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

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 1:30 p.m.

Conservative

Kelly McCauley Conservative Edmonton West, AB

Madam Speaker, it is very clear that this is not about safety; it is only about killing northern gateway and Alberta jobs. From Kitimat to open sea, the very narrowest channel is 1,480 metres, which we say is not safe. However, bringing ships under the Second Narrows Bridge in North Vancouver to Westridge where they load up on fuel is 140 metres. This is an area where we are going to bring in more ships, thankfully for Kinder Morgan. Why is it safe to bring ships through a 140-metre narrow passage, but not through 1,480 metres?

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 1:30 p.m.

Liberal

Peter Fonseca Liberal Mississauga East—Cooksville, ON

Madam Speaker, the member should look at history and understand that this moratorium has been in place since 1972. There is a reason for that.

We believe in science. We believe in an evidence-based approach on this side of the aisle, which is why we have done our homework. The member and the member's party should do their homework, look at history, and understand the reasons for this decision.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 1:30 p.m.

NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, I thank the member for Mississauga East—Cooksville for his speech. We share in his belief that there should be a tanker ban on the north coast. We appreciate that this proposed legislation is moving forward, although we believe there are a lot of holes in it.

The member talked about doing the right thing and evidence-based decision-making. However, we know we have not figured out how to clean up raw bitumen. Therefore, I have huge concerns, and I hope the member can square some things.

The Prime Minister said, when the ban was first announced, that “crude oil supertankers just have no place on B.C.’s north coast.” Well, if the member had done his homework, he would realize that we do not know how to clean up raw bitumen and that we have huge risks on the south coast. Therefore, how can supertankers have no place on B.C.'s north coast, but they have a place on B.C.'s south coast and they want to increase tanker traffic sevenfold?

The member can maybe explain to southern coastal British Columbians why their jobs, their environment, are going to be at risk. I would like him to square things up.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 1:30 p.m.

Liberal

Peter Fonseca Liberal Mississauga East—Cooksville, ON

Madam Speaker, it comes back again to being fair and balanced. We have heard from the Conservatives on their approach and what they believe. We have now heard from the NDP.

We have taken the approach of consulting with Canadians, listening to everyone, looking at the best evidence and information that is out there for us, and understanding that with Kinder Morgan we are twinning a line. There are already tankers there. There is no moratorium in place, unlike the northern B.C. coast. Also, the member is right. It would mean one more tanker per day that would come into those waters.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 1:35 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I heard the member say that the Liberals were doing the people's work, that they were ready to work with local communities and indigenous peoples, and that they have consulted extensively with all people. However, we know that this was written into the minister's mandate letter long before the Liberals ever introduced the bill and had done any consultations.

When we asked members who came and presented at committee, they said they had not been consulted. These were the members who may have supported the moratorium, and those who did not. Therefore, I would like the member to explain how he can make the kinds of statements he did when we heard from every witness that they had not been consulted.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 1:35 p.m.

Liberal

Peter Fonseca Liberal Mississauga East—Cooksville, ON

Madam Speaker, it is rich for that member and her party to talk about consultation when they would drive everything straight through without listening to anybody.

I can tell the member that there have been 75 meetings, 25 round tables, a web portal, and over 5,000 submissions, 330 coming directly to the ministry. From coast to coast to coast, meetings took place.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 1:35 p.m.

Some hon. members

Oh, oh!

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 1:35 p.m.

Liberal

Peter Fonseca Liberal Mississauga East—Cooksville, ON

I think the member has a little amnesia from the time that the Conservatives were in government. Therefore, I reject their approach, and I will continue with the approach that our government has taken, which is one of consultation with all groups.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 1:35 p.m.

The Assistant Deputy Speaker Carol Hughes

Once again, I remind members that when someone has the floor to respect that person's ability to speak without interruption. I know it is Monday and people are anxious to get through the week, but I would remind them to afford that respect to whomever has the floor.

Resuming debate, the hon. member for Calgary Shepard.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 1:35 p.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I am pleased to be joining the debate on this, but I think the bill has the wrong name. It is called the “oil tanker moratorium act” when it should basically be called the “pipeline moratorium act”. That is really what it is all about. It is not about cancelling the ability of tankers to move through a certain region of northern British Columbia. In fact, they will be able to move 100 kilometres off the coast, as they have been doing all along. It has put the last and final nail into the northern gateway project, and every single other potential pipeline project that might go through northern British Columbia.

There are a few points I will raise to add to this debate, including a letter I have from Prasad Panda, a member of the Legislative Assembly of Alberta, who is also the member for the provincial riding of Calgary-Foothills. In it, he notes a couple of discrepancies. He notes that Bill C-48 is a flawed piece of legislation, mainly because it contradicts the government's own free trade agreement that it signed.

