This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.
Marc Garneau Liberal
This bill has received Royal Assent and is now law.
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.
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.
Sheila Malcolmson NDP Nanaimo—Ladysmith, BC
Mr. Speaker, I thought the member for Cloverdale—Langley City was next.
The Speaker Geoff Regan
As I understand it, there was a change earlier to accommodate one of the earlier speakers. I have the member for Nanaimo—Ladysmith next. She has the floor.
Sheila Malcolmson NDP Nanaimo—Ladysmith, BC
Mr. Speaker, I am thankful for the opportunity to speak to Bill C-48, the north coast partial oil tanker ban. That we have this in place is a credit to decades of work by north coast people. I also want to acknowledge the work of my colleague, the member of Parliament for Skeena—Bulkley Valley. His version of this bill in the previous Parliament toured the entire country, and thousands of people came out under the “Defend Our Coast” banner. It was very powerful. It gave the Liberal government the mandate to implement this, so we are glad to see the legislation.
We will be voting in favour of the bill. Our New Democratic colleague from Port Moody—Coquitlam tried quite hard to strengthen it. There is more ministerial discretion than we would like to see. Some of our colleagues have been quoted saying that one could drive an oil tanker through this moratorium. Nevertheless, we are going to vote in favour and we are glad to see some version of it moving forward.
As a member representing the south coast of British Columbia, the Salish Sea and Nanaimo—Ladysmith, I can say that we have very complicated shorelines, very fast-moving currents, very sensitive ecology, and 450 islands between the area I represent on Vancouver Island and the mainland of British Columbia and the U.S. border, with extremely complicated shipping traffic. We have very sensitive ecology and shorelines where we know that if there was an oil spill of any size, it would be extremely difficult to clean up.
Given that the industry standard for oil spill response is a 10% cleanup of oil, let me say again that members representing the southern part of British Columbia are committed to protecting their coastline, the economy, and the jobs that depend on it. They are just as concerned about the impacts of oil tanker traffic, especially when it is an unrefined, raw product that has no value-added jobs in Canada and no energy security benefit for Canada. Certainly, for British Columbians, the shipment of what we view as an increased level of danger by more oil tanker traffic and a thicker, unrefined product is all downside for our coast. There is no upside.
If the government is willing to put in strong measures for the north coast, why not for the south coast? There is still no peer-reviewed science that tells us how bitumen would react in the marine environment, in rough water with sediment in it. Who is going to have an oil spill with no waves? It just boggles the mind that the Liberal government could have approved the Kinder Morgan pipeline in the absence of evidence that bitumen can be recovered from the marine environment and that our response times are adequate to clean it.
What we have is some suspicion or concern based on what has been observed from other times when bitumen has been spilled in the marine environment. The diluent, which allows the raw, unrefined bitumen to flow, may evaporate very quickly. The evaporation itself may pose dangers to first responders, so it might be that first responders have to keep away. Certainly, if there was a bitumen spill in a heavily populated area, such as downtown Vancouver, a million people would be affected by a spill with much more toxic fumes than a refined product would have. We saw that in the Kalamazoo spill, which was in fresh water, but that was a huge occupational exposure.
When first responders have to stay away and cannot get to the spill quickly, this means that the diluent has more time to evaporate and there is an increased risk that the bitumen would sink. I have folders full of science reports from the Polaris Institute, the Royal Society of Canada, and others that talk about the stickiness and impact on marine wildlife such as sea otters and sea birds, let alone what would happen if we end up with bitumen coating the seabed. The damage that would be done trying to clean that up is alarming to contemplate.
We ask again, how is it that although the north coast partial oil tanker ban is being lauded by many of us on the coast and in the environmental movement, we do not have a concomitant level of protection in the south? We do not have confidence that our oil spill response is in a respectable and responsible place.
It turns out I am splitting my time with the member for Courtenay—Alberni. I look forward to his speech. We are full of surprises today.
My understanding is that the response regulations have not been updated or tightened since 1995. The Liberal government has had two and a half years to make that change. It has not. It is my understanding that if there is an oil spill in my region, the corporate entity responsible for the oil spill has 72 hours to get there. It is not in violation of the regulations unless it does not have booms and an oil spill response plan enacted within three days. How could that ever give any of us any confidence?
If the current government, or the previous government, really wanted to have pipelines approved and give coastal people any measure of confidence, then surely it would have upgraded and tightened those response times, as Washington State has done, repeatedly, as has Alaska.
When I was chair of the Islands Trust Council, we heard from our fellow governments at the local, regional, and state level that they were extremely concerned about Canada's, or British Columbia's, poor level of preparedness for an oil spill. Oil does not recognize the international boundary. They are very concerned, given the fast-moving currents. First of all, we are shipping a dangerous product for which there is no adequate response technology, and if we do not have the response times in place, the oil will move quickly to their side of the border. Certainly, their aquaculture industry is extremely concerned about our poor level of preparedness.
