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.

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

Fin Donnelly NDP Port Moody—Coquitlam, BC

I'll look forward to the written submission. Thanks, Mr. Wareham.

My second question is to both Ms. Macdonald and Mr. Wareham. In terms of the sectoral versus holistic approach—I hear, Ms. Macdonald, your comments about holistic is not necessarily capturing integrated management processes or plans—IMPs—but do you see evidence...? I mean, you also talked about a lack of resources, a lack of political will and other things, and Mr. Wareham, you referenced a need for investment, which is similar to resources, and commitment, which is political in nature as well as to the process.

I'm more familiar.... I'll cite, for instance, wild salmon policy. I'm familiar with aquaculture where we're actually not achieving the integrated processes. Even under the wild salmon policy there was reference and evidence that the government is not achieving what its intended statements are. You've referenced the Oceans Act and this Bill C-55 is enabling and is not as specific, so it's....

Can you comment about how we can achieve or move toward IMPs or a holistic approach versus this sectoral...? How do we have that significant commitment and put those resources to it to succeed?

Fin Donnelly NDP Port Moody—Coquitlam, BC

Thank you, Mr. Chair, and thank you to both our witnesses for being here and providing your testimony on Bill C-55.

I think both of our witnesses have referenced Canada's international commitments. There's been some comment at this committee that this has been a rushed process, but Ms. Macdonald, you point out now, and rightly so, that Canada committed to our international agreement back in 1992, so Canada, essentially, has had 25 years to get to 5%, not a couple of years. We're looking at 28 years to get to 10%. Some would now argue that these targets are actually quite low, when you look at other countries around the world and what they've been achieving in terms of protecting their oceans.

I want to talk about two things, the consultation process and the idea of sectoral versus holistic. Starting with Mr. Wareham, on the consultation process, you've outlined what that process might look like. You talked about defined timelines, defined targets, and a defined planning process.

First of all, can you or have you written or provided those recommendations or your testimony in writing, or could you provide this committee with those recommendations or suggestions in writing?

Todd Doherty Conservative Cariboo—Prince George, BC

Okay. Thank you.

You know, it's interesting. Time and again we have witnesses coming before the committee saying that this is an important piece of legislation. There's no doubt about that. It's interesting to hear our colleague across the way ask if there's a concern that we won't get this right, yet it's this side of the committee that has been pushing for a longer period of time, one where we can actually get out to the communities and consult and meet with those who are feeling that they haven't been consulted.

I'll use this as an example. We had the Fisheries Council of Canada yesterday. We had Mr. Helin here from Lax Kw'alaams. Time and again they're saying about the consultations that really they're just being told what's going to happen, or they're not being engaged at all in the case of some of those from the Fisheries Council of Canada—not engaged in the oceans plan, in the Fisheries Act review, in the MPA process. Now with Bill C-55, we're hoping we can see some of those witnesses come forward.

In your testimony today, Mr. Wareham, you said that you've been engaged for a very long time on these processes. Is that correct?

Todd Doherty Conservative Cariboo—Prince George, BC

Thank you, Mr. Chair.

Thank you to our guests who are here. We really appreciate the time that you take, the effort that you put into not only being here today but also your efforts in your industry working with stakeholders and government to protect our oceans.

I'll ask both of you straightforward questions. Is Bill C-55 an important piece of legislation?

Nikki Macdonald Ph.D. Candidate, University of Victoria, As an Individual

Thank you, Mr. Chair, honourable members. I really appreciate being here today to speak about Bill C-55. Before I get into the substance of my remarks, I have just a quick, few personal notes. Some of you I've met in the past, through my work with the University of Victoria and with Ocean Networks Canada, but today I'm here as an individual and as a Ph.D. student at the University of Victoria's school of public administration. I have focused my research on ocean policy, and specifically on Canada's Oceans Act.

I really compliment the government on the initiative to amend the Oceans Act. As has been mentioned here in committee and in the House, it's been 20 years since the act was written and it's due time to ensure that we're meeting our international obligations, as well as the challenges of oceans management, and take another look at the act. I also applaud the government for seeking to meet the target of 5%, in 2017, of designated marine areas, as well as 10% in 2020. Designated marine parks or marine areas are important ocean management tools, but my objective here is actually to talk about the other 90% of the water. That's where I have focused my research.

Canada's Oceans Act was created as a foundation to ensure the wise development of Canada's oceans' waters. When I began my research three years ago, I was addressing the question of how we go about, as a country, making decisions about ocean use. I began my research by looking at that through the public consultation process that was under way for the northern gateway project. I'm a west-coaster, so that's part of the reason behind that. I was puzzled as to why there did not appear to be a framework through which the government was making decisions around ocean use. That puzzlement led to research, which led me back to Canada's Oceans Act.

I've also been investigating the public narrative that was exposed through that public consultation process that the joint review undertook as part of the northern gateway project. The intent of my research is to compare that public narrative around ocean use with the normative frame that is underpinning the Oceans Act.

