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 was last introduced in 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.

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 the Library of Parliament. You can also read the full text of the bill.

Votes

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

Oil Tanker Moratorium ActGovernment Orders

May 3rd, 2018 / 5:25 p.m.


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The Assistant Deputy Speaker Carol Hughes

The hon. member will have just a little over 16 minutes the next time this matter comes before the House.

It being 5:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's Order Paper.

Oil Tanker Moratorium ActGovernment Orders

May 4th, 2018 / 10:05 a.m.


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Conservative

Randy Hoback Conservative Prince Albert, SK

Mr. Speaker, I will be sharing my time with the member for Saskatoon—Grasswood.

I would like to thank my colleagues across the aisle for accommodating me this morning. Sometimes I think we should issue a press release whenever goodwill shows up between parties, because all Canadians see in this chamber is something other than that, which is unfortunate, because we do work together many times to get things done.

I am rising today to talk about Bill C-48 and the importance of making sure that we get this right. I am also going to talk about the concerns that we in Saskatchewan have about how this is being handled.

I sit on the trade committee. When the Liberals came into power, they wanted to review the TPP. They said that proper consultations had not happened. They said that the consultations had to be redone before the agreement was signed by the Liberal government.

The trade committee went across Canada. It redid all the work that the previous government had done and then some. Committee members made sure they talked to first nations and to business communities. They talked to people right across Canada. A lot of people said it was the third or fourth time they had talked about the TPP and it was being done again. The Liberals were telling us that we had to consult, that we had to do our homework, that we had to make sure everybody was aware of it, and that we had to be aware of all circumstances before going forward with that trade deal.

I look at this bill and I say the same thing. When we look at the impact this legislation would have on western Canada and Canada as a whole, we know we need to talk to a lot of people before this can be done.

I am from Saskatchewan. Some may ask why people in Saskatchewan would care about a tanker ban. A lot of people in Saskatchewan work in the oil and gas sector and their jobs will be impacted by this ban.

Let us not fool ourselves. This is not a tanker ban. This is to stop development in the resource sector and to stop shipping products to the west coast. It is nothing more than that. It is what the Liberals really planned to do from day one, and this bill is how they are going to achieve it. That is very disappointing.

If the Liberals wanted to make this major change, where were the committee meetings? When did the committee travel out there and talk about this with the various people who would be impacted? When did the Liberals talk to the premiers? When did they talk to the Premier of Saskatchewan and tell him this is what the government had planned? They did not do that.

This is the Prime Minister personally saying that he is going to ban tanker traffic because he thinks it is bad. Where is the science? What is his logic for doing this? Is there a problem with tankers? Are tankers unsafe? Is there a problem with the currents and other things in that area? The science that we have says no.

If tankers were unsafe, why would we allow them down the St. Lawrence River? Why would we allow them off the coast of Atlantic Canada? As we speak, tankers around the world are shipping oil out of places like Saudi Arabia and Venezuela. They do this every day and we hear nothing about it.

What is it about this coastline that is so unique and special that Atlantic Canada does not get the same special consideration? Why is Atlantic Canada or the St. Lawrence not treated the same way? If we are concerned about the west coast, why are we not concerned about the St. Lawrence and Atlantic Canada? It does not make sense.

Some from western Canada may ask why the Prime Minister is doing this. It comes back to what he said before. He does not want the resource sector to be developed. He wants to shut it down. This bill is one of the corner pieces of the puzzle that would actually do that. What does that mean for the people of Saskatchewan, the people of Alberta, and the people of northern British Columbia? It means lost economic opportunity and lost jobs. What is left for the families that are employed in this sector, who are in good, well-paying jobs, who are in a good situation and are able to give their kids a good quality of life?

People in western Canada right now are taking part in rallies. I was on Facebook last night and watched a rally in Fort Nelson. Families are saying, “Enough is enough.” They have had enough. They want their MPs to represent them. They want their MPs to tell them that they care. They want their MPs to understand that the resource sector is not bad. They want us to understand that people need fuel in their cars and they would love to provide it. They want us to understand that they provide it in the most environmentally friendly fashion in the world.

What is the deal? Where is the problem? It comes back to one thing: the Prime Minister does not like the resource sector.

