An Act to amend the Oceans Act and the Canada Petroleum Resources Act

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Oceans Act to, among other things,
(a) clarify the responsibility of the Minister of Fisheries and Oceans to establish a national network of marine protected areas;
(b) empower the Minister to designate marine protected areas by order and prohibit certain activities in those areas;
(c) provide that, within five years after the day on which the order of the Minister designating a marine protected area comes into force, the Minister is to make a recommendation to the Governor in Council to make regulations to replace that order or is to repeal it;
(d) provide that the Governor in Council and Minister cannot use the lack of scientific certainty regarding the risks posed by any activity as a reason to postpone or refrain from exercising their powers or performing their duties and functions under subsection 35(3) or 35.‍1(2);
(e) update and strengthen the powers of enforcement officers;
(f) update the Act’s offence provisions, in particular to increase the amount of fines and to provide that ships may be subject to the offence provisions; and
(g) create new offences for a person or ship that engages in prohibited activities within a marine protected area designated by an order or that contravenes certain orders.
This enactment also makes amendments to the Canada Petroleum Resources Act to, among other things,
(a) expand the Governor in Council’s authority to prohibit an interest owner from commencing or continuing a work or activity in a marine protected area that is designated under the Oceans Act;
(b) empower the competent Minister under the Canada Petroleum Resources Act to cancel an interest that is located in a marine protected area that is designated under the Oceans Act or in an area of the sea that may be so designated; and
(c) provide for compensation to the interest owner for the cancellation or surrender of such an interest.

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

May 13, 2019 Passed Motion respecting Senate amendments to Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act
May 13, 2019 Passed Time allocation for Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act
April 25, 2018 Passed 3rd reading and adoption of Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act
April 25, 2018 Failed Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act (recommittal to a committee)
April 25, 2018 Passed Time allocation for Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act
Oct. 17, 2017 Passed 2nd reading of Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act

Oceans ActGovernment Orders

September 27th, 2017 / 3:35 p.m.
See context

Beauséjour New Brunswick

Liberal

Dominic LeBlanc LiberalMinister of Fisheries

moved that Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act, be read the second time and referred to a committee.

Mr. Speaker, it is a privilege for me to speak in the House on this important legislation at the beginning of second reading debate. It is the first chance I have had as Minister of Fisheries, Oceans and the Canadian Coast Guard to speak on a piece of government legislation in my portfolio, so you can imagine how pleased I am to be standing in the House today and to have a chance to talk to colleagues about an important element of our government's agenda.

Canada is uniquely blessed with an abundance of freshwater and marine coastal areas that are both ecologically diverse and economically significant. Our government knows that we have a responsibility to steward these resources for future generations.

In my mandate letter, I was asked by the Prime Minister to increase the proportion of Canada's marine and coastal areas that are protected to 5% by the end of 2017 and to 10% by 2020. I am pleased and proud to say that thanks to the efforts of so many people and so many organizations, we will meet these targets. It is a commitment we made to Canadians, and Canadians should know that we will meet this important obligation.

Internationally, Canada's commitment to meet the 10% target was confirmed when we signed on to Aichi target 11, under the United Nations Convention on Biological Diversity, and again, in 2015, when we supported the UN General Assembly's 2030 sustainable development program. These efforts have garnered multi-party support over many years, and I want to thank colleagues on all sides of the House for their commitment to protecting Canada's marine resources.

Our approach to achieving Canada's marine conservation targets includes creating marine protected areas and networks, and is guided by three foundational principles: science-based decision making, transparency, and advancing reconciliation with indigenous groups.

Co-operation is essential to advancing our marine protection work, and we are working with the provinces and territories, indigenous groups, industry, and other environmental stakeholders to establish networks of marine protected areas.

We are committed to furthering reconciliation while these zones are being established. We strive to work more closely with indigenous groups, including Inuit communities, of course, to inform the process and make the most of their traditional knowledge.

Our government has a clear plan to reach these marine conservation targets. Not only is this plan guiding our domestic efforts, it is also helping us reclaim Canada's position as an international leader in ocean conservation. We are making excellent progress. We have now protected 3.63% of Canada's marine environment. At over 200,000 square kilometres, this new total includes long-term fisheries area closures, which the Prime Minister referred to a few moments ago in question period.

