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

Speaker's RulingOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / noon

The Acting Speaker Carol Hughes

There are two motions in amendment standing on the Notice Paper for the report stage of Bill C-48. Motions numbers 1 and 2 will be grouped for debate and voted upon according to the voting pattern available at the table.

I will now put Motions Nos. 1 and 2 to the House.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 12:05 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

moved:

That Bill C-48 be amended by deleting Clause 4.

That Bill C-48 be amended by deleting Clause 25.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 12:05 p.m.

Notre-Dame-de-Grâce—Westmount Québec

Liberal

Marc Garneau LiberalMinister of Transport

Madam Speaker, Canadians are blessed with some of the most spectacular coastlines on the planet. Canadians boast the world's longest coastline, with over 243,000 kilometres—

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 12:05 p.m.

The Assistant Deputy Speaker Carol Hughes

Just a moment, please. There seems to be a small technical problem here. Unfortunately, the person who moved the motion needs to go first.

The hon. member for Carlton—Trail Eagle Creek.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 12:05 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I rise today to speak to Bill C-48 at report stage, which the government has called the “oil tanker moratorium act”. I would assert that this title is misleading, as is the bill to which it is attached.

In my previous speech in regard to Bill C-48, I made clear how this not about banning the currently non-existent oil tanker traffic in the Dixon Entrance, nor will it affect the tanker traffic that is currently traversing only 100 kilometres off the northwestern coast of British Columbia. Furthermore, nowhere else in Canada is there a ban of this sort.

The Canada West Foundation, in its submission to the committee studying this proposed act, put it succinctly. It said:

There are no restrictions on tankers carrying crude and persistent oils from stopping, loading and unloading at ports along any of Canada’s other coastlines, particularly the East Coast or internal waterways, like the St. Lawrence River, where oil tankers regularly travel. Implementing Bill C-48 will send a clear message that it is okay to have oil tanker traffic when it supports refinery jobs in Montreal, Sarnia, Quebec City and Saint John, but not when it supports jobs in Alberta and Saskatchewan tied to the export of western Canadian oil to Asia.

The Conservatives will not participate in the fantasy that the bill has anything to do with transportation, of which I am the shadow minister. This is precisely why my colleague for Lakeland, who is our shadow minister for natural resources, has taken point and led the discussion surrounding the bill before us.

Despite objections, it is clear that Bill C-48 is about banning pipelines to tidewater in northern B.C. Of course, the Prime Minister cannot very well pass a bill in Parliament that bans pipelines in one part of British Columbia while supposedly championing another pipeline in the south—thus the charade.

The government should be forthright with Canadians by bringing forward the bill that the Liberals actually want, which is one banning pipelines in northern British Columbia. That way, they would find out what Canadians really think about their ideological opposition to Canadian oil. Of course, they will never do that. The government does not have the courage to take this to Canadians with the facts laid clear, because they know that their ill-conceived ideas would be absolutely rejected. In fact, I know of one group of Canadians in particular who do not support the government's de facto ban on pipelines in northern British Columbia, and that is the over 30 first nations who supported and stood to benefit from northern gateway.

When the Prime Minister intervened in the arm's-length, non-political review process and cancelled the northern gateway project, these first nations were taken completely by surprise. In committee we were told that they were excited to hold a significant stake in this important project and secure a better economic future for the members of their bands through the jobs and the financial strength that comes with natural resource development.

It was estimated that over two dozen first nations invested millions in legal fees to reach agreements with Enbridge to share in the prosperity that northern gateway would bring. However, instead of a generational wealth-generating project, these bands were left empty-handed because of the Prime Minister's political decision.

The Prime Minister claims that consultation with first nation stakeholders is a priority. However, the underhanded cancellation of northern gateway shows that the government's claim is demonstrably false.

Many first nation groups do support our oil and gas sector. Eagle Spirit Holdings, for example, is led by the Chiefs Council, which is composed of over 30 first nation communities. We also heard in committee that their goal is to create an energy corridor in northern Alberta and British Columbia that would change the lives of thousands of their band members.

Eagle Spirit was proposed as an alternative to northern gateway a pipeline that would be owned and managed directly by first nations, with stricter environmental standards than even the highest government recommendations. This project would be the greatest boon to communities along its route.

In addition to the thousands of jobs and millions of dollars that the project would generate on a continuing basis, Eagle Spirit would run power lines and fibre optic cable along its path, increasing the quality of life for everyone in the area.

