transport, Infrastructure and CommunitiesCommittees of the HouseRoutine Proceedings

October 16th, 2017 / 3:55 p.m.


See context

Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I am pleased to rise today to speak to Bill C-48, the oil tanker moratorium act. I am very pleased because I was intending to speak to this two weeks ago before the Liberals brought in closure on this, but it is part of their whole plan of hypocrisy with their government. They say one thing and they do the other. For years, we heard about no more closure and how evil it is to have constant closure on debate. What they do every single chance they get when they do not like what they are hearing from the opposite side, or before they even hear from the opposite side, is bring in closure. Shame on them, but I am glad that we are able to discuss it today.

I want to correct the record. One of my colleagues across the way, the member for Winnipeg North, constantly talks about there being no pipelines built under the Conservative rule. I just want to correct that. Four were built. They are going to say that none went to tidewater. Three of the four connect to pipelines that go to tidewater. Saying that the TMX anchor that connects into Kinder Morgan that goes to Burnaby is not a pipeline that goes to tidewater is like saying that there are no flights that go from Ottawa to Vancouver because they have to connect through Toronto. They do get there. The reality is that the former Conservative government approved and had built four pipelines during our rule, three of which go directly to pipelines that go to tidewater. Therefore, I just want to correct the roll.

The Prime Minister has stood in the House many times promising to achieve both environmental salvation and unparalleled economic growth. He said his government believes that the Liberals and only the Liberals know how to bring about the true formula to achieve this seemingly oxymoronic balance of economic growth and environmental care. They dismiss the critics in the NDP as excessively environmentalist and they scoff at the Conservatives' concerns about putting arbitrary limits on business and economic development. No, they assure the economic growth and environmental communities, they know what they are doing. What better document to prove this finely calculated balance than Bill C-48, the oil tanker moratorium act?

Let us look at some history. Alberta, being a landlocked province, is paying dearly for the situation of not having more pipelines. Our energy companies apply for pipeline permits to the faraway paradises of British Columbia, New Brunswick, and the gulf states in the U.S. Pipelines, being the safest method of transporting crude, are in short supply in Canada despite the previous government's approval and oversight of the construction of multiple new ones, as I mentioned previously. Frustrated with selling a product under market value for years, Alberta companies placed their hopes in projects such as Keystone XL, northern gateway, Kinder Morgan, and energy east. The gargantuan, bureaucratic pipeline approval process in Canada means that most of these projects had their inception in the late 2000s, before finally becoming topical today.

One by one, project by project has made its way through the National Energy Board, and one by one the projects were demonstrated to be safe. The NEB, in doing its job, attached conditions, sometimes hundreds, to the pipeline approvals but some groups were not happy. Some special interest groups did not like the fact that Alberta might get its oil to market and so began protesting. Sensing an opportunity, the activist Liberals, at the time in third-party status, captured this overblown sentiment by promising to redo the process. If people do not like the process and do not like the decision, the Liberals said, then it must be flawed. The Liberals then began a campaign of discrediting the National Energy Board for following a long-standing process that arrived at decisions that the Liberals did not like. They shamelessly accused the NEB of bias, industry favours, and lack of diligence. For many decades of its existence, the NEB was a harmless and adequate process but suddenly, with Liberal votes on the line, it became a tool of Stephen Harper, the paragon of anti-environmentalism—so said the Liberals—and thus the NEB was his way of destroying the planet.

The Liberals promised to reform the NEB to remove bias and make decisions on evidence. What is one of the first things they did? They ignored the evidence surrounding the northern gateway decision by the NEB and killed it; then, they reformed the NEB in a way that does not make the process any better but does absolutely make our process more bureaucratic, a winning formula to be sure. With a few strokes, the Liberals now watch from the sidelines as pipelines languish. Where once there was hope, we are now left relying on Keystone XL to the U.S., the very same pipeline the Prime Minister, despite his cringe-worthy bromance with President Obama, could not deliver; northern gateway, cast aside by the oil tanker moratorium, which the government wants to codify with Bill C-48; and energy east, of course left to die in the labyrinth of ever-changing rules that only apply to Alberta oil, special interests, pontification, and Liberal indecision. That will be the new NEB.

Kinder Morgan is on its way to the courts thanks to the new government in British Columbia and the lack of enthusiasm from the Prime Minister. It will spend years tied up in court, moving from one hearing to another, until, as I am sure the government hopes, the company finally relinquishes the fight and concedes defeat.

Perhaps if Kinder Morgan had named the pipeline the C Series, the Liberals would be tripping all over themselves to get it built. Oddly, the government does not realize that approved does not mean constructed. Just two weeks ago in this very House, the energy minister stood and claimed that 6,400 jobs had been created already for Keystone, even though it has not been started, and by the way it was approved by the U.S. government, not the Liberal government.

He stood here and claimed that 15,500 jobs had been created for Kinder Morgan already, despite the fact that it has not started and they are sitting idly by while this project is slowly smothered. Like the non-stop bragging about historic levels of infrastructure spending, mere announcements do not mean anything has been accomplished. Until the taps are turned on, the Prime Minister's approval is meaningless.

What should the Prime Minister do? He should champion the project. He should meet with stakeholders, press his claim and make the case for the project to go through. If he can get down to the U.S. and press President Trump for Bombardier, he can certainly do the same by heading to B.C. and pressing for Kinder Morgan.

The current government seems to forget that projects do not magically happen. Budgets do not just balance themselves, and pipelines do not magically build themselves. Most likely, the Prime Minister took a call from Gerald Butts who took a call from some angry activists in British Columbia, who were astonished that the government would ever approve something as dastardly and destructive as the Kinder Morgan pipeline.

This brings me back to Bill C-48. We expect to hear much about how the Liberals have found the formula for protecting the environment while at the same time allowing our natural resource sector to grow. They have consulted far and wide, they say. In the government's press release, the Liberals have held approximately 75 engagement sessions to discuss improvements to marine safety and formalizing the oil tanker ban. It is funny that with a number as low as 75, they have to approximate and cannot count how many they actually did.

The Liberals consulted extensively with indigenous groups, they say, and also consulted with industry stakeholders and communities across Canada. Much like their consultations on electoral reform and the small business tax attack, they only listened to a select few within the Liberal echo chamber.

Here are some other voices from the consultation, though, that the Liberals did not seem to hear. The Chamber of Shipping of B.C. suggested that the proposed moratorium:

...contradicts ...the federal government's stated approach to environmental protection: evidence-based decision making....sends a very harmful signal to the international investment community.

The Canadian Association of Petroleum Producers argued that this proposed moratorium:

....could significantly impair Canada's oil and natural gas resources from reaching new markets....

It added that such a moratorium also prevents Canada from:

....receiving a fair market value for its resources.

The Chief's Council Eagle Spirit Energy Project, a first nations-led energy corridor proposal that has the support of the affected communities in B.C. and Alberta, has stated, on the proposed moratorium, which they say does not have their consent:

....there has been insufficient consultation....

Most interesting is the Liberals' outright ignoring of the fact-based evidence of the B.C. Coast Pilots. The B.C. Coast Pilots, who are responsible for the safe operating of ships off the coast, have some interesting facts. There has not been a single accident or oil spill with an oil freighter off the B.C. coast in over 50 years. That is not something we can say on the east coast where oddly enough we are happy to bring in oil from some of the worst human rights abusers in the world.

The B.C. Coast Pilots have an aggressive and unmatched-in-Canada safety program that has successfully protected our oceans and coastlines. At least a month before a vessel is placed on hire to come into our waters, the pilots do an extensive vetting process that includes all aspects of the vessel: safety records, crew records, past history. Any deficiencies will ensure that the vessel is not hired. This is even before the ship leaves foreign ports to come to our shores.

In addition, in the 96-hour report sent in, the Coast Guard VTS, the vessel traffic services, port state control will have all the necessary information from its last 10 ports of call, and any and all incidents will be recorded, as will all equipment deficiencies, if there are any.