The first piece of our plan is to finish what was started, to complete the designation of marine protected areas that were already in the regulatory process. We currently have 11 Oceans Act MPAs in all three oceans. This year alone we have announced the establishment of the Hecate Strait MPA, off British Columbia, which provides protection for globally unique glass sponge reefs, which are thousands of years old. We also created the St. Anns Bank MPA, off Cape Breton, which is home to many endangered species, such as the leatherback turtle. There is more on the way as we progress with the establishment of, for example, the Laurentian channel and Banc des Américains MPAs as well.

Last month, my colleague the Minister of Environment and Climate Change announced the final boundaries of the Lancaster Sound national marine conservation area. This was a very significant step, obviously in partnership with the Inuit people. The boundaries of this marine conservation area, the largest in Canada, were developed by the federal government in collaboration with the Government of Nunavut and are located in the Northwest Passage. This area is of particular importance, as it is home to one of the largest narwhal populations in the world.

The second point in our plan is to protect large offshore areas. In May, a new area of interest in the offshore Pacific was announced. This new area of interest will protect underwater seamounts and a series of hydrothermal vents, recognized as unique marine ecosystems in our offshore.

Our development of this network of MPAs speaks to the third point in our plan: to protect areas under pressure from human activities.

We have made great progress on the fourth part of our plan, which is to develop guidelines to identify other effective area-based conservation measures. These other measures are an important part of our marine conservation tool kit, which is recognized by the Convention on Biological Diversity and the International Union for the Conservation of Nature. Thirty-two closures of fishing areas reflect our rigorous criteria and will help us meet our conservation targets. Other measures will be proposed in the future.

The final point in our plan addresses the need to establish marine protected areas faster under the Oceans Act, but without in any way sacrificing scientific research, socio-economic activities, and our consultation and co-operation efforts with our partners.

Bill C-55 speaks directly to that last point. The proposed amendments will streamline the process of creating new marine protected areas while guaranteeing their protection. These amendments are collaborative, in that they will require the participation of indigenous groups, provinces and territories, industry, and other stakeholders in the process of creating and managing MPAs.

For instance, pursuant to the minister's new authority to delegate enforcement powers, indigenous groups like the guardian watchmen or other environmental groups could be granted enforcement powers to monitor protected areas in their waters. The amendments can improve our marine protected areas, though not at the expense of our working relationships, of course.

In short, Bill C-55 proposes amendments to the Oceans Act to more clearly reflect my responsibility, as Minister of Fisheries, Oceans and the Canadian Coast Guard, to establish a national network of marine protected areas.

I would like to focus on a few major changes, if I may. Currently, it takes seven to ten years to officially designate an Oceans Act MPA. Through all those intervening years, the potential MPA gets no protection at all. The solution we propose in Bill C-55 is to provide interim protection for these vital, unique areas in Canada's oceans by means of a ministerial order. This will be done after the scientific assessments and the initial consultations, in just 24 months, while the rest of the federal regulatory process to designate the MPA unfolds over the following five years. It may still take up to seven years for an MPA to be fully established, but interim protection could be provided within the first two years.

Currently, an Oceans Act marine protected area can only be designated through Governor in Council regulations, which do not offer any protection to an area of interest until the final designation regulations are published.

The lengthiness of this current process is due in part to the time required to take scientific assessments and broad consultations. These are important steps that ensure an MPA achieves its intended objectives while supporting the local culture and obviously, the local economy.

However, we know there is often a clear understanding from the beginning of what needs to be protected. For example, we may know that a species reproduces only in a certain area of the ocean, or that glass sponge reefs are a priceless natural wonder that need to be protected, even if we may not yet know all of the specifics of how these species are affected by surrounding ecosystems, boat traffic, or fishing activities.

Establishing boundaries and conservation objectives through an interim protection MPA would mean a much shorter timeframe, ensuring that while scientific research and stakeholder engagement continues, the essential elements of these important ecosystems are, in fact, protected.

An interim protection MPA would protect an area by effectively freezing the footprint of ongoing activities until the final regulations are completed, as I said, within five years. Only ongoing activities, those activities that had taken place, for example, within the preceding year, would be allowed to continue. Allowed or prohibited activities would be determined by the class of the activity, not according, obviously, to the individual or company conducting those activities.

