Bill C-48 (Historical)

Oil Tanker Moratorium Act

An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast

This enactment enacts the Oil Tanker Moratorium Act, which prohibits oil tankers that are carrying more than 12 500 metric tons of crude oil or persistent oil as cargo from stopping, or unloading crude oil or persistent oil, at ports or marine installations located along British Columbia’s north coast from the northern tip of Vancouver Island to the Alaska border. The Act prohibits loading if it would result in the oil tanker carrying more than 12 500 metric tons of those oils as cargo.
The Act also prohibits vessels and persons from transporting crude oil or persistent oil between oil tankers and those ports or marine installations for the purpose of aiding the oil tanker to circumvent the prohibitions on oil tankers.
Finally, the Act establishes an administration and enforcement regime that includes requirements to provide information and to follow directions and that provides for penalties of up to a maximum of five million dollars.

Oil Tanker Moratorium Act

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, we could look at, I believe it is about $87 billion in direct investment that has flown out of our country. Also, I only have to look at the east coast and the fact that we are importing oil from Venezuela, Saudi Arabia, and Nigeria. Surely, Canada should be getting a good price for our oil, and our people in Alberta should have the jobs and prosperity, and enjoy the benefits of the rich resources they have.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I have been looking forward to the opportunity to engage in this debate.

I am going to frame this discussion in terms of Canada's competitiveness and our future, what our future will look like for the coming generations if we continue to go along the path of sending terrible signals to the global investment community. My comments will actually focus on how Bill C-48 is poorly thought out and really does not reflect the reality of Canada's resource economy.

I am a proud Canadian, but I am also a very proud British Columbian. Unlike many of my colleagues in this House, I have had the chance to hike many of the different remote wilderness areas of British Columbia. I have had the chance to hike the Chilkoot Trail, where one hikes out of the coastal rainforest in Alaska into the drier interior area of British Columbia and follow the trail the early gold miners took to the Yukon gold fields. I have had a chance to hike the Bowron Lakes. In fact, we canoed the Bowron Lakes, 12 lakes connected with portages, where one is almost guaranteed to see moose and bear along the way. I have had a chance to climb the Rockwall and Skyline trails in the Rocky Mountains. I have had a chance to hike in the Cathedral Lakes area outside of Keremeos, British Columbia. Also, in the northeast corner of British Columbia, there is the Muskwa watershed, Gathto Creek, and Pine River. British Columbia is an awesomely beautiful province, a place we as Canadians can be very proud of. It is a legacy that has been left to us.

Anything that would threaten our coastal areas, any threat to the marine life in our oceans, is something I take very seriously. We know oil tankers have been plying our coastal waters for many, many years. Over those years, how many crude oil spills have actually happened in British Columbia waters? Does anybody want to guess? Zero. There have been zero crude oil spills as far back as we want to go. Why? Because we have superior pilotage, and we have tankers today that are double-hulled as opposed to single-hulled to make sure if they strike something, that object does not penetrate the hull. We now have a world-class marine oil spill response, and we love the government for doing that. That is good. We want to protect our coastal areas.

What we do not want to do is undermine Canada's prosperity as we do this, so we have to be careful how we implement policy. We have to ask ourselves what the Prime Minister's motive is behind imposing a moratorium on tanker traffic off our west coast. By imposing a moratorium, we are preventing Canada from getting its oil and gas products to foreign markets where they fetch the best price. What is the motive? Well, we could just follow the Prime Minister around the world on his global travels from costume to costume, leader to leader. Guess what? We found him in France, where he thought he was safe and he started badmouthing Canada's resource sector. More specifically, he badmouthed Canada's oil sands and lamented the fact that he had not been able to phase out the oil sands by now.

There is the hidden agenda. We have a Liberal government that wants to phase out our oil industry. It wants to put all kinds of impediments in the way of our resource sector to make sure Canadians do not get the maximum dollar that they should for their products.

The Prime Minister goes so far as to pretend he is one thing in British Columbia, where of course he is the champion of the environment whenever he visits, but when he travels to Alberta of course he suddenly becomes the champion of the energy sector.