Before the pilot boards, the VTS will have been provided with the deficiencies and the Transport Canada safety inspectors' report. Then, and only then, does the pilot board the vessel and is the final eyes and ears of the inspection process. The pilot will have the final say whether the ship will be put into anchor.

They have other safety standards above and beyond what I have listed, which is why they have an unblemished record with the transfer of oil on the B.C. coast over the last 50 years. That is not something we can say in regard to the east coast. Do we use the same strict measures on the east coast for oil brought into refineries in Newfoundland, New Brunswick, and Quebec? No, of course we do not.

Also, let us look where we are bringing this oil into eastern Canada from. Six hundred and fifty thousand barrels a day of conflict oil is brought right into Canada off the pristine shores of the east coast. Why is there no ban on the east coast? Why is there a double standard? Is it not a case of pristine coastal shoreline is pristine coastal shoreline is pristine coastal shoreline? I guess not.

The oil that we bring in from Saudi Arabia is from a regime that is often criticized in the House for rights abuses using Canadian-made arms. The Liberals will gleefully hold that country and the oil freighters it uses to a lower safety standard than used on the B.C. coast.

Oil comes from the democratic paradise of Venezuela. This is what the foreign affairs minister had to say about our great oil supplier off the east coast: “Canada denounces and condemns today’s significant and undemocratic action by the Venezuelan regime.... robbing the Venezuelan people of their fundamental democratic rights.” The minister even applied sanctions two weeks ago against the officials responsible for the deterioration of democracy in Venezuela. However, it is okay to allow its oil to come into Canada with freighters using a lower safety standard.

On the east coast, we bring in oil from Nigeria. Human Rights Watch says this of Nigeria: “Many of the grave human rights challenges he promised to address in his inauguration speech remain largely unaddressed and unresolved.” Again, that oil is subject to lower safety standards than on the west coast. Human Rights Watch continues that Angola has suffered during 2016 due to continued government repression.

I want to read a couple of quotes from people in this House about some of the countries we bring oil into Canada from. The NDP foreign affairs critic said of Saudi Arabia that “These cases once again highlight the Saudi authorities’ disregard for human rights.... Canada must stand up for its values and show leadership in defending human rights at home and abroad.” Here we are criticizing Saudi Arabia, saying our government must stand up and show its leadership and Canadian values at home and abroad, at the same time as we are banning the use of oil freighters off the north coast using Alberta oil, the most highly regulated oil extraction in the world. We are banning that, but on the east coast, which uses a lower safety standard for oil freighters, we are bringing in oil from Saudi Arabia, one of the worst human rights abusers in the world. Even our NDP colleague stated this.

The Minister of Foreign Affairs states about Venezuela that “Our government deplores the actions of the Maduro regime.... [A]nd will not stand by as the Government of Venezuela robs its people of their fundamental rights.” She will not stand by while the government robs its people of their fundamental rights, but she will stand by to ensure that they get Canadian money for their oil. The oil industry has been nationalized in Venezuela, so every single day we bring in oil from Venezuela, we are propping up the despotic regime of Maduro. We sit in the House and criticize him, but at the same time we block Alberta oil and ensure that we enrich the thugs of the Venezuelan regime. It is absolutely shameful.

The former leader of the NDP, a man I have a lot of respect for, has said, “It does not make any sense that in Canada right now, we are importing crude oil from insecure foreign sources like Algeria and Russia, and having it refined at Valero's large refinery in Saint-Romuald across from Quebec City.” He was also commenting on the hypocrisy of the Liberals in dealing with Saudi Arabia, selling them arms and bringing in Saudi oil.

He continued, “They can emote about human rights and Canada's role in the world. What we see them...doing is selling...[arms] to one of the most gruesome, repressive regimes on the planet...Saudi Arabia.” It is one of the most repressive regimes, and yet we are happy to buy their oil, give them hard currency, and prop up their despotic regime. Again, why is bringing in oil from serial human rights abusers using lower safety standards for shipping into the east coast okay, but shipping Canadian oil from the Pacific coast using the highest safety standards not okay?

Industry believes that Bill C-48 is too heavy-handed, and first nations groups who stand to benefit from the project did not give their consent to the moratorium. Of course, environmentalist believe that the legislation does not go far enough. Social licence to them is much like the Stanley Cup to the Maple Leafs, something to be dreamed about but we know is never going to happen.

The government does not seem to get it. It writes legislation solely to satisfy foreign-funded special interest groups to chase away investment and jobs from Canada and to punish Albertans and Canadians. This legislation, Bill C-48, is the epitome of typical Liberal policy. It is too focused on special interest groups to look at real evidence, the Liberal government then capitulates, and Canadians are made to suffer for it.

I want to discuss a few letters I received from some Albertans in my constituency. It is no secret that the province has been suffering for a few years between the provincial government's carbon tax, chasing away investment, driving up costs, and driving up taxes, and the Liberal government's carbon tax and pipeline killing rules. Alberta is suffering. We have received a lot of calls to the office about some of the issues.

Since 2014, unemployment has doubled in Alberta. Over 200,000 people are unemployed, 122,000 oil workers have lost their jobs, and unemployment is near a 20-year high. Food bank usage in Edmonton alone is up 60%. According to the CFIB, 45% of Alberta business owners are looking to cut back on staffing. What do we do? We have a government that destroys pipelines and takes away the hope of getting our oil to market. Our communities and families are suffering.

I received a letter from a lady named Sharon who lives in my riding. She says:

The job crisis in Alberta affects my family...negatively. My husband lost his job last July, and is still job hunting. I'm worried because I'm the only one working in the family. It's...tough...now, and I don't know when everything goes back to normal.

I can feel for Sharon. Just last week, we held a town hall in downtown Edmonton because the member for Edmonton Centre refused to do an open town hall. We had a town hall on the business tax attack. We had well over 120 people come out and tell us about their issues. I met a young lady whose husband had just been laid off. She had been laid off as well. They could not find work so their answer was that they would create their own work, create their own jobs and go into business for themselves. Then they sit and look at the Liberal attacks on small businesses and ask us how they can do that. They have lost their jobs in the energy sector, the Liberal government is killing pipelines and killing hope. They want to go into business for themselves but now they are being attacked on that front as well. They asked how they could even hope to thrive in Alberta. It is difficult to understand how, given what the Liberal government and the NDP government in Alberta are doing, they can find help or hope, but I can trust that Albertans will pull through if anyone can.

I met a lady named Kathy who said that her husband worked for a large firm. That firm has is are continuing to lay off thousands, and it is scary living that way. A gentleman named Don contacted our office and said that the Liberal government's lack of a real plan was putting families like his further in debt with no help to recover. It is a struggle to keep up with day to day bills. A lady named Martha said that the continuing lack of employment opportunities were concerning and disheartening. She constantly worries about how she will be able to support her family. It goes on and on and on and on.

What could we do to help? A perfect example would be the superclusters we hear so much about from the Liberal government. Superclusters here, superclusters there, superclusters for everyone. The energy industry, together as a consortium, put in a bid for some of the supercluster funding. We had some of the biggest names in the energy world putting through a package to be one of the named superclusters. They put one through for energy investment, including clean energy investment, and what happened? The government passed them by in order to invest in other areas of Canada.

The government's attack on Alberta must end.

I see that I am out of time.

Transport, Infrastructure and CommunitiesCommittees of the HouseRoutine Proceedings

October 16th, 2017 / 3:40 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I want to ask my colleague about the national unity dimension of the whole discussion around pipelines, because some of this has come out recently. It is my belief that we should be able to have these kinds of debates without the Prime Minister, for instance, saying that we should not have this debate for fear of a negative impact on national unity.

We should be able to have this conversation and debate and present different points of view. Most Canadians I talk to are united in believing that development should be able to go forward. Maybe the NDP and the government have a different perspective on it, but certainly we should be able to have debates on Bill C-48, the importance of pipelines, and these sorts of things in the House without raising the spectre of negative impacts on national unity.