This bill would require application of the precautionary principle when deciding whether to designate new MPAs. The precautionary principle means that the absence of scientific certainty should not be used to postpone decisions where there is a risk of serious or irreversible harm. Under this legislation, incomplete information, or a lack of absolute certainty could no longer be used as a justification for avoiding the establishment of a marine protected area where there is a significant and immediate risk.

Bill C-55 also updates, modernizes and strengthens enforcement powers, fines and penalties.

Provisions relating to enforcement, fines, and penalties will support the people who manage and monitor marine protected areas.

Enforcement officers will get the tools and authority they need to manage marine protected areas.

Bill C-55 also proposes amendments to the Canada Petroleum Resources Act that would complement the freeze-the-footprint process of an interim marine protected area. These would provide the competent minister the authority to prohibit authorized oil and gas exploration or development activities, like, for example, seismic testing, drilling, or production, within a designated marine protected area.

Proposed amendments to the Canada Petroleum Resources Act recognize that where there interest of an oil and gas exploration and development overlap with a marine protected area, ambiguity and uncertainty in the effectiveness of the prohibitions could sometimes result. Natural Resources Canada and Indigenous and Northern Affairs Canada would continue to discuss with all of our partners how this principle could best be operationalized.

I would like to briefly describe what we have been doing to engage with our regulatory partners, indigenous groups, and other interested parties, familiarize them with proposed changes to the act, and address their concerns.

In recent months, we have met with provincial and territorial representatives, indigenous groups, and stakeholders in the fisheries, marine transportation, and oil and gas sectors, as well as environmental groups and a number of other Canadians.

On the whole, we have received broad support for the proposed changes. For the most part, Canadians are happy with what we are doing to protect our unique and precious marine ecosystems.

I would like to talk about something this bill does not set out to do.

The proposed changes are not meant to short-circuit the development of reliable scientific data or deprive Canadians of the opportunity to contribute to the creation of interim marine protected areas. Our government knows that the effective management of Canada’s oceans depends on an in-depth understanding of the marine environment acquired through peer-reviewed science, the traditional knowledge of indigenous peoples, as well as information from the fishing industry and local communities.

This kind of comprehensive study and mobilization takes time, something that certain vulnerable areas of the ocean might not have. That is why we are proposing the implementation of the precautionary principle, in conjunction with the option to use ministerial orders to ensure immediate interim protection. In light of the concerns of industry stakeholders, we will apply the precautionary principle judiciously.

Many people fear that we do not have sufficient scientific resources to carry out the work needed within the five-year timeframe following the ministerial order, or that the precautionary principle could serve as an excuse for not doing any research at all. That is false. Our commitment to science and data collection remains unwavering. We have heard people's concerns, and we agree that our fundamental principle of science-based decision making must not be compromised under any circumstances.

In conclusion, if Bill C-55 would speed up marine protection without sacrificing science, or the ability of Canadians to shape this important process, then I hope all members of the House would join our government in enacting this legislation. This is a powerful step forward that our government is making on one of the key commitments we made to Canadians by protecting 5% our marine and coastal areas this year, and by 10% in 2020.

I am happy to be participating in this important debate today. I look forward to working with colleagues on all sides of the House, and members of the standing committee should this legislation get to committee, to ensure we have all of the details of this important legislation right. We look forward to hearing from Canadians in the committee process of not just this House but also the other place.

If we work together on the shared objectives that Canadians care deeply about, such as protecting our marine resources for future generations, then Canadians can be proud of the work that this Parliament is doing, and we can improve not only the protection of valuable ecosystems but also the economic livelihood of coastal communities all across the country.

Oceans ActGovernment Orders

September 27th, 2017 / 3:55 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, at the tail end of the minister's speech he said that he looked forward to hearing feedback through the committee work of this House and indeed the other place. However, while the committee is working very hard, and I will admit that all colleagues on each side of the House are working very hard to get this right, the government continues to move forward with its very aggressive targets. Just this week we heard from one of the minsters from Nunavut, Johnny Mike, who said the current government has failed in its due diligence to consult with the minister and the constituents in Nunavut.

Has the minister addressed the concerns also raised by Premier McNeil in Nova Scotia, and by our territorial governments, with respect to the Liberal plan for the MPAs?

Oceans ActGovernment Orders

September 27th, 2017 / 3:55 p.m.
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Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Madam Speaker, we recognize and have said many times that the participation of provincial and territorial governments is critical in order to achieve these objectives. I have had numerous conversations with my provincial and territorial counterparts, as recently as late June at our federal-provincial meeting, which was held in Yukon.