The Prime Minister went to Paris. He wanted to be the big guy in town, so he made commitments. He came back to Canada and he took the Conservative targets. He brings in things like a carbon tax, which he is going to shove down the throats of Canadians. People in Saskatchewan are looking at that carbon tax and they know it is really going to hurt them because they cannot pass those costs on.

A farmer cannot pass a carbon tax on. He cannot take the cost of fuel for his tractors, his combines, and his machinery and put it in the price of a commodity that is traded on the world market. However, he is still forced to compete against Americans who do not have a carbon tax. The Australians removed their carbon tax. Other countries are not going down this road.

What is even sadder about carbon is Saskatchewan has a really good game plan that does not involve a carbon tax, which would actually meet our commitments, and the Liberals will not agree to that. Why is that? What is the issue there? If their goal is to reduce carbon and there is a game plan that will not impact the economy and will actually achieve that goal, why not take it? It goes back to one thing: lack of respect.

The Liberals want to shut down the resource sector. We are hearing stories now that they want to shut down the coal sector. In Saskatchewan, we have carbon capture off our coal power plants. With this technology, those power plants have five times less emissions than natural gas. However, the Liberals say, “Let us get rid of coal.” What does that mean? Is that really crazy? I think so.

If there is technology to make coal clean and to reduce its carbon footprint, why would we not embrace the new technology and still use this fuel source? No, we are going to get rid of it. We are to ignore the science because, heaven forbid, cabinet knows best. That is what is happening. All the regulations and science are being thrown out the window, and it goes back to cabinet, and its members are going to say “Do I like this guy or not?”, or “I have a toothache so I'm going to vote no.” What about the science? Science needs to trump that.

In Bill C-48, where is the science to say it requires this type of ban? It is not there. There is no science.

There have been no consultations. It is something that is going to drastically change the lives of families across western Canada, if not all of Canada, yet the Liberals just march ahead. They put the earplugs in and just do what they do. Then they wonder why people are protesting in western Canada. They wonder why families are concerned and upset. They cannot understand why they do not love them. There needs to be respect. The Liberals need to talk to them. The Liberals need to understand why this is important to people. They need to show common sense, because there is no common sense in bringing oil from Saudi Arabia and Venezuela when we have oil right here in Canada. It is actually clean oil. It is more environmentally friendly than any oil we would receive from other parts of the planet.

This bill is a bad piece of legislation. It should be thrown away. If the Liberals want to talk about protecting the environment in that region, or maintaining areas in that region in their natural state, let us have that discussion. I have no problem with that. There might be areas where we see that through. However, to say there will be no more tankers in the whole region is absolutely crazy. It is ludicrous.

People in western Canada just cannot understand the government. It has so many things at its fingertips to make this economy run really well and still meet all its environmental commitments and the government keeps chopping off the hand that feeds it. It is so sad.

I will not be voting in favour of the bill. It is a bad piece of legislation. It sets a bad precedent. It does not meet the commitment Liberals made to voters about consulting before making legislation. It does not meet the commitment about working with opposition parties and other groups at committee to have good pieces of legislation. It does not meet any of those criteria. However, the Liberals will still ram it through. It is unfortunate they are going to do that because they are making a huge mistake.

I will leave it at that, and I will entertain some questions.

Oil Tanker Moratorium ActGovernment Orders

May 4th, 2018 / 10:10 a.m.


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Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Mr. Speaker, first, the Enbridge line through northern B.C. would have gone through territory that had not seen pipelines. It is a highly ecologically sensitive area. That was the first concern. It was a concern of our party. It was a concern of the Supreme Court of Canada when it overturned the process the previous government had used to try to get that pipeline built.

There are alternatives. I wonder if the member would like to comment on the advent of processes to render bitumen into, basically, hockey pucks that could be shipped in bulk, so we we would not be dealing with what they call a persistent oil. These are oils that will not evaporate if they hit the water. These hockey pucks float, and they can be easily recovered. Has the member examined the option of refining the product more on the Canadian side, in Alberta, before it gets to the west coast? Then if it becomes a non-persistent oil, if it is something that would evaporate if it hits the water, as I understand it, that would be allowed under this tanker moratorium.

Perhaps he would like to comment on what the options may look like.

Oil Tanker Moratorium ActGovernment Orders

May 4th, 2018 / 10:10 a.m.