If there is anything negatively impacting national unity, frankly, it is the unfair policies of the government toward the west. I wonder if the member would agree with me on that.

Transport, Infrastructure and CommunitiesCommittees of the HouseRoutine Proceedings

October 16th, 2017 / 3:30 p.m.


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Conservative

Mark Strahl Conservative Chilliwack—Hope, BC

Mr. Speaker, the member gets a gold star for working middle-class Canadians into his question. However, I again quote from page 1 of the Liberal throne speech on December 4, 2015, which states, “Canada succeeds in large part because here, diverse perspectives and different opinions are celebrated, not silenced.” They are only celebrated if they are the same as the Liberals' preconceived notions. That is the only time they celebrate diversity and different opinions. We can have different opinions as long as they are the same as the Liberals'. They say diversity is our strength as long as they are the same as we are.

Conservatives have a different opinion on Bill C-48, and again and again the government takes away an ability of the representatives of the people to speak. We are temporary occupants here, but we are each sent here to represent about 100,000 people. When Liberals prevent us from sharing the points of view of the people who sent us here, they are not depriving Conservatives of their right to speak, which is what they think they are doing—they think this is just a partisan game—they are depriving the people of Chilliwack—Hope, and all constituents, the right to be heard. This is the House of Commons. It should be respected, and it is time that Liberals started to do it.

Transport, Infrastructure and CommunitiesCommittees of the HouseRoutine Proceedings

October 16th, 2017 / 3:10 p.m.


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Conservative

Mark Strahl Conservative Chilliwack—Hope, BC

moved:

That it be an instruction to the Standing Committee on Transport, Infrastructure and Communities that, during its consideration 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, the Committee be granted the power to travel throughout Canada to hear testimony from interested parties and that the necessary staff do accompany the Committee, provided that the travel does not exceed 45 sitting days.

Mr. Speaker, it is as always a pleasure to rise in the House on behalf of the people of Chilliwack—Hope.

We are going to speak a bit this afternoon to Bill C-48, the proposed oil tanker moratorium act, which the government does not actually want us to talk about. The government moved closure and cut off debate after only two official opposition members had an opportunity to speak to it. They used what the member for New Westminster—Burnaby calls the parliamentary “guillotine” to cut off debate on a bill that is important to people in our caucus and the people we represent.

People all across the country have different views on Bill C-48, but they were not allowed to be heard, so we are going to give them a voice here today in the House by debating this motion to have the committee travel.

Even though the government does not want to hear from the representatives of the people of Canada, we want that committee to go across Canada to talk about this legislation and to the people who will be most impacted by it. That could mean going to Calgary to talk to people who have seen their livelihoods ripped away from them, aided and abetted quite frankly by government policy that is punishing the energy sector. We saw today on the news that the vacancy rate in Calgary office towers is still near 30%. It is a tragedy that the Liberal government has ignored, but we will not let it ignore it. That is why we will be talking about this here in the House today.

The committee could go to northern British Columbia, where members could talk to the aboriginal equity partners, a group of 31 first nations and Métis communities that signed on to be a 33% partner in the northern gateway pipeline project that was killed by the government for no reason other than it went through a forest the Prime Minister liked. This was a completely arbitrary political decision not based on evidence, not based on science, but on the political whims of the Prime Minister and his friends in the PMO.

What did that decision do? It stole $2 billion of prosperity from aboriginal communities in northern B.C. and northern Alberta, which have no other prospect of economic development. They were going to be for the first-time owners of a major trans-provincial pipeline. They were going to have a stake in that, and the Liberal government took it away. Not only did the government take away the prosperity that would have resulted from that project, but took it away for every project that might cross northern British Columbia for the rest of time, by making this oil tanker moratorium come into effect.

The government never talks about how the aboriginal equity partners supported this responsible resource development project, which was approved using the exact same rules this government used to approve the Trans Mountain pipeline expansion. The Liberals talk about what a great decision that was. They brag about it when they are in Houston. They brag about it when they are in Calgary. They do not come to B.C. and talk about it very much because Liberal members are afraid of the backlash they will receive, but they used the exact same process for the northern gateway pipeline as the Trans Mountain pipeline, but again, this one went through a forest that the Prime Minister might have hiked in a couple of times and he did not want it to go there.

What did that do? I am going to read into the record a statement by the aboriginal equity partner stewards, Bruce Dumont, the past president of the Métis Nation British Columbia; David McPhee, president of the Aseniwuche Wienwak Nation; Chief Elmer Derrick, Gitxsan Nation hereditary chief; and Elmer Ghostkeeper of the Buffalo Lake Métis Settlement, who said:

We are profoundly shocked and disappointed by the news that the Federal Government has no intention of pursuing any further consultation and dialogue with our communities on the important issue of the Northern Gateway Project. We are also deeply disappointed that a Prime Minister who campaigned on a promise of reconciliation with Indigenous communities would now blatantly choose to deny our 31 First Nations and Métis communities of our constitutionally protected right to economic development. We see today's announcement as clear evidence of their unwillingness to follow through on his promise.

The Government of Canada could have demonstrated its commitment by working with us as environmental stewards of the land and water to enhance marine safety. All 31 AEP plus the other affected communities should have been consulted directly and individually in order to meet the Federal Government's duty to consult.

The North Coast tanker moratorium will eliminate significant financial and social benefits committed to our communities through our ownership and participation in the Project.

It is time for governments to stop politicizing projects which take place on our lands - especially projects that are owned by Indigenous peoples.

The Aboriginal Equity Partners is a unique and historic partnership that establishes a new model for conducting natural resource development on our lands and traditional territories. We are owners of Northern Gateway and are participating in the project as equals.

The economic benefits from Northern Gateway to Indigenous communities are unprecedented in Canadian history. As part of the opportunity to share up to 33% ownership and control in a major Canadian energy infrastructure project, the project's Aboriginal Equity Partners will also receive $2 billion in long-term economic, business, and education opportunities for their communities.

Our goal is for Northern Gateway to help our young people to have a future where they can stay in their communities with training and work opportunities. We remain committed to Northern Gateway and the opportunities and responsibilities that come with our ownership. We also remain committed to working with our partners to ensure our environment is protected for future generations.

AEP will now consult with our member communities to determine our next steps.

We have never heard that from the government. The Liberals shut down debate on Bill C-48 so we could not hear it again. The Liberals do not want people to understand the damage they would do to aboriginal economic prospects, to aboriginal prosperity, by shutting down tanker traffic in just one region of the country. The health and prosperity of those communities would be put at risk. We notice this does not apply anywhere else in the country. For Venezuelan tankers coming up the St. Lawrence Seaway, no problem. For Algerian tankers coming in to New Brunswick, it is all good. For U.S. tankers coming in to the Port of Vancouver, no problem. It is only when Canadian tankers might take Canadian oil to sell abroad that there is a problem, that we then have to shut down an entire region to economic development. There is more aboriginal support for responsible resource development and more opposition to this very bill, Bill C-48, that the government does not want us to debate here in this chamber.

Here is a statement on the federal tanker ban legislation by the chief's council of the Eagle Spirit energy project:

As Chiefs from British Columbia and Alberta we are very disappointed with the inappropriate actions taken today by [the] Prime Minister...and the Federal Government by introducing a tanker ban on Canada's west coast. We feel strongly that a blanket tanker moratorium is not the answer. Once again, government and international environmental lobby groups want to make decisions for our communities instead of us letting us make them.

The Government of Canada should accept the analysis of affected coastal First Nations rather than put in place a blanket Tanker Moratorium, especially for First Nations led projects. We believe a First Nations process should be implemented to help determine what resource projects can be developed on our lands and what products can be shipped off of our coast lines.

To be clear; there has been insufficient consultation for the proposed Tanker Moratorium and it does not have our consent. As Indigenous peoples, we want to preserve the right to determine the types of activities that take place in our territories and do not accept that the federal government should tell us how to preserve, protect, and work within our traditional territories.