I had a chance to talk to Premier McNeil, when we were together at the memorial service for the late Honourable Allan J. MacEachen, as recently as 10 days ago not only about the importance of these areas but about the importance of collaborating with his government.

The industry that talks to provincial and territorial governments, as well as our government, has understandable concerns. It is looking for details of our plan. It wants to understand the whole plan with respect to what areas on every coast of Canada are being considered.

We plan to share that in a very open and transparent way with all of our partners. As my hon. colleague noted, the provincial and territorial partners are key to its success. They have to be very blunt. They have been valuable and reliable partners for us in this exercise, and we very much hope that continues.

Oceans ActGovernment Orders

September 27th, 2017 / 3:55 p.m.
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NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

Madam Speaker, Canadians recognize the importance of protecting marine areas and the marine ecosystem, not just in Canada but around the world. In fact, it was 25 years ago that the world came together and identified in an agreement that each member nation should look to protect at least 5% to 20%, and identified a timeline for that. Canada is well behind that timeline. However, the current government has made a commitment to move us toward those protection targets of 5% and 20%, and the bill before us, I think, is a step in that direction.

My question is on minimum standards. We have not yet moved toward identifying minimum standards of protection with MPAs. I wonder if the hon. minister could comment on that.

Oceans ActGovernment Orders

September 27th, 2017 / 3:55 p.m.
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Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Madam Speaker, I thank the member for Port Moody—Coquitlam for his constructive efforts on so many shared priorities. Obviously, protecting Canada's ocean territory is one of them.

The member is absolutely right that successive governments going back a quarter of a century or more have formally made these commitments internationally, and I share my colleague's concern that we are not where we should be when we stand here in the House in 2017. However, as I outlined in my comments, by following what we think is an ambitious but aggressive plan, we will reach or exceed the targets that we set for ourselves at the end of this year and, most importantly, the one for 2020. I look forward to working with the member, people from his province, and many other Canadians in achieving these important objectives.

With respect to minimum standards, I very much share my hon. friend's concern about the importance of establishing minimum standards in MPAs. I have had discussions with environmental groups, industry, and provincial governments as to what these might look like. I think there is an opportunity to put in place a floor of basic protections that would apply to all of these areas. I look forward to working with him and others in the coming weeks to set up a process that would give Canada those exact minimum standards that so many people properly expect us to have.

Oceans ActGovernment Orders

September 27th, 2017 / 4 p.m.
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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, I thank the hon. Minister of Fisheries and Oceans for his presentation on Bill C-55. I also recognize the point by the member for Port Moody—Coquitlam that these targets have basically been in place for 25 years now.

There is a reason that the targets have not been met. It is because these marine systems are extremely complex, difficult to understand, and it takes a long time to consult with whoever may be affected. However, the bill would impose a five-year limit on whether an area would be permanently protected or not, and there is no wiggle room: either it is, or it is not after that five-year timeframe.

If there is a need for more consultation, more consideration, why not allow for that possibility in the bill?

Oceans ActGovernment Orders

September 27th, 2017 / 4 p.m.
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Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Madam Speaker, I share the concern of my hon. friend from North Okanagan—Shuswap with respect to the time frame and the amount of time it has taken successive governments of all political stripes to achieve these designations under the current Oceans Act. This is why we are asking Parliament to consider these amendments, which we believe would offer a more expeditious path to freezing the footprint and protecting what needs to be protected urgently, while at the same time allowing the final regulatory process to have the necessary consultation that my hon. friend so correctly points to.

I do recognize the certain contradiction. We say on the one hand that we are not where we want to be, and my friend and others have said that, but on the other hand we say that we need to ensure that we can consult. However, I think that five years of consultation with two years of preliminary consultation leading to one of these interim orders should be enough time, if there is good faith, enough resources, including scientific resources in the Government of Canada, in my department and at Environment and Climate Change, to achieve this result. Therefore, I am very hopeful that we have the balance right.

Oceans ActGovernment Orders

September 27th, 2017 / 4 p.m.
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Liberal

Rémi Massé Liberal Avignon—La Mitis—Matane—Matapédia, QC

Madam Speaker, I thank the Minister of Fisheries, Oceans and the Canadian Coast Guard, his team, and all departmental officials, who are doing remarkable work on research and on protecting the oceans.