However, now there is a significant stumbling block for Eagle Spirit, and it is this very bill. That is why the Chiefs Council has taken it upon itself to challenge the oil tanker moratorium bill. I will quote from an article:

The Chiefs Council represents over 30 communities engaged in the First Nations-led Eagle Spirit energy corridor proposed from Bruderheim, Alberta to tidewater in northern British Columbia. Its members have unextinguished Aboriginal rights and title from time immemorial and continuing into the present, or have treaties over the land and ocean of their traditional territories. Having protected the environment as first-stewards of their traditional territories for millennia, the Chiefs Council is vehemently opposed to American ENGOs dictating government policy in their traditional territories—particularly the illegal imposition of the Great Bear Rainforest and the Oil Tanker Moratorium Act proposed by the Liberal Government.

Further on the article states:

We have, and will always, put the protection of the environment first, however, this must be holistically balanced with social welfare, employment, and business opportunities. These government actions harm our communities and deny our leaders the opportunity to create hope and a brighter future for their members.

The Chiefs Council is challenging this bill because it takes away their ability to create, in their own words, as I quoted earlier, “hope and a brighter future” for those they represent.

Energy projects are a path to self-sustainability and a better future for many of these bands. Unfortunately, the Liberal government does not agree. There is abundant evidence that the government disapproves of our oil and gas sector. There is the recent revelation that the government is funding protesters against the Trans Mountain pipeline. As well, the government has refused to use its full power to get Trans Mountain built, and the Prime Minister made comments to the French media recently, bemoaning his inability to phase out the industry faster.

It is clear that the government cares more about signalling its progressiveness, and I used that term loosely, to the rest of the world than it does about results. I say that because if the Liberals cared about reducing carbon emissions worldwide and pursuing policy that is best for the environment, best for women, and best for minorities, they would be championing Canadian oil and gas worldwide whenever possible. No country has the environmental record that Canada has. No country has our commitment to clean production. Of the large oil-producing nations in the world, only the United States and Norway can touch our record on human rights.

Our oil is ethical, safe to transport, and it can change the lives of thousands of first nations band members who want to pursue that hope and a brighter future. Instead of championing Canada, the Liberal government is allowing the industry to be strangled by a lack of transportation, over-regulation, and overtaxation.

It may come as no surprise that I will not be supporting this bill. I urge all those in this place to join me in voting against this bill to support the rights of economic self-determination for first nations groups like Eagle Spirit.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 12:15 p.m.

Notre-Dame-de-Grâce—Westmount Québec

Liberal

Marc Garneau LiberalMinister of Transport

Madam Speaker, of course, my government is implementing a promise we made in the 2015 election. Our Prime Minister made it very, very clear that one of the promises we would be making in that election was that we would impose a moratorium on oil tanker traffic on the north coast of British Columbia, and we are keeping that promise. In fact, we were elected and that is part of our commitment.

I find my colleague's comments a bit disingenuous in the sense that, first of all, northern gateway, by the way, in consultation with the previous government, did not sufficiently address indigenous peoples. That is why it was blocked. That is very, very clear, and yet she talks a lot about indigenous peoples. The member failed to mention the many first nations that wholeheartedly support the moratorium. Why did she not mention any of them?

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 12:15 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I would put back to the minister that it is a bit rich for him to talk about consultation when we heard in committee that regardless of whether a first nation's community supported the moratorium or not, none of them had been consulted. This was an initiative written into that minister's mandate letter without any consultation with first nations in British Columbia.

To talk about the Liberals' 2015 election platform where they promised to do this, their platform is basically a list of broken promises. We have seen considerable flexibility on the part of the government to break many of the promises made in its 2015 platform. To say that this particular platform commitment is binding would be the height of hypocrisy from the government.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 12:15 p.m.

NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, the member talked about putting the environment first and how that is important to her, and she talked about Canada's record in terms of shipping oil and energy. I live in coastal British Columbia, where we have seen recent failures to deal with spills, whether it be a bunker spill in English Bay or a diesel spill such as the Nathan E. Stewart spill up in Heiltsuk territory. The failure of Canada to be able to address these spills is clearly evident. We also know that the government has not been able to find a way to clean up raw bitumen, and neither has the industry.

Maybe the member could speak to how she can support increasing tanker traffic and putting tens of thousands of coastal jobs at risk when we have not been able to deal with the spills that have happened currently, never mind shipping raw bitumen.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 12:15 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I would suggest that Bill C-48 would do absolutely nothing for the preservation of British Columbia's environment. This is a symbolic bill. Ships, including U.S. tankers travelling from Alaska to Washington state, would continue to be able to travel up and down the coast just outside the 100-kilometre limit.