In fact, what he did in Alberta was to say, “If you impose a massive carbon price on your residents, you'll be able to get the social licence to get the Trans Mountain pipeline built.” What happened? Alberta followed suit. It trusted the Prime Minister, which is something I think Canadians are now very wary of. Premier Notley trusted the Prime Minister when he said, “Hey, a carbon tax and you'll get your pipeline to tidewater”. Well, do we have a pipeline to tidewater? Today we have protesters, no leadership from the Prime Minister, and court challenges. What happened to the social licence? It is bogus.

Along the way, this moratorium on tanker traffic off our Pacific coast is just one more nail in the coffin of completely undermining Canada's competitiveness within the global marketplace. Every day that goes by, Canada becomes less and less competitive, especially vis-à-vis our partner to the south, the United States. I will mention a few things that this government has already done. If imposed, a moratorium on offshore drilling in the north undermines prosperity, because we leave resources in the ground that could have fetched good dollars, but we leave them there.

On the massive carbon tax that Canadians are now being expected pay, members can imagine how that undermines our competitiveness as we layer tax upon tax. Foreign investors wonder why they would invest in Canada and not go to the United States where the corporate tax rate was dropped from 35% to 21% and it got rid of all the red tape. The Liberal government funds a Canada summer jobs grant to an organization that is actually organizing and protesting against the Trans Mountain pipeline. The Prime Minister publicly says that it is going to build, but then gives cash to oppose it. That is our Liberal government.

Then, of course, there is Bill C-69, the new regulations that the Prime Minister would impose on resource projects. The bill would add more discretionary powers to the minister to extend and suspend timelines. There would be longer time frames. There would be new criteria added, including upstream and downstream impacts. This is how crazy it gets. The government would impose criteria, conditions, upon our own oil and gas producers that we do not impose on those who ship gas from foreign jurisdictions like Nigeria, Saudi Arabia, Kazakhstan, and Venezuela. The oil that comes from those countries into Canada right now does not have to comply with any of those criteria, but our own homegrown producers of that product, which is the cleanest in the world, and is subject to the toughest conditions in the world, have to comply with those criteria. We wonder why we have lost 100,000 jobs in our economy. It is because of policies like that. Over 87 billion dollars' worth of capital has fled Canada because of the poorly thought out policies of the Liberal government.

As Conservatives, and the word “conservative” implies conservation, we believe that the highest environmental standards have to be complied with. When we extract our resources in Canada, whether it is mining, oil, or gas, Canadians expect that it be done to the highest environmental standards. Canadians also understand that those resources that lie in the ground represent huge opportunities for economic growth in our country, for jobs, for long-term prosperity, and for funding the programs that governments want to provide to Canadians. It is absolutely critical that moratoria, like the one the Prime Minister is trying to impose on our west coast, not proceed, because at the end of the day, Canadians will pay a very significant price for that. Quite frankly, if in fact the Prime Minister cannot get the job done, he should step aside and let the adults take over. Let someone else take over, someone who really understands the economy, someone who understands the environment, and the appropriate balance between the two.

[Marc Garneau, Liberal, Minister of Transport]

Mr. Speaker, I listened with great interest to my colleague speak about how the Harper Conservatives were committed to the highest environmental standards. I arrived here in 2008, and I remember, because I actually read that in 2007, the Conservatives came out with their sectorial approach. Those of us who have been here a while know about this famous sectorial approach. It promised, sector by sector, to really handle climate change and take care of the environment. Seven years later, in 2015, nothing had happened. They engaged two of the six sectors they talked about.

I would like to know how they think Canadians are going to believe them on environmental issues, when in the 10 years they were here, they were totally unable to take care of their environmental commitments.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I am glad to answer that question. Under the Harper government, we actually found the right balance between the environment and the economy. We did not see $87 billion worth of capital fleeing Canada because of ill-thought-out policies.