This summer, I had the opportunity to welcome the minister in my riding, to announce a huge $27-million investment in the Maurice Lamontagne Institute, a world-renowned francophone ocean research institute. On top of this $27-million investment, the minister also announced that the government would be creating of a number of jobs in my riding, to increase the department's research capacity.

In his excellent speech, the minister spoke about the progress our government has made in the past 23 months. Given the importance of the matter, I would ask that he once again tell the House and all Canadians what progress our government has made on protecting our oceans in the past 23 months.

Oceans ActGovernment Orders

September 27th, 2017 / 4 p.m.
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Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Madam Speaker, I thank my hon. colleague from Avignon—La Mitis—Matane—Matapédia for his comments and for working tirelessly to support scientists at the Maurice Lamontagne Institute, which is world renowned and which does very important work for our government.

I also congratulate my colleague on his unwavering support for the fishery. My colleague understands, as does our government, how important it is to support the inshore fishery and to acknowledge that independent ship owners, for example, are vital to the economies of communities like the one he represents.

I look forward to working with him. We recently talked about some ports and other pieces of infrastructure. There is no need to mention Carleton-sur-Mer or others, since I hope to have good news and to visit his amazing riding with him to make the announcements and to continue our work.

Oceans ActGovernment Orders

September 27th, 2017 / 4:05 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, it is an honour to rise today to speak to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act. I want to start my speech today by saying that we all agree that there are things that we can do better. We want to keep our rivers, lakes, streams, and oceans pristine, not just for today but for the future.

Today I want to talk a bit more about the process. I will start with a quote because the minister spoke about the three or five-point plan that the government has with respect to its MPA process. One of those points was about the use of scientific data. We have had a number of witnesses at committee and time and again we heard similar stories.

I will start with this. Looking at some of the previous testimony, it was claimed that there was overwhelming scientific proof that MPAs are beneficial and wildly successful. I think that was a misrepresentation of the actual science. My colleague just cited some of the studies that found that MPAs are not broadly successful. Enforcing MPAs would be hugely expensive and unlikely to be an effective scientific tool. They are not easily replicated. When we put in an MPA, its effectiveness is subject to a great degree of what we call, “location and time”. One cannot just create a nice experiment where we have three of the same type of MPAs in one place and then three control areas in another place, because they are wide open to outside perturbations and environmental changes that are not within our control.

If we want to build on a process of trust and goodwill, we should not ignore what our stakeholders say and consult on only a minority of the protected areas being recommended. I offer that comment from Professor Sean Cox of Simon Fraser University. We have more.

One of the other points that our hon. colleague brought up was indigenous consultation and reconciliation. As the Hereditary Chiefs’ Council of Lax Kw’alaams, from our neck of the woods in British Columbia, states:

...we categorically reject interference of outside environmental NGOs (especially those foreign-based) who appear to be dictating government policy in our traditional territory.

My speech will not counter what our hon. colleague said and not step away from the importance of making sure that we are doing everything we can to protect our rivers, lakes, and streams. Rather, we will talk about the notion of consultation, which we like to discuss a lot in this chamber. As we have seen from the very beginning, it is just a word to the government. The action depends on who is there. The government likes to say that it is consulting.

Our hon. colleague stood in the House and said that it is important that the government is working collaboratively with the provinces and territories. However, is the government really listening, because we are still hearing from so many stakeholders that it is alienating them? Whether it is indigenous peoples or those whose livelihoods depend on these areas in remote coastal communities across Canada, the government is forgetting these people.

Whether it was on the electoral reform process, access to information reform, or the most recent proposal by the Liberal government to implement tax changes that will significantly harm the competitiveness of small business, we often hear it say that it wants to be the most open and transparent government in Canadian history. However, when it comes down to consultation, it is really just about ticking that off in a box to say that it did the consultation, that it met with those concerned. It did not really listen to them, but it ticked the box.

It has no real intention to make changes for the betterment of our communities or for the people who will be affected by the contents of its bills, like the one we are debating today. Our hon. colleague mentioned the spirit of working collaboratively with the provincial and territorial governments.

I believe he said, and it was a Liberal campaign promise, that they are going to work with all parties in the House to be more collaborative, yet we still get announcements through question period. Indeed, some of the Liberal MPs are finding out about government initiatives through the media.