I am very glad to continue to see the Washington State governor salute the British Columbia NDP premier, John Horgan, for the very strong stand that he is taking to say, “I believe that the oil spill response plans for B.C.'s south coast are inadequate.”
We are seeing now, in court, the provincial government saying that as soon as the oil hits the shoreline, it is its responsibility and jurisdiction. If the federal government is not going to adequately regulate to protect this resource, then the provincial government will consider implementing regulations itself that would protect coastal ecology and coastal jobs.
To my regret, yesterday the federal Liberal government decided to intervene in that case to oppose my premier's efforts to better protect the coast where the Liberal government has failed to. Our New Democrat leader, Jagmeet Singh, urged the Prime Minister to join the British Columbia premier so they would co-operatively go to the courts together and ask for clarification.
That would have been leadership, and it would have been a real sign of co-operation and trying to get the right answer. Instead, to see the federal government intervening against the British Columbia government, which is simply trying to strengthen and increase the safety net, is extremely discouraging. What a strange way of spending both the government's legal resources and taxpayers' dollars. How on Earth could that be a good expenditure? What we need to be doing is strengthening the ecological safety net, and not fighting against stronger measures in court.
When I was chair of the Islands Trust Council, we heard from our Washington State colleagues about how important it was to have geographic response plans in place for oil spill prevention and preparedness. These are micro-studies of a particular region that would be enacted in the event of an oil spill. The responsible spiller, whoever that was, would know to boom this. The spiller is likely to be a corporate entity, and they do a pretty good job of looking after their own business.
We would love to see geographic response plans in place. I am pleased that the B.C. government is pushing for that.
The Speaker Geoff Regan
Before I go to questions and comments, I simply want to advise the hon. member for Nanaimo—Ladysmith that she was in fact correct that there was a mix-up here, for which I take responsibility. We probably should have gone to the hon. member for Cloverdale—Langley City. We will get to him in due course. That was a bit of a mix-up, and I appreciate her readiness to carry on as she did.
Questions and comments, the hon. member for Winnipeg North.
Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Mr. Speaker, I appreciate the fact that the NDP will support the legislation, which is a positive. This issue has been important to the government. It was raised during the last federal election, and the government is fulfilling that commitment.
I am a bit disappointed in the NDP's approach on the national interest and how it is prepared to forgo that based on the position that the environment has to be taken into consideration and there is absolutely no consideration given to the national interest. The member mentioned, for example, that she was disappointed by the federal government's actions with respect to the courts and not being onside with British Columbia.
Would the member at least acknowledge that the national interest does take into consideration our environment and the economy? The Trans Mountain pipeline is an excellent example of that. There even is controversy within the NDP. We have an NDP premier in Alberta saying that Albertans want the transcontinental. Does the member believe that the NDP premier has any merit whatsoever to her argument?
Sheila Malcolmson NDP Nanaimo—Ladysmith, BC
Mr. Speaker, I salute the Alberta New Democrat premier, Rachel Notley. She campaigned on a strong platform of standing up for the existing jobs and industry in her province, and she is continuing to do that. I also salute New Democrat premier, John Horgan, who campaigned against the Kinder Morgan pipeline and said loudly that he would use every measure he could within his limited provincial jurisdiction to protect the coast, and he is doing that.
From my perspective, when we hear in Kinder Morgan's filings to the National Energy Board that the permanent jobs in British Columbia are 50, and we recognize the tens of thousands of jobs that are dependent on a clean environment, on sport fishing, on tourism, and everything in the coast, for us it does not compute. I would argue that the true national interest would have been for the Liberal government to have kept its election promises to redo the Kinder Morgan review, but, most important, to truly reconcile with indigenous people. If the Liberals are to sign off on UNDRIP, then they certainly cannot ram a pipeline through and fight first nations in court. It is in the national interest to protect the environment. That is what we are doing.
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
Mr. Speaker, I appreciate the member's contribution to the debate. Politicians will often pick a position and then try to find facts that support their position, and I completely understand that. However, the member raised concerns about the science regarding diluted bitumen.
In the recent response to B.C.'s policy intentions paper for engagement activities related to spill management by the government, it says:
Federal scientists have published or presented over sixty papers on diluted bitumen science in peer-reviewed fora since 2012....to determine the fate, behaviour, potential impacts, and effectiveness of response techniques on a variety of heavy oil products....This research has ranged from lab-scale and pilot-scale tests of oil spill behaviour to field trials and evaluations of response technology. Findings have shown that diluted bitumen behaviour falls within the range of conventional oil products and so conventional mechanical recovery methods have been found effective...
The science on this is very clear. Could the member point to actual evidence showing the contrary? Will she then go to other arguments that may back her position? Science should not be one of them.