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Conservative

Randy Hoback Conservative Prince Albert, SK

Mr. Speaker, I appreciate the member's openness in saying we should look at technology to see if we can do this better and more safely. That is a wise approach. However, the Liberals are not doing that here. They are not doing that with coal, for example. They are just getting rid of it. They are saying that there is no technology, so get rid of it and do not allow anyone to use it. That is wrong. If there are new technologies that should be embraced, let us embrace them. If there are things that will make it safer, let us embrace them too. However, to impose a moratorium right across the west coast and say no is wrong. That is what this bill is doing.

They have not talked about the consultations. They have not talked about the impact it is going to have on western Canada or Canada as a whole. We are talking about a new technology that has come into play. Let us look at that new technology. I do not think the government is willing to accept new technologies, because if it did, it would mean it would allow the oil and gas sector to grow a bit, and that would be a problem for it. We in western Canada cannot understand why that is a problem.

I would encourage the government to look at new technologies. I would encourage it to find new ways of doing things. If there is a problem, it should address the problem, but it should not take a sledgehammer to it and say it got rid of the problem by just making sure that it is impossible to do.

Oil Tanker Moratorium ActGovernment Orders

May 4th, 2018 / 10:15 a.m.


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NDP

Pierre Nantel NDP Longueuil—Saint-Hubert, QC

Mr. Speaker, I want to thank the member for Prince Albert for his heartfelt speech. It is clear that he is an honest man who is doing a good job of representing his riding by raising concerns about what he sees as a holdup.

Everyone looked up when the member opposite asked his question about alternative ways of distributing the resource in a more solid, more liquid, or more refined form. That is exactly what a debate like today's is meant to achieve. We can all learn something new. If any other members have similar knowledge, I hope they will share it with us, because the debate on this subject is usually like the blind leading the blind.

My colleague mentioned earlier that our oil is the most environmentally friendly oil in the world. Funnily enough, we are constantly being told the opposite. I do not know how many times I have read that using steam to extract oil from sand produces waste water. I have also read that this steam is generated using natural gas and that the natural gas emissions create a massive carbon footprint.

If there are any alternatives, we should talk about them. I quite agree with him. I am thinking specifically of the work of Paul Painter, who used ionic liquids to separate sand from oil. Let us talk about alternatives before we talk about distribution and increasing extraction.

Oil Tanker Moratorium ActGovernment Orders

May 4th, 2018 / 10:15 a.m.


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Conservative

Randy Hoback Conservative Prince Albert, SK

Mr. Speaker, that is why the Liberals need to have proper consultations. That is why they need to say to the public that this is what they are thinking and this is the problem. They would be surprised by what would come up as solutions. There are solutions to the problems. If they do not want to hear the solutions, they do stuff like this. They shove it down people's throats and get it done so they do not have a chance to present a solution. That is what they are doing in this case.

I will remind the House that there are still going to be tankers going up and down the west coast. However, they will not be Canadian tankers, and they will not be hauling Canadian oil.

We can look at all these new processes and new technologies and embrace them. I encourage us to embrace them. However, the government will not embrace them. It does everything but that. Instead, we see things like Bill C-48, which takes a sledgehammer to it and bans it outright. It takes all the development and throws it away, when there are probably opportunities here to make it better so that it works for everyone involved. That is so disappointing.

Oil Tanker Moratorium ActGovernment Orders

May 4th, 2018 / 10:15 a.m.


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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, today I rise to speak on Bill C-48, the oil tanker moratorium act. The name of the bill is actually quite curious, because when we look at the facts, we see that this piece of legislation has very little to do with banning oil tankers from the B.C. north coast and everything to do with continuing the government's hurtful campaign against pipeline and oil development throughout this country, and in particular in western Canada. Little is surprising in this regard. The Liberals arbitrarily shelved the northern gateway pipeline in 2016, forced the cancellation of the energy east pipeline in 2017, and continued to do as little as possible to support the development of the Trans Mountain expansion pipeline, which has been put on life support now, certainly in this month of May.

First, let us examine what the Liberals are saying this bill would do. Time and time again, we have heard in this chamber that Bill C-48 is about environmental protection, that by imposing this moratorium, the northern coast will be better protected, specifically against oil spills. They argue that a moratorium is the only way to safeguard against the problem and that this legislation is therefore the way forward. There are numerous and significant flaws with this jurisdiction, which mark it as both hollow and ill-advised.