Going back to the closure of our salmon enhancement program and the potential Coast Guard closures, some of the Liberal backbench MPs who are part of our committee found out through the media. Again, that is just not open and transparent.

Bill C-55 in its current state will have serious consequences for our tourism, shipping, and fishing industries. This is yet another nail in the coffin for our small communities and the businesses in our communities that rely on our waterways from coast to coast to coast.

Bill C-55 stems directly from the mandate letter to the Minister of Fisheries, Oceans and the Canadian Coast Guard, which instructs him to work with the Minister of Environment and Climate Change to increase the proportion of Canada's marine and coastal areas that are protected to 5% by 2017 and 10% by 2020.

Bill C-55 will allow for an interim designation of significant or sensitive areas, again defined by scientists through consultation with indigenous people, local communities, and others interested in the area. That is what they say.

Immediately when the Liberals start this, there is a five-year ban. Is it going to be a complete stop? Does it mean there will be no take at all? Is there any activity that will be restricted? These are things that have not been communicated to the communities and to the fishers and families that depend on this industry for their livelihoods.

Once this interim protection is in effect, the minister would have up to five years to recommend that a permanent MPA be put in place. From the previous Conservative government's work on marine protected areas and from the committee testimony, we know that the average time to declare a single protected area ranges from roughly five to seven years. That is not to be debated. We know that. That is what is required to get it right, to make sure that true consultation takes place.

We had a professor from California who talked about a series of MPAs that they had instituted off the coast of California. They talked about true consultation. I sat through this presentation by this gentleman, and I thought, “Now, there is a group that got this right.” They started early on. They communicated what their objectives were to their stakeholders right from the start, including the indigenous groups, industry, communities, environmental groups, and NGOs. They brought them all to the table and they set out what they wanted to do off the coastline of California.

They set out what the goal was and tasked the stakeholder groups to go and really talk to people, engage the communities, and find a way to holistically reach their goal. That was one of the testimonies that really stood out. We always talk about Conservative this or Liberal this, but this non-partisan person came in to speak about the science behind the MPAs and said that it has to be right, that we have to look at the total, holistic process of the MPA and look at the ecosystems. Fish do not know where the marine protected areas are. They do not know that there is an imaginary boundary. They move.

They looked at a series of marine protected areas off the coast of California and they had buy-in from everyone. It is probably the most successful marine protected area testimony that we have seen to this point.

We also know that the Liberal government is taking measures to speed up the MPA designation process, because it knows that it will not be able to meet its political targets and timelines outlined in the mandate letters. It has missed promises from the campaign. The minister said himself that this is one that the government can say it finished, but it is going to come at a cost to those economies, those local communities that desperately rely on fishing and trade for their local economies, and indeed at a cost to Canada's economy.

Liberals know that if they do not ram this through, it will add to their mounting pile of broken promises.

In addition to speeding up the designation process, the Liberal government is also proposing amendments to the Canada Petroleum Resources Act that would prohibit oil and gas activities in marine areas where interim protection is in effect. To move this forward, they would allow the Minister of Natural Resources and the Minister of Crown-Indigenous Relations and Northern Affairs the power to cancel companies' oil and gas interests.

We have talked about the process and we have talked about how these companies and stakeholders are not part of the process. We have asked a number of times that the minister sit in on the committee meetings and listen to the testimony, because the stakeholders are pleading, even stakeholders that one would think would be on the side of the government. Liberal members are saying that they are finding out stuff in the media and in QP announcements, and in their own communities in Atlantic Canada or on the Pacific coast they are hearing from their constituents.

In my riding, if there is an issue with small business or tourism, I hear about it and I bring their voices to Ottawa. There are 30-some Atlantic Canada MPs and outside of committee, they have not really been standing up. I think they are afraid to voice their opinions, but we are hearing it. We are hearing it in sidebar conversations.

We have already seen, in the last little while, further uncertainty in terms of business development. Whether it is the northern gateway or the Pacific NorthWest LNG, businesses are being spooked by the uncertainties, primarily by the Liberal government, because it does not know which way the wind is blowing or where the goalposts are anymore. Giving a minister the ability to say yes or no or “Wait a second; this might be a Liberal insider here, and we are going to say yes to this one”, is unacceptable. That is shameful.