Sheila Malcolmson NDP Nanaimo—Ladysmith, BC
Mr. Speaker, in my capacity as Islands Trust council chair, I started writing to the Conservative ministers of transport and environment starting in 2011, asking them to show me the science they had. Apparently that caused a bit of a ripple in the departments because it had not been studied. The marine environment studies are extremely limited.
Just a year ago, the Liberal transport minister was quoted on the radio saying that the government did not know how it reacted and through the oceans protection plan, it would study its behaviour in the marine environment. I have a file full of peer-reviewed papers that say this needs more study in the marine environment and in estuaries and places where there would be sediment and waves.
Gord Johns NDP Courtenay—Alberni, BC
Mr. Speaker, it is a huge honour to rise today to speak to this bill. Before I get started, I want to acknowledge all my colleagues in the House, especially in the Conservative Party.
We have had an incredible loss this week of our good friend from Leeds—Grenville—Thousand Islands and Rideau Lakes. It is important that I acknowledge not just the loss of our friend, but the strength and courage of everyone in the House, especially our colleagues from the Conservative Party, for coming back here in honour of their colleague and constituents and for showing up for work yesterday. I was at committee and I was really touched by how everyone was dealing with this, but at the same time showing up for work. I want to commend them. My heart goes out to them, to the family, and to all the constituents of our good friend.
We are speaking to a bill to ban tankers on the north coast. I appreciate the efforts that are being made on the bill. Of course, there are some gaps that we have concerns about, certainly around ministerial jurisdiction and the ability for a minister to override some of this legislation. These are serious concerns. I could push the bill aside and open the door for something that we would not want to see happen, which is tanker traffic in a pristine area.
We have heard Liberal colleagues talk about the importance of this ecosystem. We have heard the Conservatives talk about jobs, and I will get to that in a minute. Most important, we are making a decision on legislation that protects our ecosystems for generations to come. We know how valuable those ecosystems are. I live on the coast, so I really understand how important our coastal waters are. We rely on clean oceans for our food, our economy, and our culture. It is precious and we must do everything we can to mitigate any chance that we could destroy these ecosystems forever, or even for decades, and upset our whole way of life.
When I talk about our way of life, we do not just use the ocean for transportation and the things I outlined. The ocean is our home. When I think about the north coast, I think about the south coast. There is no dividing line or border between the north and the south coasts. There is no wall between them. Currents, winds, and tides move the water from the north coast to the south coast. The fish migrate from the north coast to the south coast. Salmon move up and down. As coastal people, we move up and down. When I hear the Prime Minister say that tankers do not belong on the north coast, I have a hard understanding why he thinks they belong on the south coast and wants to increase tanker traffic sevenfold.
Yesterday, a great speech was given by my friend from Vancouver Quadra. She talked about witnessing “the environmental, economic and social devastation caused by the Exxon Valdez and BP catastrophes” in the Gulf of Mexico. “One major spill along B.C.’s shorelines would threaten fragile ecosystems, endanger wildlife, harm lives and communities, and jeopardize many of our” tens of thousands of “coastal jobs”. It is simply not worth the risk.”
It is clear that the spill, which happened over 25 years, is still impacting the community and causing devastation. She expressed that, and I appreciate her efforts. She is genuine about her support of a ban on the north coast. However, she could not square it when I asked her how she could support the Kinder Morgan pipeline. I have a lot of concerns with the Liberals talking from both sides of the coasts, or from both sides of their mouth. I am confused and I have questions.
I will pivot over to Kinder Morgan. It is important to talk about the Trans Mountain pipeline expansion. It is integrated. When we talk about a ban on the north coast, again, it is connected to the south coast. We cannot lose sight of the fact that the government is looking to approve a pipeline that is going to increase tanker traffic sevenfold.
The Prime Minister said in his 2015 campaign that if he was the prime minister, Kinder Morgan would have to go back to the drawing board, and that the process would need to be redone. Redone was a three-member panel that travelled around, listening to selected people and groups. It heard loud and clear from southern British Columbians that we did not want a pipeline. Therefore, I am confused. If that is the renewed process and the government is still moving forward, then there is not a lot of trust in the new three-member process that was delivered to the coastal people.
I have another quote from my friend from Vancouver Quadra with respect to the tanker ban. She said, “promise made, a promise kept.” Let us talk about a promise made, a promise broken, because that is Kinder Morgan, that is electoral reform, and a number of things. The list goes on and on. What we heard was a promise to protect coastal British Columbians. However, we know we do not have the science and the evidence-based decision-making, which the government said it would abide by, on how it will clean up raw bitumen.