[The Prime Minister] committed to support the United Nations Declaration on the Rights of Indigenous Peoples which combined with Section 35 of the Constitution means that the Government of Canada has a commitment to achieve free, prior and informed consent of Aboriginal groups in several instances, including for the approval of any projects affecting Aboriginal lands or territories. We will not support projects that endanger our communities and the environment; however, we do believe environmental protection and responsible economic development is possible. This ill-conceived legislation puts the prosperity and the future of our people, particularly our youth, in jeopardy.

Once again the federal government is not respecting nation-to-nation dialogue and consultation and is forging ahead on proposals without the consent of many Indigenous communities. We urge the Prime Minister to live up to the commitments he has made to Indigenous Peoples. The Chief's Council will continue to study this legislation and our options and will have more to say in the days to come.

Again, these are indigenous groups who stand to benefit from responsible resource development on their traditional territories, first nations-led projects. However, the Liberals saw no need to consult with them. They only want to consult with people who agree with their point of view. We have seen that time and time again, and we saw it again in this House. When they did not agree with our point of view as the official opposition, they shut down the debate all together. After only two opposition speakers, they cut off the debate and said this would be better studied in committee, as though the 96 members of Parliament represented in our caucus have no value here. What we saw is the breaking of another promise.

In their throne speech of December 4, 2015, entitled “Making Real Change Happen”, the Liberals said the following on page 1:

Canada succeeds in large part because here, diverse perspectives and different opinions are celebrated, not silenced. Parliament shall be no exception.

In this Parliament, all members will be honoured, respected and heard, wherever they sit. For here, in these chambers, the voices of all Canadians matter.

Once again, that was a broken promise. They obviously did not mean it. That did not last very long.

We want to be heard on Bill C-48, on this tanker ban moratorium, and we want to be heard because of the people this impacts. The Liberals just want to pat themselves on the back and say they did not need to consult with Aboriginal Equity Partners or with Eagle Spirit Energy group. They did not need to consult with them because they had heard enough. They heard what they wanted to hear, so then they stopped listening. That is what they are doing again today. That is what they have done throughout this Parliament. They simply say that they know best and only consult with groups that are going to tell them what they want to hear.

That is why, when I was the shadow minister for natural resources, I asked, through Order Paper Question No. 786, for the government to detail the consultations they had between October 19, 2015 and November 26, 2016, the date they announced they were killing northern gateway. I asked them to include a list of the dates that they met, the location where they met, the first nation and Métis communities present at those meetings, the cost of each meeting, and the summary for each meeting. That was to make sure that they had fulfilled their duty to consult with those groups. What did I get back? In short, I got back that the Government of Canada was not required to undertake those consultations with indigenous groups because they determined it did not impact their section 35 rights. I would say that the aboriginal communities that I have read these letters from certainly feel that their section 35 rights have been impacted, yet the Liberal government does not want to hear from them.

Closure has been forced. They slammed the door on further debate at second reading and sent it off to committee. We say that the committee should travel to hear from Canadians. If they do not want to hear from the representatives of Canadians, which they obviously do not and have made that clear, then maybe we should go from coast to coast to hear from those Canadians who would be directly impacted. They could also talk about the impact they have had, not only on the west coast but on the east coast as well. There has been deafening silence from the 32 Liberal members of Parliament who represent the Atlantic provinces after the actions of the Liberal government helped to kill the energy east project.

The Liberals want us to believe that the spot price of oil on any given day determines the outcome of a 50-year, $55-billion project. That is crazy to think that the spot price today can impact the decision for energy east. Former employees who worked on that project have made it clear that it was the government's interference, the changing regulatory regime, the constant moving of the goalposts, and the shutting down of the review process and restarting it again that caused energy east to back away and give up the $1 billion they had already sunk into the project. They said they were done, that they knew under the Liberal government they could not get this project built.

We saw Liberal politicians dancing on the graves of those energy worker jobs. We saw Denis Coderre celebrating and taking credit for it. Did we see any push-back from the government when that project that would represent 15,000 construction jobs, that would represent $55 billion in GDP to this country, which would have displaced foreign oil from conflict regions of the world, was killed by this regulatory burden? Did we see any push-back?

We saw the government hilariously trying to blame Stephen Harper. That was a new one. Apparently Stephen Harper was not in favour of energy east. I do not quite understand. It blamed Stephen Harper for its killing of energy east. It blamed the spot price of oil, as if TransCanada, the same company that is still building the Keystone XL pipeline, had suddenly decided that the spot price of oil is where it is and it could not build pipelines anymore. TransCanada is still building pipelines. It is building them now in the U.S.

It is like all of the major energy projects that have fled the country or have been cancelled since the government took office. These companies have not left the oil and gas sector, they have left Canada because of the regulatory burden and uncertainty that has been created by the government.

We say that we should go across the country. We should send the Standing Committee on Transport, Infrastructure and Communities across the country to hear from Canadians. Even though the Liberals do not want to hear from their representatives here in the House, we want to hear from them. We know there is not universal acceptance of this. We know that the energy sector has suffered in the last two years because of the uncertainty that has been created by the government's regulatory processes. We should go across the country and talk to energy workers in Alberta, in Fort McMurray, on the west coast of British Columbia, and to the east coast folks, who now see their job prospects evaporating thanks to the work of the government.

Again I am reminded of how different the government's actions are from its rhetoric, how every time there was time allocation under the previous government, the members, who are no doubt going to stand up and ask me questions here, would get up and rail about what a horrible thing this was, how this was a deadening of democracy, a terrible precedent, and how they would never do this.

The Liberals did it on the only bill that we told them we wanted to have a substantial debate. We have had five or six bills that the Liberals have passed already in the first three weeks of this Parliament. However, instead of taking that as a good faith gesture, the Liberals telegraphed that they were going to use time allocation this fall, and they have been true to their word on that. That is about the only thing they have kept their promise on, that they were going to limit our debate opportunities.

We have said again and again that we wanted this to be a substantial debate. We had significant interest in our caucus in it. What did the Liberals do? They used the occasion of the Governor General's installation, a half-day Monday, and counted it as one of the days of debate. Then, on a Wednesday, after they invoked a bunch of procedural manoeuvres to cut the day off, we had one eight-minute speech. There were two full speeches and an eight-minute speech at second reading, and that was good enough for the government. It had heard all it needed to hear.

This is, again, what the Liberal government is all about. It wants an audience; it does not want an opposition. When it fears that it might hear something it does not like, the Liberals cut off the consultation process. It cuts off debate in this House.

Canadians are growing tired of it. We are seeing that. We certainly saw it during the small business proposals that the government tried to ram through, which it was unsuccessful at due to the good work of the opposition and business groups across the country.

We are not going to let them do it on Bill C-48. We think the committee should travel across the country to hear the voices of Canadians, even if the government does not want to hear from them.

Business of the HouseOral Questions

October 5th, 2017 / 3:05 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, I would like to begin by asking the House leader if she could tell us what the business is for the rest of this week and when we return after the Thanksgiving constituency week.

Given that we have been very co-operative over the last two and a half to three weeks and have seen a lot of government legislation move through that period, I am hoping that she will be respectful of some of the bills that we really would like to have ample time to discuss. Bill C-48 was basically shut down after one member spoke to it, which was disappointing. I am hoping that, moving forward, we will be able to press the reset button and that we will be allowed to speak on issues that are important to us.

Bill C-48--Time Allocation MotionOil Tanker Moratorium ActGovernment Orders

October 4th, 2017 / 4:20 p.m.


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Liberal

Marc Garneau Liberal Notre-Dame-de-Grâce—Westmount, QC

Mr. Speaker, I am glad that my colleague brought up the fact, as I did beforehand, that Bill C-49 passed yesterday through clause-by-clause study. It is certainly my hope that Bill C-48 will go through a similar collegial process. There will be that opportunity.