Mr. Brian Clark, an environmental adviser and registered professional biologist in the Pacific northwest had this to say at committee:

...there is a lack of clear process for integrated coastal planning that leaves proponents to develop strategies in an information vacuum. Where are the no-go zones? What are the thresholds for impacts? ... ...we need specific plans for coastal areas of high industrial activity. The Pacific NorthWest project [was] located in a federal port within an industrial zone, yet there are no accepted activities to streamline environmental assessment processes. ... [In addition], there is a tremendous lack of scientific examination and resources to set baselines and determine thresholds on the north Pacific coast.

We all agree that some of the federal agencies need more funding, but Mr. Clark said, “...but don't overlook the knowledge database of proponents.”

Industry and communities are all doing their part. Industry has now become more keenly aware than ever that everybody has a cellphone. Whether it is the shipping industry, the cruise industry, or the fishing industry, everybody has a cellphone. We all want to make sure that we are doing our part, and industry is doing its part. Time and again we have heard at committee that it has offered up its findings, offered up the technology it is using, only to have that offer fall on deaf ears in the government. It is the “Thanks, we got it” type of thing. That is unacceptable.

The Liberal government has had numerous opportunities to work with energy proponents that want to ensure the health of our marine areas. With Bill C-55, we have another example of the government's heavy-handed, anti-development approach to our resource and marine industries.

I have to admit that when I took over the fisheries and oceans shadow portfolio last year, I remember thinking that the targets outlined in the Liberal mandate letters were ambitious. The previous Conservative government set the protection target at 10% by 2020. That was the previous Conservative government's target: 2020. We wanted to make sure that we got it right.

Do members know that Canada has one of the largest coastlines in the world, if not the largest coastline in the world? Disproportionately so, the north and the Pacific are going to face the brunt of these MPAs. We are hearing that over and over again.

The primary difference was that we were not intent on meeting these targets if it meant forsaking the needs of the local coastal communities across the country that depend on the ocean for their livelihoods.

Having recognized that the minister of fisheries and oceans might look to designate MPAs without proper consultation, my colleague from North Okanagan—Shuswap tabled a motion to study the issue further at committee. We began this study prior to the minister's tabling of Bill C-55, just days before the House adjourned for the summer. Unfortunately, it seems he has failed to take a look at the testimony that has come forward from this important study.

I remember the words in his speech when he said he was looking forward to hearing the testimony of Canadians, industry, and stakeholders. He acknowledged the hard work and great work the committees are doing in this House and in the other House. I can see folks in the gallery nodding their heads. They heard the same.

However, the government has continued to disregard the testimony we heard from stakeholders, from witnesses that one would think would be on the side of the government.

Over the past several months, we have had the opportunity to hear from a significant number of academics, industry professionals, commercial and recreational fishing groups, NGOs, and environmentalists. Many of them had one thing in common, and that was their inability to support the government's rushed timeline with regard to the MPA designation process. They all said one thing: “Get it right.”

One of the main issues we heard time and again was the deeply flawed nature of the consultation process. One witness, Mr. Leonard LeBlanc, the managing director of the Gulf of Nova Scotia Fleet Planning Board, had this to say:

The process DFO used to approach harvester associations and consult on the areas of interest for designation was unorganized and totally not transparent. They indicated that the process to establish MPAs is typically a lengthy process over many years, yet they seemed to be rushing the process along to meet strict deadlines....

Later he said:

Finally, this consultation process on the area of interest for MPA designation...perpetuated the lack of trust between industry and DFO. The lack of inclusion and answers during the consultation phase, the lack of real scientific evidence for reasoning behind the area of interest, and the lack of guarantees that traditional fisheries could continue all led to further distrust of DFO's consultation and decision-making process.

The testimony did not stop there. Jordan Nickerson, an independent fish harvester who was speaking on behalf of his family business, said this:

This current directive to protect the ocean leaves me with more questions than answers. As [a] harvester and processor, I would like to know how I, my business, my employees, and our shared future will be affected. What are our goals for MPAs...?

Canada should be a leader in listening to its people, taking the time to listen, spending money, and doing the proper science before coming to a huge decision such as establishing MPAs, supposedly based on science. Time and again we have heard that this is not being done. As a matter of fact, I have a quote from Christina Burridge of the BC Seafood Alliance, who says, “On the west coast, we're not seeing a lot of evidence-based decision-making. It's beginning to look like political decision-making.”

I am going to pare some of my comments down because I know my time is winding down.