It is time we pointed the finger back at our Liberal friends. Do they remember when the City of Montreal officials said to the Prime Minister that they wanted to dump raw sewage into the St. Lawrence. Of course, we all expected that our wonderful green Prime Minister would step up and say no. Guess what. He approved it. Tonnes and tonnes of raw sewage went into the St. Lawrence, and these Liberals are standing here claiming that they have the high ground on the environment. That is pathetic.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Mr. Speaker, I appreciate my colleague from British Columbia speaking about the environment. He said that the Conservatives had the highest standards in terms of protecting the environment. I live in coastal B.C., and we saw what happened recently to the Heiltsuk First Nation with the diesel spill. We saw the Simushir drift ashore in Haida Gwaii. We saw a bunker spill in English Bay. I could go on and on.

We are ill-equipped, because we have gutted marine response. We have closed MCTS centres that were invaluable and were based on local knowledge. They consolidated five stations on the west coast into two under the Conservative government's watch. I am sorry. They still have not told us how to clean up raw bitumen or even if there is any science behind cleaning up raw bitumen.

The member talked about this being the highest standard. If this is the highest standard, clearly we are ill-equipped to deal with what tanker traffic we currently have, never mind expanding tanker traffic. There is a good reason why a moratorium is being proposed for the north coast. I actually think we should be looking at all tanker traffic on the coast until we resolve these issues with evidence-based science and with a spill response program that could actually do the job, because they clearly did not do that during their mandate.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, my colleague obviously has not read this legislation. This is about tanker traffic. This is a tanker moratorium. Tankers carry crude oil, not bunker fuel and not diesel. They carry crude oil. This legislation would do nothing to solve the spills he made reference to.

Any time there is a spill, it is a terrible thing for our environment. We acknowledge that, and occasionally that will happen. Yes, we did have one in English Bay. It was not a crude oil spill. It was bunker fuel that leaked into our pristine English Bay. It was cleaned up. Today that bay is as clean as a whistle.

I would also say this. Our Conservative government never gutted the response times to spills. What we did was occasionally find efficiencies where we could consolidate resources and get a bigger bang for the buck. That is what Conservatives do. We are efficient with our dollars, something the Liberals are still learning.

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, I would like to thank my colleague for his remarks, particularly for his great overview of the history of safe tanker traffic off Canada's Pacific coast. We hear a lot of rhetoric and clearly a lot of confusion from some members on regular marine accidents, where a vessel might spill some of its diesel or its own petroleum products. That is very much different from an oil tanker, which is designed to transport diluted bitumen or a range of petroleum products.

There have been no accidents on the Pacific coast. Multiple governments, of both Liberal and Conservative stripes, have continued, over the last few decades, to modernize marine navigation and regulatory regimes and safeguards. I think that unblemished record will not only continue but has been enhanced by Canada's world-class regime.

My remarks on Bill C-48 are going to touch on two things. When Canadians go to the polls in 2019, they are going to assess the Prime Minister. Before, they just knew him as the celebrity son of a previous prime minister. He had no record, no record in the private sector, no record in the non-profit sector, no record in academia, and no record, really, of any note from his days as a member of Parliament in this place. Therefore, he ran and won on a celebrity record.

Now they are going to judge him on his performance, whether it is broken promises on the deficit, whether it is hundreds of billions of dollars of investment fleeing Canada, or whether it is our competitiveness, which literally every bank and economic forecaster in recent months has said is at real risk with changes in the U.S., with Canada increasing taxes and the U.S. lowering taxes. They are going to judge him on his record.

Nowhere is the current Prime Minister's record worse than on first nation issues. There is some laughter coming from the Liberal benches. The Prime Minister has a tattoo of the Haida Nation on his shoulders. However, I cannot say one thing he has done for that nation or any other nation. The missing and murdered indigenous inquiry has been a disaster from start to finish. There has been no clarity for the families that were promised certainty. There have been departures, with people leaving. They are now asking for twice as much time and twice as much budget. The Prime Minister promised healing and to drive us toward reconciliation. However, he has not done that.

One might ask why I am speaking about this when it comes to the tanker moratorium and Bill C-48. I will quote a chief from the Buffalo Lake Métis, Elmer Ghostkeeper, who, when the Prime Minister unilaterally, and not following science or regulatory approvals, cancelled the northern gateway pipeline, and this moratorium bill is essentially a way of blocking that from ever coming back, said, “Equity was offered to aboriginal communities, and with the change in government that was all taken away.”