There are two points that he makes in the letter. He writes that in that free trade agreement, article 301 states, “A Province shall not adopt or maintain any measure that restricts or prevents the movement of goods across provincial or territorial boundaries.” This is what the B.C. NDP is doing to try to kill off Kinder Morgan by harassing it through legal and regulatory means to try to put an end to that project. They are trying to end that and the hundreds of thousands of jobs in the energy sector, both in my hometown of Calgary, which depends on it, and also across Edmonton and a whole bunch of smaller communities across Alberta and Saskatchewan.

With regard to my second point, he writes, “The Government of Canada shall not adopt or maintain any measure that unduly restricts or prevents the movement of goods across provincial or territorial boundaries.” I think we can make a fine argument here that restricting tanker traffic off a coast like the northern British Columbia coast is that type of restriction on the movement through a territory that the British Columbia government claims as its own. It has a certain amount of environmental regulations that it can or it seems to want to apply. It is interesting that it only wants to apply it in the north, not in the south, when 95% of all tanker traffic happens to be in the southern part of British Columbia.

This particular member of the legislative assembly, a fine gentleman, wrote quite a long letter to the chair of the committee that reviewed this piece of legislation. He also brought to the attention of that committee that this ban, this supposed oil tanker moratorium on pipelines, would be like “banning ships from moving through the Welland Canal or using the port at Trois-Rivières”. It would be like “denying rail and truck access to the Michelin Tire factory in Pictou County”, like “detouring all the traffic on the Trans-Canada Highway and driving it down 92 Avenue in Port Kells”, like “taking traffic on Highway 400 and running [it] all down Weston Road in Toronto”, and like “stopping OC Transpo service to Kanata or GO service to Streetsville.” It would be the same principle. It is not science based, not evidence based; it is the random cutting off of the transportation of goods, people, and natural resources for political purposes.

There is absolutely no reason for it. As far as I know, there have been no spills in British Columbia. Members may want to correct me on that, but I do not know of any spills that have happened off the coast of British Columbia that would make it necessary for us to pass this particular piece of legislation.

I also note that in this legislation, the government is giving itself an exemption under clause 6 that basically states,

for the purpose of community or industry resupply or is otherwise in the public interest.

Therefore, if for any reason whatsoever the government believes it should provide an exemption for the import and movement of tanker traffic, it has a complete exemption. There is no real reporting standard there. All it would have to do is make a publication requirement that states,

the Minister must make it accessible to the public on the Internet or by any other means that he or she considers appropriate

I wonder what the minister will think is appropriate when the government provides the exemption. We can imagine how hard the advocates for communities, companies, and tanker companies will push the minister to provide them with particular exemptions and how sought after those will be.

I like Yiddish proverbs, and I have one. It states, “Heaven and hell can both be had in this world.” They can also be had through government policy and legislation. The principle is to protect the environment. That is the window dressing that the Liberals have put on this anti-pipeline bill. However, what they are actually doing when they repeat “the environment, energy, and natural resources”, two sides of the same coin, is only focusing on one part of this. That is their single focus on this point. It is is supposedly the environment, when we know, because of the details of this bill, it will do no such thing. Tanker traffic will simply be moved further to the west. It is not achieving any goals that the government has set for itself. There is no similar ban on any oil tanker traffic anywhere along Canada's other coasts.

Do those environments matter less? Do the beaches in Prince Edward Island matter less than those in northern British Columbia? Do the coasts matter less in Quebec? Do the coasts matter less in Ontario? I do not think that is the case, but I do not see tanker bans being imposed. I do not see pipeline bans being imposed. That is what leads me to say that this particular piece of legislation is all about northern gateway. It is to kill it off, and that is what the government intends to do through this particular piece of legislation.

The tankers that go through the southern part of British Columbia right now are in the 80,000 to 120,000 dead weight tonnage. If this were truly about tanker traffic, and there were worries about how many of these tankers are moving through a particular geographic region, then the regulatory process would be simplified to ensure the maximum size tankers could actually come through different channels as safely as possible.

If the government wanted to do it that way, it would ensure that ultra-large crude carriers, ULCCs, were able to navigate certain regions, doing so safely, with the necessary tugboats to pull them out in case they have security problems. It would not impose a random ban on geographic areas, pushing tankers further out into the ocean. That does not achieve any environmental goal I could easily name. It would also kill off economic jobs that northern gateway and other pipeline projects could provide in the future.

What it actually would do is sterilize an entire region of northern British Columbia from any type of development in the future. It would basically ensure that no company would ever propose a new pipeline project running through any of those communities, regardless of how many indigenous communities support it, regardless of how many of them are onside.

As the member for Lakeland has said, there are many indigenous communities that would depend on these energy and natural resource jobs of the future. Over 500 communities all across Canada depend either on energy or natural resources jobs.

When oil, natural gas, coal, or any type of mineral is extracted, it has to be moved to a market. It does no good to sit on a large pile here at home. It has to be moved to the buyer. That is done through a port, through the rail system, and through tankers. Those are the requirements of ensuring that the economy is looked after, and that is what the government is failing to do with Bill C-48.