Nunavut cabinet minister Johnny Mike used his member's statement just last week to speak specifically to the Liberal government's lack of consultation when it came to Bill C-55. He said:

[My residents] are well aware of the potential in our offshore areas which are used for economic opportunities today by interests from outside of Nunavut.

He continued:

This proposed bill for marine management and petroleum industry sector management which is being developed seemingly turns its legislative back on the people of Pangnirtung.

The federal government never consulted any northerners or my constituents on what concerns they may have about this proposed bill.

We are not against MPAs. We are against the fact that their consultation process, the process as a whole, is a sham.

Oceans ActGovernment Orders

September 27th, 2017 / 4:25 p.m.
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Beauséjour New Brunswick

Liberal

Dominic LeBlanc LiberalMinister of Fisheries

Madam Speaker, I want to compliment my colleague from Cariboo—Prince George on the difficult work he did in regard to to the forest fires in his province. I was on the other coast of Canada and watched the work that he was doing, as well as many other members of Parliament who were deeply affected by that very difficult circumstance. I just wanted to compliment him publicly.

I have heard from a lot of people, maybe some of the same people whom my colleague referred to, who appeared at the standing committee before the introduction of the bill. I have taken note of the testimony, and my parliamentary secretary and my colleagues on the committee have talked to me at length and in detail about the witnesses and the work the committee has done.

What is the view of my colleague from Cariboo—Prince George on the precautionary principle and the importance of ensuring that we have the available tools necessary in the case of a pressing need to act to protect a sensitive or threatened marine ecosystem in a provisional or interim way? Does the member not think that the application of the precautionary principle is something that many people in his province would support?

Oceans ActGovernment Orders

September 27th, 2017 / 4:25 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I thank my hon. colleague for his comments about the wildfire situation that we had in the province of British Columbia. I can say with complete sincerity that the utter devastation that my community and my riding, as well as others, are seeing will be felt not only in the immediate future but years down the road.

The minister brought up the term “precautionary principle”. At any given time, we always have to make sure that we are doing whatever we can to maintain our waters. I think I said that. I am not going to repeat myself. We are under the agreement. However, we always have to engage our stakeholders. We have to use scientific data with that. We also have to look at the social and economic sides of it.

However, to go back to the premise of my speech in regard to consultation, the process is flawed to this point. We have heard witness after witness. If my hon. colleague asks me that question, I would throw it back and just ask if he is willing to extend the period of consultation and perhaps not make these areas no-take zones as we move forward.

Oceans ActGovernment Orders

September 27th, 2017 / 4:25 p.m.
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NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

Madam Speaker, I want to ask my hon. colleague from Cariboo—Prince George about one specific thing he talked about in terms of the efficacy of MPAs. Do they work? I would add that around the world, governments, first nations, scientists, environmental organizations, and fishing organizations have come together to say that marine protected areas do in fact work and that they are one of the best ways to protect the marine ecosystems and to help restore fisheries and protect endangered marine species. In fact, the IUCN, the International Union for Conservation of Nature, spells out not only a clear definition of MPAs but also provides evidence-based examples from around the world of where protected areas have shown remarkable benefits in terms of protection from harmful activity.

Does the member not agree that MPAs must be one of the tools in our tool box to restore our damaged oceans?

Oceans ActGovernment Orders

September 27th, 2017 / 4:25 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, we have heard a lot of testimony over the course of our study, including unequivocal testimony that MPAs are not the only tool, and maybe not the only tool before us, as he suggests. Therefore, we need to have other tools in our tool box to preserve our oceans and rivers, lakes, and streams. However, right from the very beginning, we need to look at how the process is done.

I would also throw this back to our hon. colleague, that from the start the process must be done right if it is going to be effective. We have heard before that if MPAs are to be truly effective, the process has to include true engagement, that consultation has to be there, and that from the start it has to be done right.

Oceans ActGovernment Orders

September 27th, 2017 / 4:30 p.m.
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Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Madam Speaker, I am pleased to join the discussion with the member from the Standing Committee on Fisheries and Oceans and the hon. member for North Okanagan—Shuswap, who actually initiated a study that is under way right now. We looked at the criteria that should be reviewed when it comes time to put in place a marine protected area. Could the hon. member, for the benefit of the House, replay some of the things he has heard so far about those criteria, one of which has to be consultation, but also the other things that we need to consider to ensure that a marine protected area does what it is intended to do?