Another leader from that area, from the Gitxsan Nation, Elmer Derrick, said, “The fact that the Prime Minister chose not to consult with people in northwestern [British Columbia] disappointed us very much.” In fact, 31 bands across that route were going to be 30% equity holders in that line with Enbridge. Unilaterally, the Prime Minister of Canada took away that economic opportunity that could have eliminated poverty in many of those communities within a generation.

It is sad that the Liberals are heckling, in light of some of the language coming from first nation leaders. That would not suggest a reconciliatory attitude from those members.

This is a pattern that started back in 2016 with the Prime Minister. In fact, on his first state visit to Washington, he signed on to an accord with the United States and with President Obama that put a ban on development of 17% of Canada's Arctic land mass and on 10% of Arctic waters. How much consultation was done in conjunction with that? It was zero.

Days after, the Premier of the Northwest Territories confirmed his disappointment that there was no consultation, that the first nations and Inuit of the area were not consulted. Who was trotted out by the Prime Minister's office? It was the president of the WWF Canada, David Miller, the former mayor of Toronto. That seemed to be the only organization in on this ban on our Inuit development opportunities in the north. I would note that a year earlier, the president of that organization was Mr. Butts, who was a principal adviser to the Prime Minister.

There was zero consultation with Inuit and first nations leaders in our Arctic and in northwest British Columbia but lots of consultation with insiders and, I would say, groups on the left. Why is that important? It is because now we see the Prime Minister's record on economic development coming home to roost. He unilaterally cut the northern gateway project. He killed energy east through changes to regulation. Now Trans Mountain is on the precipice.

Today marks one month remaining until Kinder Morgan may be withdrawing its capital investment, having watched two and a half years of the Liberal government over-regulating, over-taxing, and becoming less competitive and with uncertainty on whether it can even get a twinning of its existing line completed.

What is going to happen now with Bill C-48? If Trans Mountain fails, and the government is doing its best, even funding protestors through Canada summer jobs, to make that happen, this bill will preclude 31 first nations from actually coming up with an alternative to northern gateway through some of their traditional territories.

The Prime Minister is a master at rhetoric, but he is a disaster at delivery. He talks about consultation and reconciliation and does none of it. I stress that 17% of the land mass in the Arctic was struck away without a phone call. That not only violates the spirit of reconciliation, following what the Truth and Reconciliation Commission outlined, but violates Canadian law and case law on the duty to consult, going from the Sparrow decision to the Delgamuukw decision right through to last year's recent decisions of the Supreme Court of Canada on the Clyde River matter and the Chippewas of the Thames First Nation.

Consultation has to be meaningful to those affected, particularly when it is about the adverse impact of a decision. That is what the duty to consult, in Canadian law, with our first nations means. The Prime Minister has failed at every juncture on that duty. He did not consult Chief Derrick, Dale Swampy, or Elmer Ghostkeeper when he unilaterally took away an opportunity for 31 first nation communities to provide opportunities for their people. Where was the consultation?

Where was the consultation with our first nation, Inuit, and territorial leaders when, with the stroke of a pen in Washington, he struck away the opportunity for them to provide and make decisions on their own territory? Now, with Bill C-48, and with Kinder Morgan teetering on the brink, he is going to block yet another opportunity for Canadians and first nations to chart their own destiny.

As I said earlier, apart from the tattoo, I have not seen much commitment from the Prime Minister. In fact, his lack of consultation is insulting. I worked on these issues before becoming a parliamentarian. I was not a bouncer. I was not doing drama. I was working with the Canadian Council for Aboriginal Business on trying to provide opportunities by working with the resource industry. I have been blown away by some tremendous first nation leaders from across the country who are providing an opportunity for a new story for their people.

We have a Prime Minister who has killed northern gateway and energy east, and Trans Mountain is on the brink. I call him the serial pipeline killer. Not only do we have that happening to getting our resources to tidewater on our west coast, but the government is now going to block the opportunity for a new option with this moratorium, ignoring the fact that there has already been a voluntary 100-kilometre exclusion zone between Washington State and Alaska since 1985.

Once again, a government that talks a lot about reconciliation and building trust does not even have the courtesy to talk to the first nation communities that are going to be horribly impacted by their decisions.