As a coastal person, in the last couple of years we had a diesel spill in the Heiltsuk territory that we could not clean up. It affected the shellfish. It affected the Heiltsuk people's way of life, their economy, and their ability to sustain themselves. After the Conservatives closed the Kitsilano Coast Guard station, there was a 14-hour delay in dealing with the bunker fuel spill. How will the government deal with a spill from a supertanker full of crude oil? It cannot.
When the Simushir was off the coast of Haida Gwaii, we worried that it would land on the beaches of Haida Gwaii, on the traditional territory of the Haida people. Luckily, the Coast Guard got up there in time. The government is saying that we are going to get two tugboats and that is going to save us. I am sorry. British Columbians do not feel safe about two tugboats saving us and protecting us from an oil spill. We will appreciate them and we will take them. However, we are not feeling that confident based on scenarios like the Queen of the North. These are all examples that we can cite.
We had a spill in 1988 off the coast of Washington, and it landed on our beaches as far north as where I live in Tofino. It is not that it might happen; it is that it will happen at some point. Therefore, I have huge concerns with respect to the pipeline.
The other part of the conversation I do not feel is happening is this, and there is misleading information with respect to it. We hear that jobs will be lost and that it will allow more foreign oil to come to Canada. This is misleading. These pipelines are not designed to replace foreign oil. They will not replace oil from Nigeria or Saudi Arabia. This is made for export. No conversations are happening about a transition, about energy security, about refining more oil, and how we do that while we are in the midst of a transition.
We have seen what Norway has done. It put a trillion dollars in the bank, while Canada put $11 billion in the bank. Where is the trust from the Canadian people that we are investing in assets for future generations? Norway is earning $50 billion in interest alone off of its wealth fund.
We know we can do better and be more responsible with the management of our resources. We can find a better way for our future and that of our children by creating jobs, not exporting jobs, but also with respect to the transition that is needed, and needed now. The world cannot wait. We have to protect our pristine coastlines and ecosystems. They are sensitive. They cannot afford an oil spill of raw bitumen.
The Speaker Geoff Regan
After question period, the hon. member for Courtenay—Alberni will have roughly five minutes of questions and comments in relation to his speech.
The House resumed consideration of the motion that 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, be read the third time and passed.
The Speaker Geoff Regan
We will now go on to five minutes of questions and comments following the speech by the member for Courtenay—Alberni.
Questions and comments, the hon. parliamentary secretary to the government House leader.
Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Mr. Speaker, to reinforce the importance of the commitment made by the Prime Minister in the lead-up to the election in terms of having a moratorium put in place, this proposed legislation would fulfill that particular commitment. However, the government as a whole, in dealing with our natural resources and working with the many different stakeholders, from indigenous peoples to provincial entities, has recognized how important it is that we move forward in terms of both economic development and ensuring the interests of our environment.
Would the member not acknowledge that we can, in fact, do both at the same time and that it is indeed in the national interest?
Gord Johns NDP Courtenay—Alberni, BC
Madam Speaker, yes, we absolutely can. In fact, we are doing that right now where I live in coastal British Columbia. We have 100,000 jobs in tourism that rely on clean oceans and a healthy environment.
As New Democrats, we would like to see a transition from fossil fuels to renewable energy. We wish that the government would have pursued those same ambitious goals the Liberals talked about in 2015 in their campaign. However, when we look at the bill before us, the Prime Minister made a commitment: crude oil supertankers just have no place on B.C.'s north coast. I could not agree more, but the Prime Minister seems to believe that they belong on B.C.'s south coast.
There is no wall between the north coast and the south coast. The water does not go through a filter or anything like that. Our tides move. Our currents move. The wind moves water. Water moves. Our fish move. They migrate from the north to the south. Our whales migrate from the north to the south. There is no wall between the north and south coasts.
We need to protect our coasts. Therefore, I wish that this proposed legislation expanded beyond the north coast and included the south coast and was bold in protecting coastal waters.
There was an oil spill off the coast of Washington State, and that oil spill ended up on the west coast of Vancouver Island. That is how far it travelled, and this was a small oil spill. When we talk about the environment and the economy, yes, we can do both, but we do not need supertankers moving crude oil to protect the environment and grow the economy.
Alistair MacGregor NDP Cowichan—Malahat—Langford, BC
Madam Speaker, my colleague really is a strong defender, not only of his riding but of what we on the coast of British Columbia feel.
It is odd being in the House, because we have the Conservatives and the Liberals both trying to out-pipeline each other, and here we are standing in the face of stark evidence of what climate change is currently doing to our planet and what it is about to do.
We acknowledge that there are economic opportunities in moving toward a just transition. My colleague talked about that. I would like him to highlight, when we are talking about the national interest, what our coastal economy is really based on and what the potential is for the future when we take that forward-looking view, bringing in first nations, bringing in economic tourism and sportfishing, and wrapping that up all together for a clear vision of what we want to see on the coast going on through this century?