I totally respect the independence of the committee as our government has done from the very beginning, unlike the previous government. I am sure when it does arrive at committee, there will be a similar opportunity to hear witnesses to argue for and against, and eventually go to clause-by-clause study. I hope to do all this in a collegial manner.

Bill C-48--Time Allocation MotionOil Tanker Moratorium ActGovernment Orders

October 4th, 2017 / 4:15 p.m.


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Liberal

Marc Garneau Liberal Notre-Dame-de-Grâce—Westmount, QC

Mr. Speaker, over the course of the past two years, we have allowed ample amounts of time for debate. As we know, we are going through Bill C-48, which is on the moratorium. It will go to committee. When it goes to committee, there will be opportunity to debate it. Witnesses will be heard on both sides, I am sure. After that, it will go to third reading and to report stage. After that it will go to the Senate.

We are following the proper process to turn this bill into law and we feel that an adequate amount of time has been allocated for Bill C-48.

Bill C-48--Time Allocation MotionOil Tanker Moratorium ActGovernment Orders

October 4th, 2017 / 3:55 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, I am disappointed in this, and we as a party are offended.

There was an agreement made two and a half weeks ago when this session started that we would work together with the government and not be obstructionist, but work to help pass bills that we were able to support.

The result so far is that the government has passed Bill S-2, C-21, C-47, and Bill C-58 all without time allocation, and progress was being made on three more bills, Bill C-55, C-57, and C-60.

There was one bill that we said we had a lot of interest in and would like to have enough time for all of our members to be able to speak, and that was Bill C-48. Now the House leader has broken her word. There is no other way to interpret this. If this is the way she is going to start this session after we have worked in such good faith for the last two and half weeks, all the members know that it will be a case of here we go again: a repeat of the failure we saw in the spring session.

Where in the world is the House leader's integrity and ability to keep her word?

Bill C-48--Time Allocation MotionOil Tanker Moratorium ActGovernment Orders

October 4th, 2017 / 3:50 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

moved:

That, in relation 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, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill;

and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Bill C-48—Notice of time allocation motionOil Tanker Moratorium ActPrivate Members' Business

October 3rd, 2017 / 6:25 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Business of the HouseOral Questions

September 28th, 2017 / 3:05 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I am sure my colleague across the way will be happy with what we are about to say.

We will continue today with second reading of Bill C-47, the Arms Trade Treaty. When the debate is completed, we will then proceed with Bill C-55, the protection of Canada's marine and coastal areas. Tomorrow we will return to Bill C-55.

The business for Monday and Wednesday next week will be Bill C-48, the oil tanker moratorium bill. Tuesday and Thursday shall be allotted days.

Business of the HouseGovernment Orders

June 15th, 2017 / 3:20 p.m.


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Liberal

Bardish Chagger Liberal Waterloo, ON

Mr. Speaker, tomorrow the House will debate Bill C-49, on transportation modernization, at second reading.

On Monday we will debate our changes to the Standing Orders. Following that debate, we will resume second reading debate on Bill C-51.

Tuesday the House will debate Bill S-3, on Indian registration, at report stage and third reading.

Following that debate, we hope to make progress on the following bills: Bill S-2, the bill respecting motor vehicle recalls, at second reading; Bill C-17, respecting the environmental assessment process in Yukon, at second reading; Bill C-25, on encouraging gender parity on the boards of federally regulated organizations; Bill C-36, the bill to give Statistics Canada greater independence; Bill C-48, the bill to impose a moratorium on oil tankers off the B.C. coast; and Bill C-34, the bill to reinstate sensible conditions for public service employment.

Opposition Motion—Canadian EconomyBusiness of SupplyGovernment Orders

June 12th, 2017 / 6:15 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I am pleased to rise this evening to contribute to this debate on the complete failure of the Liberals on this economic file.

For a government that would have us believe it is all about the middle class, as it is wont to add that at the end of every statement it makes, for example, more ethical government for the middle class, a Liberal commissioner of official languages for the middle class, new standing orders for the middle class, better innovation for the middle class, and a carbon tax for the middle class, it is remarkable just how out of touch Liberals are on the most important issues facing the middle class: jobs, the economy, and affordability.

On housing, for example, as the price of homes rose significantly faster than inflation in Toronto and Vancouver, the Liberals decided to implement a one-size-fits-all mortgage policy designed to cool down the housing markets of Toronto and Vancouver. Unfortunately, this policy is having a similar impact across the country, regardless of whether Canadians live in Warman, Saskatchewan or Queen West, Toronto.

Before the Liberals made these changes to the mortgage rules, a person with $50,000 pre-tax income could qualify for a $277,000 mortgage. Now, that same person qualifies for a mortgage of $222,000. This change makes buying a first house more difficult for many. Several people looking to buy their first home, and realtors, have raised concerns about this policy with me. However, these changes have not had the attention they deserve, considering the disproportionate impact they are having on first-time homeowners in smaller communities where housing prices are typically more affordable.

The Liberals are also tone deaf when it comes to western Canada. On May 12, the Minister of Transport introduced the oil tanker moratorium act, a bill that his own political staff conceded would only impact the future development of Canada's oil sands, and no other activity in northern British Columbia. Let us think about that.

It was not enough for the Liberals to reverse the independent National Energy Board's 2014 decision to approve the northern gateway pipeline subject to Enbridge fulfilling 209 conditions. They decided to go one step further by opting to handcuff future governments should they want to diversify Canada's energy exports. Bill C-48, the oil tanker moratorium act, will do nothing to enhance marine safety in British Columbia. U .S tankers will continue travelling up and down the coast between Alaska and Washington state.

This is the epitome of political irony. Venezuelan oil in Quebec is okay. Saudi Arabian oil on the east coast is okay. Canadian oil in Vancouver is okay. Alaskan oil in northern B.C. is okay. However, Canadian oil in northern British Columbia is not okay. Blocking tidewater access for western Canadian energy producers was not enough. To add insult to injury, this year's federal budget removed incentives for small companies to engage in energy exploration in Canada.

Furthermore, the new carbon tax will disproportionately impact energy-producing provinces. What the Liberals fail to realize is that Canada does not have a monopoly on the production of energy. In North America alone, western Canadian producers are competing against companies operating in the Gulf of Mexico, Alaska, the Permian Basin, and the Bakken formation. As the U.S. is making important efforts to reduce obstacles to energy development, Canada is going the other way.

Capital and expertise in this sector is very mobile, and Canada is in very real danger of being left behind. Canadian firms and foreign investors will not invest in the Canadian economy if the overall cost of doing business vis-à-vis our American counterparts is higher, as has been mentioned. However, the energy sector is not the only sector being targeted. Western Canadian shippers, and especially captive western Canadian grain shippers, are feeling particularly ignored by the Liberal government.

Unlike Ontario and Quebec, where many products can be trucked to their final destination or to a port for overseas export, western Canada is particularly reliant on rail to get product to market. That is why the Minister of Transport's inaction on critical and time-sensitive rail transport issues is leading to uncertainty for both shippers and railroads. Both need it as they negotiate shipping rates for the season and invest in the required infrastructure to keep products moving to market in a timely manner.

That is why, over the past several months, I have asked many times whether the government intended to renew or build on the sunsetting measures of Bill C-30 before they expired on August 1, 2017. The response, time and time again, was that the government recognized the urgency to get this done and that legislation was forthcoming. Unfortunately the Liberals now acknowledge that the key measures in Bill C-30 will sunset before any replacement legislation can receive royal assent and become law.

Since the transportation modernization act was introduced on May 16, the government has set aside less than two and a half hours to debate it, with the Minister of Transport taking the floor to lead off debate at 9:45 p.m. on a Monday night. This means there will be at least a two and a half month gap from when Bill C-30 measures sunset and Bill C-49 receives royal assent.

By the time this legislation has passed, the majority of contracts for the year will have been negotiated with the law in flux. Because of the government's mismanagement of its legislative agenda, these popular measures will sunset without any replacement, and shippers will be the worse off. What is worse is that while this two and a half month gap will negatively impact both railways and shippers this year, the replacement legislation will weaken shipper protections from what they are today. While something is better than nothing, the transportation modernization act is not a replacement for the Fair Rail for Grain Farmers Act.