Further, when we talk about Canadian oil production, Canadian oil is extracted and transported under some of the safest and most environmentally strict regulations in the world. I truly believe preventing our Canadian oil resources from reaching customers in other countries only serves to proliferate the use of oil products extracted and transported in a less safe and less environmentally friendly way.

This is a strange contradiction we see, and I really believe the NDP's view on Canadian oil is that the NDP's opposition to its defeat is the supposed greater goal of protecting the world's environment.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 12:15 p.m.

Notre-Dame-de-Grâce—Westmount Québec

Liberal

Marc Garneau LiberalMinister of Transport

Madam Speaker, Canadians are blessed with some of the most spectacular coastlines on the planet. Canada boasts the world's longest coastline, over 243,000 kilometres from the Pacific to the Arctic to the Atlantic. In addition to offering exceptional economic development, tourism, and recreational opportunities, Canada's vast coastal waters are home to rare species and precious ecosystems. Our coasts are very special places, particularly for indigenous peoples who have occupied these areas since time immemorial.

Bill C-48 recognizes that with these gifts provided by our natural coastal spaces, we also assume tremendous responsibility. We have a duty to protect our marine heritage for present and future generations. That responsibility includes safe and clean marine shipping, which is essential to our country's economic growth. Make no mistake, marine transportation is fundamental to Canada's economic well-being. Delivering our products to global markets and receiving goods from other countries is vital to the livelihood of Canadians.

The environmental and social aspects of marine transportation are also very important. Freight transportation in these sensitive waters must be done in an environmentally sustainable manner. Canadians expect us to strike a balance between economic growth and environmental protection.

This is why the oil tanker moratorium act is so important to Canadians and to this government. Once in effect, this legislation would help protect the pristine waters off British Columbia's northern coast. Let me briefly summarize the key components of this bill, one of the many progressive steps we are talking under the $1.5-billion oceans protection plan.

The oil tanker moratorium would prohibit oil tankers carrying more than 12,500 metric tons of crude or persistent oils as cargo from stopping, loading, or unloading any of these oils at ports or marine installations in northern British Columbia. I am referring to products such as partially upgraded bitumen, synthetic crude oil, petroleum pitch, and bunker C fuel oil.

Vessels carrying less than 12,500 metric tons of crude or persistent oil as cargo would also be permitted to stop, load, or unload in the moratorium area. This would allow northern communities to receive critical shipments of heating oils and other products they require. For many communities without road or rail access, the only way to receive products, like liquefied natural gas, propane, gasoline, or jet fuel, is by ship.

The proposed moratorium area extends from the Alaskan border in the north down to the point on B.C’s mainland adjacent to the northern tip of Vancouver Island, including Haida Gwaii. This moratorium will complement the existing voluntary tanker exclusion zone, which has been in place since 1985.

A key concern is the transfer of crude oil or persistent oil from larger vessels to smaller ones. This bill would prohibit ship-to-ship transfers.

Anyone caught trying to elude the moratorium would face stiff fines. The legislation includes strong penalties reaching up to $5 million.

Equally important, the bill includes flexibility for amendments. For example, products could be added to or removed from the list of banned persistent oils based on science and environmental safety. Environmental safety would be the main consideration for any additions or deletions to the product list through the regulatory process. Once adopted, this legislation would provide a high level of protection for the Canadian coastline around Dixon Entrance, Hecate Strait, and Queen Charlotte Sound.

Transport Canada officials and I have been working with marine stakeholders, as well as indigenous and coastal communities to make sure this happens. We have consulted extensively with a wide cross-section of Canadians on how to improve marine safety in Canada and successfully implement the proposed moratorium.

Since January 2016, we have held roughly 75 engagement sessions to discuss the moratorium, including 21 round tables. Over the same time, my department has also received more than 80 letters and other submissions on the moratorium. In addition, approximately 330 people have provided submissions or comments on Transport Canada's online engagement portal.

As parliamentarians know, the oceans protection plan includes more than just new measures to improve marine safety and responsible shipping, and to protect Canada's marine environment. It also includes a commitment to create new partnerships with indigenous and coastal communities. Indigenous peoples must have meaningful participation in the marine shipping regime. They must have a seat at the table.

This makes practical sense. Indigenous peoples along the coast have valuable traditional and local knowledge. They are also often best placed to respond to emergencies. Recognizing this, I held round table and bilateral meetings with first nations on the north and cental coasts of British Columbia to understand their perspectives on the moratorium.