First, there is an issue of consistency. Why are the Liberals targeting the B.C. north coast for a ban on oil tankers while they apparently ignore the presence of oil tankers along many other of our coasts in this country? Why are they making the arbitrary decision to limit the transport opportunities for oil along the north coast and not the south? This kind of moratorium does not exist along the St. Lawrence Seaway or in the Great Lakes, and it does not exist along the coast of Newfoundland and Labrador, Nova Scotia, or New Brunswick. It does not exist around Vancouver. The fact that Bill C-48 quite arbitrarily applies only to the B.C. north coast sheds serious doubt on the Liberal claim that the intention of this bill is environmental protection.

Second, this environmental jurisdiction fails to consider that a voluntary exclusion zone of 100 kilometres for oil tankers travelling from Alaska to Washington State has been in place since 1985. These preventive measures have already been taken, prior to any sort of moratorium being put in place by the government. Additionally, oil tankers operating at this distance from the coastline would continue to be unaffected by this legislation. Once again, we struggle to find any support for the arguments being put forward by the Liberals in favour of this bill.

Third, the Liberal argument that the oil tanker moratorium is the only way to protect the environment completely ignores the current and extensive regulatory framework that exists for oil tankers today travelling within our waters. Canada's oil tanker safety procedures and processes still remain one of the best in the world.

We recall 2014. The former Conservative government introduced and implemented many innovative measures to ensure that oil tankers operated under strict regulations and environmental protections. These measures included modernizing Canada's navigation system, enhancing area response planning, building increased marine safety capacity in first nation communities, and ensuring that polluters pay for any spills and damages since 2010.

Every large crude-oil tanker that operates in Canadian waters must be equipped now with a double hull, so any tanker in our waters is covered by two full layers of water-tight surfaces to ensure safety and environmental protection. Oil tankers are consistently monitored by our national aerial surveillance program, and our data-sharing and communication technologies rigorously guide oil tanker traffic across this country to reduce the risk of collisions.

Do these kinds of regulations and protections exist for tankers exporting oil from, let us say, Venezuela or Saudi Arabia? There is no way. Given the strong and extensive regulations that exist for oil tankers travelling through Canadian waters, it is very clear that any jurisdiction for a moratorium on oil tankers for environmental reasons is completely unfounded.

What, then, is this bill all about? The answer, of course, is that it is about the Liberals' ideological objective to restrict Canadian pipeline and energy development as much as possible. The bill can most accurately be described as a moratorium on any and all pipeline development along the coastline of northern B.C., and as a result, this legislation would kill any economic opportunities communities in this region would otherwise have due to the increased energy investment in that area. We are already seeing that. This ban would seriously hurt many, and I say many, first nation groups that have stood to gain from a pipeline in their area.

The Eagle Spirit pipeline is a $16-billion project that would stretch from Bruderheim, Alberta, to Grassy Point, along the northern coast of B.C., which would be forced to reroute to Hyder, Alaska, and its end point. If this pipeline ban is imposed, the Eagle Spirit pipeline project, directed by more than 30 first nations across northern B.C. and Alberta, and their communities stand to lose a major economic opportunity due to the Liberal government's ideological and political posturing.

Bill C-48 has been brought forward without any true or meaningful consultation with first nation communities, which would be severely impacted by the implementation of a pipeline ban in northern British Columbia.

I will quote Calvin Helin, the chairman of Eagle Spirit and a member of the Lax Kw'alaams first nation, who said, “First Nations are completely opposed to government policy being made by foreigners when it impacts their ability to help out their own people [on reserve]. The energy industry is critical to Canada’s economy”, which no doubt it is, “and by some reports we are losing [an unbelievable] $50 million a day.”

We are losing $50 million a day. That could be many schools and hospitals that we could build in Canada every single day.

It is simply unacceptable that the government refuses to consult with these groups to allow them to develop energy infrastructure, which would create significant economic opportunities in these communities. However, this behaviour coming from the Liberals is also unfortunately unsurprising, considering that it is the Liberal government that has overseen the largest decline in Canadian energy investment in the past 70 years. We have talked a lot in the House about $80 billion-plus taken out of the economy, along with jobs in the energy sector. Well over 110,000 workers are unemployed in Saskatchewan and Alberta.