The next apology I hear in the House of Commons I would like to come from the Prime Minister on his terrible decisions with respect to our first nations.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, it is truly amazing how the member across the way tries to give a false impression. Never before have we had a Prime Minister who has done such a fabulous job in trying to build and re-establish a relationship with first nations people.

For years in opposition, for example, I would say to the then Prime Minister Harper—

[Some hon. members]

Oh, oh!

[The Assistant Deputy Speaker, Anthony Rota]

That is exactly what we are trying to avoid, so if I could encourage the members to listen to the question and listen to the answers, we will all be further ahead.

The hon. member for Winnipeg North.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, when Stephen Harper was the prime minister, for years we were saying we wanted to have a public inquiry on the murdered and missing women and girls, but Harper closed a deaf ear to it. Within months we had one established. We have a Prime Minister who is committed to all the recommendations from the Truth and Reconciliation Commission. What did Harper have to say about it? Nothing.

When it comes to the issue of the pipelines or the moratorium, this is something on which, after serious consultation with Canadians, we went into an election and we made a commitment. It is a fulfillment of an election commitment that we are witnessing. Only the Conservatives continue to be out of touch with reality and what Canadians expect a good government to do. Only the Conservatives want to oppose the bill, and for what reason? It is because they just want to oppose the bill. They disagree with having a moratorium and they try to come up with ideas as to why it is not a good government.

This is a government that is actually building the pipeline. This is my comment and we will let the member respond to the comments.

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, I am astounded by the member's comments, and not by the volume and number of words he speaks, because he is famous for that. I talked about how the Prime Minister has provided zero consultation with respect to his unilateral decision on northern gateway, zero consultation when he signed away Inuit rights to self-determination on 17% of their lands. The member comes back to me and suggests that their consultation was the election. I guess that is what he is saying.

I would bet that the Liberals have not consulted on Bill C-48 with the 31 first nations impacted by the northern gateway decision, but the member seems to think the election writ period qualifies as consultation with our first nations. I would suggest that is not meaningful. I would suggest that falls short of Supreme Court decisions.

The second apology I would like to hear in the House is from that member for that suggestion.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, I very much appreciate the member for Durham's renewed interest in indigenous issues in this country.

He refers to those 31 indigenous communities that have signed agreements. I have looked at the list of those so-called agreements. As a matter of fact, the 31 agreements that he refers to are secret, confidential letters of undertaking and memoranda of understanding. I have been in this business for 30 years, and those are not agreements, to my mind.

Second, does the member find these so-called agreements consistent with what the Supreme Court has said in the Haida Nation case? On that case, the Supreme Court said that on important matters—and I would suggest that pipelines are important matters—we need the full consent of indigenous communities. Does the member agree?

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, I would like to thank the member for Abitibi—Baie-James—Nunavik—Eeyou because he has shared his perspective in the House on many occasions, and it is appreciated.

What I would suggest to him is that a 30% equity stake in a pipeline is a substantive agreement. Now, he is suggesting that they are not real agreements, but an equity stake in a project of that size is significant, and for him to discount it is simply wrong in law.

The second thing I would point out to him, if we want to debate Supreme Court cases, is that I would refer him to more updated cases from the Supreme Court, which I cited, from the Clyde River decision and the Chippewas of the Thames from last year in the Supreme Court. The decisions said that the duty to consult must be meaningful—and obviously the Prime Minister's zero consultations do not qualify as meaningful—but that consultations are limited in scope.

I have said clearly that there is no duty to veto projects in Canada. That does not help either first nations or the development of our resources for all Canadians. We have to engage in pragmatic, positive dialogue that builds partnerships with first nations. I think the member would agree with that, and it would agree with the Supreme Court.

My highlight tonight is that the Prime Minister's unilateral actions in our Arctic and in northwestern British Columbia fall short of the Supreme Court's expectations on Canada.

[The Assistant Deputy Speaker, Anthony Rota]

Order. It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Courtenay—Alberni, Indigenous Affairs; the hon. member for Saint-Hyacinthe—Bagot, Employment Insurance; and the hon. member for Calgary Shepard, Foreign Investment.