As my hon. colleagues are undoubtedly aware, the Standing Committee on Transport, Infrastructure and Communities also held public hearings on the legislation. I was particularly encouraged by the level of support for the bill at the committee hearings by witnesses representing indigenous peoples, and I would like to thank the various groups that took the time to meet or write and express their views with either me or members of the committee.

I think it is important to note that there were some groups who would have liked the moratorium to be implemented in a different way or who spoke out against certain elements. We listened to their views and concerns, and we have determined that the right balance is achieved by the proposed legislation which takes a precautionary approach.

We also met with environmental non-governmental organizations, and they had the opportunity to express themselves. We also met with industry representatives, as the industrial sector has a direct stake in these issues. Representatives of the shipping sector participated in a number of meetings, and provided letters to me. I received correspondence from the Business Council of British Columbia as well. In addition to the participation in round table meetings, representatives from the provinces of British Columbia and Alberta took part in regular bilateral discussions on the moratorium and marine safety.

We listened carefully. We listened to stakeholders and Canadians, and their comments formed the basis of this bill. We took careful note of the opinions of Canadians who are directly affected by the proposed moratorium. We are aware that some groups or individuals will think that their concerns were not taken into account, but we believe that this bill strikes a fair balance.

The moratorium's parameters are also informed by and based on science. For instance, the moratorium would apply to products known to be the heaviest and that persist the longest when spilled. Crude oils and a range of persistent oils pose the greatest threats to vulnerable marine mammals and ecosystems.

One does not need to live on Canada's west coast to appreciate the need for a new approach to securing prosperity for Canadians, an approach that protects and preserves the bounty that nature has bestowed upon us. The legislation before us does more than address the needs and concerns of Canadians living in B.C.'s coastal communities; it advances the interests of the entire country.

The oil tanker moratorium act would mean much tougher laws for shipping and marine transportation, to reduce the adverse impacts of vessel operations on our environment and to better protect Canadians. As importantly, this legislation clearly demonstrates that we can make meaningful progress on both economic and environmental fronts for the betterment of all Canadians. We can ensure the safe, efficient, and secure transportation of goods that create jobs and prosperity while safeguarding the waters that are the very source of life.

I encourage my hon. colleagues to make the oil tanker moratorium a reality, something that has been proposed and discussed by the Canadian public and in the House of Commons by all parties for years. It is long past time for this necessary and worthy legislation.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 12:25 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, we know that diversifying Canada's export market for oil and gas is critical to supporting the continued growth of our economy. Demand for Canadian oil is strongest in the rapidly growing market of the Asia-Pacific region.

Venezuelan oil in Quebec is okay. Saudi Arabian oil on the east coast is okay. Canadian oil in Vancouver is okay, but not in northern B.C. Why?

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 12:30 p.m.

Liberal

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

Madam Speaker, my hon. colleague talked about the importance of oil. That allows me to ask, because I do not think it has been specifically asked to the Conservatives, whether they are going to be supporting the TMX pipeline, which we have very clearly said is important to the national interest. This is an extremely important pipeline. It has 157 conditions attached to it. We are putting in place the oceans protection plan, an unprecedented marine protection plan. However, I have not heard from the Conservative Party on whether it will support, in the national interest, the TMX pipeline.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 12:30 p.m.

NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

Madam Speaker, we certainly will be supporting Bill C-48. We have some concerns, and we have spoken about those concerns. However, the minister speaks of safety and protection of B.C.'s north coast. The minister mentioned the oceans protection plan in his speech. We have concern with this plan, in that there is no way to clean up toxic dilbit. I am wondering if the minister could elaborate on his oceans protection plan as to what technology exists to clean up toxic dilbit.

Motions in AmendmentOil Tanker Moratorium ActGovernment Orders

April 30th, 2018 / 12:30 p.m.

Liberal

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

Madam Speaker, my colleague's question allows me to talk about what is in the oceans protection plan. There are two parts to it. There is prevention, and then, if there is a need to respond, there is the ability to respond. It is very important to realize that we will be putting a lot of measures in place for prevention. There will be six extra radar stations. We will be working with the first nations along the entire coast of British Columbia, who are often those who know the local waters where a potential incident can occur and are able to respond the most rapidly. We will be providing them with equipment, training, and with awareness of the traffic that is in the zone.

All of those things will help them to respond. At the same time, we are working to be in a position, when the TMX goes forward, to respond efficiently to any possible spill of dilbit. We believe that with the oceans protection plan, the chances are very minimal. However, if something should occur, we will have the necessary infrastructure and response capability in place to respond quickly and efficiently.