A moratorium on pipelines in northern B.C. is just another example of the government's blatant hostility toward our energy sector and the jobs and economic opportunities it would supply to communities across this country. The government has used the justification of environmental protection as a smokescreen for its anti-Canadian energy policies. When this argument is held up against the facts, we see it for what it is: a desperate attempt to mask the Liberals' ideological agenda. There are no real winners as a result of the northern B.C. pipeline moratorium, except American consumers, who receive discounted prices on our Canadian oil.

Oil Tanker Moratorium ActGovernment Orders

May 4th, 2018 / 10:25 a.m.


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Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Minister of Families

Mr. Speaker, listening to some of the members, particularly from the Prairies, talk about our great coastlines and waterways and then ask what the difference is between the St. Lawrence Seaway and the coast of northern B.C. is a little like saying I have a backyard garden and I know about agriculture. There is a very big difference between the St. Lawrence Seaway and the northern coast of B.C. For example, the St. Lawrence Seaway is man-made. That is one of the critical differences.

Does the member and the party opposite really think that the St. Lawrence Seaway should be governed with exactly the same rules as the most sensitive marine environments in our country, regardless of where they are, regardless of whether there is access, regardless of whether there is even a city or a real port on the site? Is that really what the Conservatives say, that all coastlines are equal and should be treated as such?

Oil Tanker Moratorium ActGovernment Orders

May 4th, 2018 / 10:25 a.m.


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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, it is a direct attack on the northern coastline of British Columbia. We have talked about it in our speech here. There are no regulations to bring in Venezuelan oil or Saudi Arabian oil. The Liberals seem to think that it is very good to bring it into New Brunswick. We do not even talk about southern B.C. The bill talks about northern B.C.

I just talked about the opportunities of first nations that want to join the economy in this country, and they want to shut it down. We have heard from many groups in northern B.C. that want an opportunity of employment, an opportunity of prosperity, only to be shut down by this bill and the Liberals.

Oil Tanker Moratorium ActGovernment Orders

May 4th, 2018 / 10:25 a.m.


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NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Mr. Speaker, the revisionist history here is breathtaking. The northern gateway pipeline was defeated by first nations on the basis that the Harper Conservative government failed to consult them. Therefore, this is challenging language.

Given what we are now hearing from that quarter of the House about the Conservative Party's commitment to science and evidence, how does the member view the previous Conservative government's sabotage of the Environmental Assessment Act and the removal of protections under the Navigable Waters Protection Act? Where was the science that told that government it was a good idea to remove habitat protection from the Fisheries Act?

Oil Tanker Moratorium ActGovernment Orders

May 4th, 2018 / 10:30 a.m.


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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, the Conservatives did a lot in nine and a half years in government, and the Liberals have been undoing it in the last two and a half years.

I can stand here and talk about Eagle Spirit. All it wants is the opportunities in northern B.C., and they are being shut down here today. If and when the bill passes, this will be disastrous for northern communities. It is the same with Kinder Morgan. We have more first nations in B.C. that approve the pipeline than those that do not, and yet we cannot get it done.

Oil Tanker Moratorium ActGovernment Orders

May 4th, 2018 / 10:30 a.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it is hard to know where to start.

I would point out to the member that, in 1972, there were extensive consultations when the government of the day, under former prime minister Pierre Trudeau, enacted a moratorium against oil tanker traffic in the passage that includes Hecate Strait and Dixon Entrance. That area has the fourth most hazardous body of water on the planet, and the transit is in interior waters with an immediate threat to Haida Gwaii and the B.C. coast. It is incomparable to any other body of water on any Canadian coastline. The moratorium was respected by Progressive Conservative federal governments and Social Credit provincial governments. It did not matter what government was in power, provincially or federally, until Stephen Harper, with zero consultations, ignored the moratorium and took it away.

I challenge the member to say why a government should not be allowed to fulfill an election promise and legislate a moratorium that we had for four decades.

Oil Tanker Moratorium ActGovernment Orders

May 4th, 2018 / 10:30 a.m.


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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, we are losing $50 million a day, and 110,000 jobs have been eliminated in my province and in Alberta because of the oil sands. It is because of the Liberals' attack on oil in Saskatchewan and Alberta. This is just another example. The Liberals are not listening to Canadians, and they will dearly pay for it next year.

Oil Tanker Moratorium ActGovernment Orders

May 4th, 2018 / 10:30 a.m.


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The Speaker Geoff Regan

Resuming debate, the hon. member for Nanaimo—Ladysmith.