What the government is proposing in its omnibus transportation legislation is to take a little used existing remedy called a competitive line rate and rename it long haul inter-switching.

Under a competitive line rate, a shipper could apply to the agency to set the competitive line rate, the designation of the continuous route, the designation of the nearest interchange, and the manner in which the local carrier shall fulfill its service obligations. We know from history that this remedy was infrequently used because of the prerequisite that the shipper must first reach an agreement with the connecting carrier and the two main carriers effectively declined to compete with one another through CLRs. While the requirement that the shipper must have an agreement with a connecting carrier prior to requesting a CLR has been removed, the greater issue is whether the terms imposed by the connecting carrier will be acceptable to the shipper.

While railways do have a common carrier obligations, we know there are ways to avoid doing a haul. For example, both railways have set the price of hauling uranium so high that it is no longer economical for it to be shipped by rail. Furthermore, while long haul inter-switching will be extended to 1,200 kilometres or 50% of the total haul distance, the first inter-switch location from any captive shippers in north Alberta and northern B.C. will be located within the Kamloops-Vancouver corridor, where inter-switching is not allowed beyond 30 kilometres. Therefore, these captive shippers will not be able to utilize this remedy to increase railway competition.

By borrowing and spending in good times, the Liberals have made it harder to deal with real crisis. According to the PBO, even a minor recession would cause deficits to be as large as during the great recession, and that is before considering the fiscal costs of any response.

The Liberals have mismanaged Canada's finances and have closed many doors for economic development. Unfortunately, the full effects of their policies have not reverberated across the entire economy yet.

The choices the Liberals have made to date are not random. They are the result of an overarching vision of picking winners and losers. Right now, my province is coming out on the wrong side of nearly every Liberal policy decision.

For a government that professes to be focused on the middle class, first-time homebuyers, farmers, shippers, and energy workers are all feeling left out in the cold.

Transportation Modernization Act

June 5th, 2017 / 10:20 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, I am pleased to rise this evening to debate Bill C-49, the transportation modernization act, at second reading.

The bill could simply be renamed the transportation omnibus act for the number of different bills being amended, with many of changes being more than just technical in nature. The Air Canada Public Participation Act, the Canada Transportation Act, the CN Commercialization Act, the Railway Safety Act, the Canadian Transportation Accident Investigation and Safety Board Act, the Canadian Air Transport Security Authority Act, the Coasting Trade Act, the Canada Marine Act, the Bankruptcy and Insolvency Act, the Competition Act, the Companies' Creditors Arrangement Act, the 2009 Budget Implementation Act, and the Fair Rail for Grain Farmers Act are all being amended.

How this squares with the Liberal election promise not to use omnibus legislation is beyond me. Do not get me wrong, I am not complaining about an omnibus bill, just the fact that the Liberals did and then made a promise they knew they would not keep. Furthermore, when I introduced a motion in transport committee last week calling on the committee to write to the Minister of Transport and his government House leader to ask them to split the bill into the following sections, rail shipping, rail safety, air, and marine, to provide an enhanced and possibly expedited scrutiny, every single Liberal member voted against it without even a single comment as to why.

I found this vote particularly ironic, as it was the Liberal member for Niagara Centre who raised the idea of expediting the passage of the bill in the first place, in order to provide grain farmers with a greater amount of certainty as they negotiate contracts for future shipping seasons.

The more measures that a bill contains, the more time it takes to provide adequate scrutiny. Separating the bill would be the easiest way to facilitate expedited passage, and thus my motion calling on the bill to be split into several parts.

Unfortunately, Liberal members were unwilling to split the bill into these natural divisions. This does not inspire confidence that when the bill eventually does reach committee, the Liberal Party members will be open to any amendments. While Bill C-49 is supposed to be the Minister of Transport's legislative response to the 2015 Canada Transportation Act review led by the Hon. David Emerson, it would appear that what we have before us is a bill that is designed to change the channel from some of the bad news that keeps piling up for the Liberals.

The government's communications strategy for this legislation has overwhelmingly concentrated on the air passenger compensation regime that is being introduced, and not the other very consequential measures. Here is what the Minister of Transport posted on his Twitter feed as he introduced this legislation, “These air passenger rights will ensure that travellers are treated like people, not just a number.”

Like many members here, I travel a lot and only have positive things to say about all the employees working for the airlines and at our airports. Of course, on occasion, flights do not go as we hope, but the Minister of Transport appears to be willing to pit passengers against airlines rather than fixing the structural problems in Canada's aviation regime.

This legislation does not spell out what the compensation regime will be, just that there will be one. The bill states that after consulting with only the Minister of Transport, the Canadian Transportation Agency will make regulations concerning carriers' obligations toward passengers. However, for even greater clarity, subsection (2) of proposed section 86.11 states that the Canadian Transportation Agency must comply with any instruction from the minister with regard to setting regulations concerning carriers' obligations to passengers.

What this means is that the Canadian Transportation Agency is tentatively responsible for setting what financial penalties a carrier would have to pay to the passenger in the case of a service breach, unless the minister is dissatisfied with the level of prescribed compensation that the CTA decides is appropriate, in which case he or she can dictate what that level of compensation will be.

It is noteworthy that the agency will, by law, only be allowed to consult with the Minister of Transport concerning the setting of these regulations, and not with consumer advocate groups, airlines, airports, Nav Canada and other stakeholders in the sector.

I do not understand what the purpose of consulting only the minister is. If the Canadian Transportation Agency is to be an arm's-length organization, this legislation clearly diminishes its independence. If the minister will not allow the agency to independently set the parameters of the passenger compensation regime, he should just spell out in legislation what it will be and let members of Parliament and stakeholder groups decide whether this is a good proposal or not.

If this legislation were truly aimed at reducing the cost of travel for the passenger, while increasing service and convenience, the minister would immediately lobby to have the government's carbon tax, which will make every single flight more expensive, withdrawn. He would reform the air passenger security system, which was universally identified as a major irritant for all passengers during the Canada Transportation Act review by all the organizations that participated in the process.

While it would be preferable to have the sections of the bill dealing with air and rail examined as stand-alone pieces of legislation, I can only surmise that the government's complete mismanagement of the House's agenda has led us to the point where an omnibus transportation bill is what we have in front of us today. At least we have finally begun debating something in the transport sector, now that we are two years into the government's mandate. So far, the only achievement the minister has to show in terms of legislation is the act to amend the Air Canada Public Participation Act.

Let us talk about Bill S-2, an act to amend the Motor Vehicle Safety Act and to make a consequential amendment to another act. This was first introduced by the government's representative in the Senate 13 months ago and passed third reading in the Senate on February 2. The minister claimed that Bill S-2 was a priority in his speech to the Montreal Chamber of Commerce in November 2016, yet it has not been touched since.

On May 12, just days before the introduction of the legislation we are debating today, the Minister of Transport introduced the oil tanker moratorium act, a bill that his own officials conceded would only impact the future development of Canada's oil sands and no other activity in northern British Columbia. Equally concerning about this oil tanker moratorium, which could be renamed the oil pipeline moratorium, is that there is considerable support among first nations on B.C.'s coast for energy development opportunities, but the wishes of these first nations are being ignored. For the Liberals to move forward with this tanker moratorium without properly consulting coastal first nations is extremely hypocritical.

The Liberals go to painstaking lengths to emphasize the amount of consultation they undertake, but it is becoming more and more apparent that their interest in consulting is about being told what they want to hear and not about listening to differing views. If anyone needs further proof that Bill C-48 was introduced only for political purposes, it is that this moratorium has been introduced as a stand-alone bill and not as part of this omnibus package we are debating today.

The Minister of Transport's silence and inaction on critical and time-sensitive transport issues, especially rail transport, is leading to uncertainty for both shippers and the railroads, which both want certainty as they negotiate shipping rates for the season.