This bill would kill off any future pipeline projects. It sends another chilling signal to the business community in Canada that we are not open for business. We have had the largest flight of capital from the natural resources sector over the past two and a half years. We are at the lowest level since 2010, and it just continues.

Energy east was killed off by the government. Northern gateway was killed off by the government. The government neglected Pacific Northwest LNG. It has neglected Alberta's energy sector. It has done everything possible to ensure that every single new piece of red tape would strangle the industry, and it has done a great job at it. This is one thing the government has been quite exceptional at, strangling the industry and putting tens of thousands of Alberta energy workers out of work permanently, with no reasonable expectation to return to work in the field of their speciality, in the field where they have spent years obtaining their education and working professionally.

Back home in Alberta, we have spent a generation trying to convince people to move to Alberta in the first place. British Columbia is beautiful, but we just wanted people to stop in Alberta and have a professional career with us. We spent a generation convincing people to move there, but we also spent a generation convincing young Albertans, men and women, that it was worth getting into the energy sector because there would be jobs well into the future and they could work anywhere internationally. They are not going to have that.

Bill C-48 is a nail in the coffin of every single future pipeline project. Every company that is even thinking about running a pipeline through northern British Columbia, or anywhere in fact, will think twice. All of their money could be lost, or there could be a random moratorium, a ban, or a cancellation of their project.

I cannot support this bill. It is another chilling signal to the business community and to energy workers in Alberta, Saskatchewan, and British Columbia that the government is not on their side.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 1:45 p.m.

Liberal

Frank Baylis Liberal Pierrefonds—Dollard, QC

Madam Speaker, a challenge with pipelines is to find a balance. As we have seen in the debate so far, some people are very upset that any pipeline could be built and some people want every single pipeline to be built. Our government is looking to find the right balance, as well as balancing that with the needs of the people, the economy, and the environment.

We have approved the Trans Mountain pipeline. We are also putting in a moratorium on tankers in ecologically sensitive areas.

Is there any area where the member would see a need for balance, not that this is right or wrong, but in a general sense, a balance of issues, where there could be good and bad, something we want to promote and something we do not want to promote? Does the member want us to promote every pipeline under every circumstance?

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 1:45 p.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, maybe the member heard my Yiddish proverb that heaven and hell can both be had in this world. I think we are experiencing the other side of that proverb, which is that government has repeatedly gotten it wrong. Trans Mountain is the only line going through. With the length of time it has taken, from the first moment the company thought it up and went through the approval process, and it is not even built yet, it has been almost as long as World War II, quite literally. That is how long. It has taken six years to get to this point. Northern gateway was cancelled. Pacific NorthWest LNG was cancelled. Energy east was cancelled.

We weep for those thousands of energy jobs that are gone. How many companies or young entrepreneurs were thinking they had new interesting projects they would like to proceed with? How many teams of young professionals out there were thinking they would propose projects but just shelved them instead? Who weeps for the jobs that were never even created?

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 1:45 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, the Conservatives have this tendency of listing off projects where the proponents decided for market and internal reasons of their own to cancel a project. I think it was a travesty that the Liberal government gave a permit to Petronas LNG to build on Lelu Island, but the Malaysian state-owned enterprise, Petronas, decided not to proceed with LNG there. The member cannot lay that at the door of the Liberal government. I wish he could. I would respect the government more had it looked at the evidence that the Petronas LNG facility would wipe out our Skeena salmon fishery.

The same claim has been made about energy east over and over again here today. TransCanada made its own decision that it could not support it as there was not a market for two pipelines for the export of raw bitumen. Therefore, it picked Keystone, which has approvals from Canada and the U.S., although in the U.S. there are court cases still trying to stop Keystone, and I hope that they are successful.

The jobs that I would like the member for Calgary Shepard to consider are the jobs in Canada that we used to have when we had 40 refineries in this country, when we used to regard our own domestic requirements as a market instead of only creating those overseas.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 1:50 p.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, on the refining capacity in Canada, it is true that a lot of refineries have started to close down, but it is for economic reasons. There is opposition to a carbon tax on large emitters. It happens to be the refineries and upgraders that are some of the largest emitters. If we want to refine the product, it is not free, either in GHG emissions or carbon, or NOx and SOx, as we call them. It is not free. Either it gets done in Canada or it does not. When we impose huge regulatory costs, when we impose a carbon tax, when we basically wrap a project up in so much red tape that the people who are proposing it on behalf of shareholders and other Canadians who are investing in it to get a return, we are telling them not to do it as they will not get their money out of it, and they will not be able to retire on this investment.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 1:50 p.m.

Conservative

Kelly McCauley Conservative Edmonton West, AB

Madam Speaker, I could have asked my colleague this question any time, but I want the public to hear the answer.

The Pacific Pilotage Authority and the British Columbia Coast Pilots, some of the very best in the world, are charged with protecting our coasts. They did a full bridge simulation on bringing the ships down off the B.C. coast. They said it is so safe that ships can transit the area without tugboats. They are proposing to do two as part of the Enbridge project. Can the member tell me why that is not adequate?