That is why over the past several months I have asked many times whether the government intends to renew the sunsetting measures in Bill C-30 before they expire on August 1, 2017. The response I have been given time and time again is that the government recognizes the urgency to get this done and that legislation is forthcoming. Unfortunately, the Liberals have made a muck of this, and the key measures in Bill C-30 will sunset before any replacement legislation can receive royal assent and become law.

Last week in the transport committee, a Liberal member moved a motion calling on the committee to begin its consideration of this bill, Bill C-49, in September, before the House begins sitting, to expedite the study of the sections of the bill that deal with the shipping of grain. While Conservatives have no objection to considering this legislation in September before the House returns from the summer break, government members fail to realize that our producers needed them to turn their attention to this months ago, as the measures will sunset on August 1 of this year. At best, there will be a two-and-a-half-month gap between when the measures in Bill C-30 sunset and replacement legislation is in place.

By the time this legislation has passed, the majority of contracts for this year will have been negotiated with the law in flux. Because of the government's mismanagement of the legislative agenda, these popular measures will sunset without replacement, and shippers will be the worse off.

This is important to note, because for a combination of reasons, including a lack of rail capacity, preparedness by railways and shippers, weather, and the size of the crop, western Canada's 2013-14 grain crop did not get to market in a timely manner. Consequently, the previous Conservative government introduced Bill C-30, which gave the Canada Transportation Agency the power to allow shippers access to regulated interswitching up to 160 kilometres, mandated that CN and CP both haul at least 500 tonnes of grain per week, and introduced a new definition of adequate and suitable service levels. With this extension, the number of primary grain elevators with access to more than one railroad with the extended interswitching limits increased from 48 to 261.

These measures were met with universal support from the members of the shipping community, because even if they did not use interswitching, they could use it as a tool to increase their negotiating position with the railways, as the shippers knew exactly how much the interswitch portion of the haul would cost them.

At the same time, the government announced that the Canada Transportation Act statutory review would be expedited, and it began a year early to provide long-term solutions to the grain backlog of the 2013-14 shipping season and other problems in the transport sector within Canada. The hon. David Emerson, a former Liberal and Conservative cabinet minister, was tasked with leading the review. This review was completed in the fall of 2015 and was on the Minister of Transport's desk shortly before Christmas. The minister then tabled this report in mid-February 2016 and promised wide consultations on the report. As the key measures of Bill C-30 were going to sunset on August 1, 2016, and parliamentarians were hearing from the shipping community that it would like to see these extended, Parliament voted in June 2016 to extend those provisions for one year.

In the fall of 2016, the Standing Committee on Transport, Infrastructure and Communities undertook a study of Bill C-30 and held a number of meetings on the merits of these measures and whether they should be allowed to sunset. We were assured that if we lived with this extension, these issues would be dealt with by August 1, 2017.

The vast majority of the testimony heard was supportive of maintaining the 160-kilometre regulated interswitching limit at committee, which is why the committee's first recommendation was the following:

That the Canadian Transportation Agency retain the flexibility provided under the Canada Transportation Act by the Fair Rail For Grain Farmers Act to set interswitching distances up to 160 km, in order to maintain a more competitive operating environment for rail shippers with direct access to only one railway company.

Anyone who has read this bill will know that the government ignored the committee's main recommendation. At some point during this debate, I hope to hear from Liberal members on the transport committee about whether they believe that the government was right to ignore the committee's recommendations, and if so, whether the entire committee study was just a waste of time.

Basically, what the government is proposing with this legislation is to replace the 160-kilometre interswitching limit with the creation of a new long-haul interswitching tool that would be in effect between Windsor and Kamloops on hauls of up to 1,200 kilometres, or up to 50% of the length of the entire haul. Shippers would be charged the regulated interswitching rate for the first 30 kilometres of the haul and then a Canada Transportation Agency-determined rate, which would be determined on a case-by-case basis based on the price of a similar haul, for the remainder of the distance to the interswitch point. Shippers would only be able to interswitch at the first available interswitch point within the zone.

What the government has done is take a little-used existing remedy, called a competitive line rate, and rename it long-haul interswitching.

Under a competitive line rate, a shipper could apply to the agency to set the amount of the competitive line rate, the designation of the continuous route, the designation of the nearest interchange, and the manner in which the local carrier would fulfill its service obligations. We know from history that this remedy was infrequently used because of the prerequisite that the shipper first reach an agreement with the connecting carrier, and the two main carriers effectively declined to compete with one another through CLRs. What we do not know is what the difference will be at a practical level between this new long-haul interswitching and the existing competitive line rates.

Like competitive line rates, long-haul interswitching is a much more complicated system for shippers to use, and the jury is still out on whether this will achieve the minister's stated objective of improving rail access for captive shippers. When Bill C-30 was first introduced, there was universal support among shippers for the extended interswitching. So far, very few organizations I have spoken to can say that this tool is better.

In conclusion, this much is certain: the key measures in Bill C-30 will be allowed to sunset on August 1, before this legislation receives royal assent. The Liberals have had nearly a full year to get new legislation in place but failed to do so, and shippers will suffer the consequences.

Canada remains one of the most expensive jurisdictions in which to operate an airline, and it is about to become even more so with the imposition of a national carbon tax. This bill does nothing to address the systemic cost issues, which are passed on to passengers, that were identified by the Transportation Act review. As has been the case with almost everything with the current government, optics trump everything, and this bill exemplifies that.

Opposition Motion—Kinder Morgan Trans Mountain Expansion ProjectBusiness of SupplyGovernment Orders

June 1st, 2017 / 10:50 a.m.


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Liberal

Jim Carr Liberal Winnipeg South Centre, MB

Madam Speaker, more important than my agreement with the content of this motion is my complete agreement with the views on this project of our Prime Minister.

As hon. members will know, in the immediate aftermath of the election in British Columbia, the Prime Minister publicly and clearly reiterated our government's support for the Kinder Morgan Trans Mountain expansion project. He reinforced the case that our support for this project was made using a rigorous and thorough process, and it was based on science and facts, not political rhetoric.

At the moment, the future of the British Columbia government remains in question. Premier Clark has indicated her intention to face the legislature and test its confidence in her government. I cannot predict the outcome of a vote of confidence in the British Columbia legislature, but what I can say is that whatever the result of that vote, our government stands behind the decision we made to approve the Trans Mountain expansion project. Why? It is because it was the right decision when we made it last November. It was the right decision the day before the British Columbia election, and it is the right decision now. While the government in B.C. may change, the facts, the science, the evidence, the environmental considerations, the economic benefits, and the jobs all remain unchanged.

The project was, and this project is, in the best interests of Canadians, so I welcome the support of the members opposite. I welcome their recognition of the wisdom of our decision. I welcome their pointing out through this motion that the project has social licence to proceed, that it is critical to the Canadian economy and the creation of thousands of jobs, that it is safe and environmentally sound, as recognized by the National Energy Board, and that it is under federal jurisdiction with respect to approval and regulation.

It is rare when the official opposition is a leading advocate for a government policy, but I can tell the House that it is something I could get used to.

The motion before us deserves a fuller articulation, so let me address its various elements one by one. It asks the House to agree that the project has social licence, although I think we can all agree that this is an outdated term. One does not simply get a “lose” or a “yes” of social support. It is a daily responsibility to serve Canadians and constantly rebuild trust in the government.

How did this project achieve something the previous government was unable to do, which was diversify markets for our resources, during its entire time in office? The answer is straightforward. Our government listened to Canadians. The previous government believed it knew best without needing to ask for any other opinion. There must be a certain comfort in knowing all without asking Canadians what their opinions are on such projects as this. We listened closely. We heard that not all Canadians agreed, and that is okay. What we heard most strongly was that Canadians are tired of the polarization of the environment versus the economy. We are all in this together.

Under the previous government, Canadians had simply lost trust in the environmental assessment and review processes, because the outcomes were predetermined. They had come to believe that when weighing economic benefits and environmental stewardship, the scales had become tipped too far in one direction. Our government set about regaining the trust of Canadians. We did so by taking a different approach. We reached out to indigenous communities. We consulted meaningfully, something the Federal Court of Appeal said the previous government had not done sufficiently with the northern gateway project, which is the reason its permit was revoked.

In the case of the Trans Mountain expansion project, government officials consulted with 117 indigenous groups, and the results are publicly available. We have set aside more than $64 million to fund an indigenous advisory and monitoring committee to meaningfully engage indigenous groups in monitoring the project over its lifespan, the first time in Canadian history. It is a step never before taken by any previous government.

Our government listened to environmental groups and those living in the affected communities. We listened to academics and industry. We extended the consultation period to ensure that as many voices as possible could be heard. However, we did not stop there. To regain the confidence of Canadians, we also initiated a modernization of the National Energy Board to ensure that its composition reflected regional views and had sufficient expertise in environmental science, community development, and indigenous traditional knowledge. We are now in the process of determining how these changes can best be made.

Canadians know that the path to a lower-carbon future may be long, but it is well under way. It is accelerating, and its trajectory is clear. They know that the economy of tomorrow will require investments today in clean technologies, energy efficiency, and renewable sources of energy. Our government has taken action on all these fronts, including doing what virtually every economist and energy company says is the best, most effective way to lower greenhouse gas emissions and spur innovation: putting a price on carbon. In fact, in our government's first budget, we made generational investments in clean energy and new technologies, including technologies that will reduce greenhouse gas emissions from the oil and gas sector. We will build that clean-growth economy, and we are, but we are not there yet, due to nearly a decade of inaction by the previous government.

With all these initiatives—consulting indigenous communities, engaging Canadians, focusing on sustainability, modernizing the National Energy Board, and investing in green technologies—we sent a very clear signal to Canadians and the world that under this government, environmental sustainability will go hand in hand with economic development. We cannot have one without the other. The actions we took, the investments we made, and the approach we embraced demonstrated that commitment and earned the confidence of Canadians.

The motion before us also speaks to the importance of the Trans Mountain expansion project to the Canadian economy and in creating thousands of jobs. Indeed, this $7.4 billion project will have significant economic benefits. The project is expected to create 15,000 new jobs during construction. This is good news for workers in Alberta, it is good news for workers in British Columbia, and it is good news for all of Canada. It is also good news for indigenous peoples, who will benefit from jobs and business opportunities as a result of the impact and benefit agreements they have signed with Kinder Morgan.

The Trans Mountain expansion is also expected to generate more than $3 billion in revenue for governments, revenues that can be used to invest in health care, schools, water treatment plants, and safer roads, improving the lives of millions of Canadians. This is a vital project in a vital industry, an industry that has been hit hard over the past few years.

I know that every member in the House understands what the effect of lower oil prices has been for Albertans. The economic impacts may be measured in rigs being closed, barrels cut, or investments deferred, but they are felt in the lives of families and experienced in hard conversations around kitchen tables. We took action to support families in the energy sector by extending EI benefits in affected regions, including parts of Alberta, Saskatchewan, northern Ontario, and Newfoundland and Labrador. We also provided additional support to families in the prairie provinces under the Canada child benefit.

To give more Canadians greater access to good, well-paying jobs, our government invested in training for unemployed and underemployed workers and will develop a new framework to support union-based apprenticeship training.

For families in Alberta and British Columbia, the Trans Mountain expansion project offers much-needed help and good jobs. It is no wonder, then, that Premier Notley praised the Prime Minister for extraordinary leadership and said, “It has been a long, dark night for the people of Alberta.... [But] we are finally seeing some morning light.”

The Premier also pointed to a key benefit of this project when she said, “We're getting a chance to reduce our dependence on one market, and therefore to be more economically independent. And we're getting a chance to pick ourselves up and move forward again.”

Nor is it just Canadians in Alberta and British Columbia who will benefit from the Trans Mountain expansion project. A 2014 study by the Canadian Energy Research Institute found that for every job created in Alberta's oil patch, at least two more jobs were created across the country. It could be a manufacturing company in Ontario, an engineering firm in Quebec, or an oil worker commuting from one of our coasts. Quite simply, a strong energy industy strengthens us all, and projects such as the Trans Mountain expansion benefit all Canadians.

The motion also points out the environmental soundness of this project, as determined by the National Energy Board. In approving this project, our government considered the evidence and weighed the facts. We agree with the National Energy Board that the project should proceed, subject to the 157 binding conditions that will be enforced by the board.

Our government considered the fact that without new pipelines, more diluted bitumen would be forced into more rail tanker cars for transport. That would be less economic, more dangerous for communities, and would produce higher greenhouse gas emissions.

At the same time that we approved the Trans Mountain expansion project, we also announced a ban on oil tankers on the northern B.C. coastline, specifically around Dixon Entrance, Hecate Strait, and Queen Charlotte Sound. This coastline is vital to the livelihoods and cultures of indigenous and coastal communities and is part of a unique and ecologically sensitive region.

Hon. members will know that Bill C-48, the oil tanker moratorium act, has now been introduced in this House. I look forward to their support for this vital legislation in the days ahead. As the Minister of Transport has said, the Great Bear region is no place for an oil pipeline, and it is no place for oil tankers either.

Our government has also made the most significant investment ever to protect our oceans and coastlines, with a $1.5-billion oceans protection plan that includes improving marine traffic monitoring; setting tougher requirements on industry, including for spill response times; making navigation safer; and co-managing our coast with indigenous and coastal communities.

Our government is also committed to consistently increasing our action on climate change. A 1.5-degree world helps no one, and that includes every one of us here and every Canadian we represent. Inaction comes at too high a cost, whereas a clean growth economy will build more good, middle-class jobs across the country.

These measures reinforce the importance of carefully balancing environmental protection with economic development as Canada makes the transition to a low-carbon economy.

The motion put forward by my hon. colleague points out that the Trans Mountain expansion project falls under federal jurisdiction for approval and regulation. Certainly the Constitution assigns the federal government jurisdiction over interprovincial and international trade. With that jurisdiction comes responsibility to consult widely, to act prudently, and to stand firmly.

We know that there are some who disagree with our decision to approve this project and that they may use the legal system to seek redress. We respect their right to do so, but we will strongly defend our decision in court.

Our position is clear: the jurisdiction is federal, the decision has been made, and our government will continue to support the Trans Mountain expansion project. On every aspect of this motion, our government finds itself in full agreement. Indeed, as I said in this House to a question from the hon. member for Calgary Forest Lawn, I appreciate their making the case for us.

As I have said many times, one of our government's key responsibilities is to help get Canadian resources to market. With our major customer, the United States, producing more of its own energy, it is essential that Canada build the infrastructure to get our oil and gas to new global markets. That is exactly why we have approved projects such as the Trans Mountain expansion, doing more in one year than the previous government did in a decade: protecting our oceans, pricing carbon pollution, resetting our nation-to-nation relations, building a climate change plan, and putting middle-class Canadians back to work today by approving the pipelines we need to reach those new markets.

There is one final element of this motion that I have not yet addressed: that the Trans Mountain expansion project “should be constructed with the continued support of the federal government, as demonstrated by the Prime Minister personally announcing the approval of the project.”

I would have thought that the answer to that request would have been clear from the Prime Minister's statements of the past week, so I was somewhat surprised to hear the hon. member for Regina—Qu'Appelle ask in this House whether the Prime Minister will “stand up to the forces that are seeking to kill these jobs, or will he fold like a cardboard cut-out?” If I may paraphrase one of the more famous phrases uttered by one our heroes, Sir Winston Churchill, in this very place, some cardboard, some cut-out.

Our government will not falter. We will not fail. We will certainly not fold in our support of the Trans Mountain expansion project, nor will we shy away from being a leading force in the global clean growth economy. Neither can be ignored. It is the right thing to do for Canada.