There are three key observations that I want to share with you today. The first is that the Oceans Act contains, in its preamble, a set of principles that are intended to guide Canada in managing its ocean resources, and these principles remain relevant to today's challenges.

The second observation is that the act was a promise of a solid foundation upon which Canada would build its ocean management strategy, as the minister of the day described it, to address the “piecemeal, fragmented and scattered” character of Canada's ocean policy prior to 1996. From the evaluations conducted by this committee in 2000, by the Auditor General's office in 2005, and further government evaluation in 2006, the act has largely failed to meet this objective.

The third observation arising out of my review of the public consultation around the northern gateway project is that the public expectation around decision-making on ocean use has changed in 20 years. While the expectations are mostly in alignment with the founding principles of the act, there is a broader definition of what is “ocean”. It is no longer simply, to quote, the “gravel pit for fish”, as described in the Senate hearings in 1996, nor the transportation route for shipping. Instead there is a clear public awareness of the interconnectedness of the ocean within its own systems to the relationship with climate and human activity.

When Canada's Oceans Act was first passed 20 years ago, it was the first of its kind to put in statutory form the key principles of ocean management that had been developing through international law and agreement. During the same period, Australia had proposed an ocean policy that included many of the same elements as Canada's Oceans Act, but it was not given legislative form.

A key aspect, as I mentioned, of the act was the preamble that sets out the core principles to guide Canada's ocean management strategy. The two founding principles were sustainable development and integrated management.

The definition of “sustainable development” was drawn from the Brundtland commission that had in its 1992 report brought the concept to international stage. The concept of integrated management, according to the testimony provided to this committee at that time, was intended to be implemented at a federal level through better co-ordination and collaboration under the leadership of the Minister of Fisheries and Oceans, and at a regional level through the creation of integrated regional plans. Other principles that were added to the preamble following the committee hearings included the recognition of the common heritage of the oceans, the importance of the ecosystem-based approach to maintain biological diversity, and the application of the precautionary principle.

These principles remain the guides of the ocean policy according to the broader literature. There's little evidence to suggest they cannot continue to guide Canada's decision-making around ocean use. They have, however, been evolving. One example of the evolution in the concept of sustainable development is that Canada's Federal Sustainable Development Act was amended recently by the Minister of Environment and Climate Change. It's important, in the interpretation of the Oceans Act, that it mirror the definition of principles outlined in the Federal Sustainable Development Act.

The real challenge with the principles, however, has been with the implementation. As noted, the act and the subsequent oceans strategy and oceans plan called for the creation of integrated regional marine plans that would incorporate aspects of coastal zone management. Five plans were initiated, and it took almost 20 years for them to be completed. It is worthwhile to note that Australia initiated a similar process, and after a decade, they vacated it.

Similarly, within the federal government there has been little success in moving away from sectoral-based decision-making towards a holistic and integrated approach. Explanations that have been given as to why that was not achieved include the lack of resources to enable implementation, the lack of political will to champion an integrated approach, and that the act lacked the prescriptive detail to direct the bureaucracy in its implementation. The good news is that today, the current government, through its mandate letters and the oceans protection plan, has demonstrated a commitment to a collaborative approach to oceans management.

The question for the committee is whether there's any need to amend or improve upon the act to ensure that future governments continue to promote this approach.

As I noted earlier, the public expectation around ocean use has been evolving over the past 20 years. As one official from Transport Canada noted to me several years ago, marine safety used to mean getting a vessel from point A to point B without collision or accident. Today marine safety includes evaluating the impact of freighter traffic on marine mammals in their habitat through such programs as the eco-project under way in Port Metro Vancouver.

It is a combination of science and technology that has fuelled this change in public expectation. Science, defined here to include natural and social science as well as the humanities, has exposed the important linkage between the ocean, climate change, and the impact of human behaviour. Technologies such as improved hydrophones allow us to pick up not only the different dialects among the orca, but also the distress that they exhibit around marine traffic.

Infrastructure such as Ocean Networks Canada and the Ocean Tracking Network are opening up the ocean in ways we were not able to see 20 years ago. The consequence in policy terms is that we can no longer make decisions about ocean use on a sectoral basis. We need to explore new mechanisms to support more holistic approaches to decision-making at a federal level, a regional level, and a local level.

Therefore, my question to the committee is whether the act should be amended to include a commitment to capacity building to meet this need—a suggestion made by the Brundtland commission 20 years ago.

I would like to thank the committee for providing me with this opportunity to share my observations regarding the Oceans Act and the impact on decision-making around ocean use, and I look forward to your questions and comments.

Mel Arnold Conservative North Okanagan—Shuswap, BC

Thank you, Mr. Chair.

I'd like to thank our witnesses for being here this morning.

I believe this Bill C-55 is important to Canada's future, and I think it's important that we get it right.

We've heard time and again that MPAs typically take five to seven years to implement and be put in place. Targets were set. They may have been admirable targets, but maybe they weren't quite achievable at the time.

However, we seem to have some hard timelines put in place now: the 2017 target of 5% and now the 2020 target of another 5% on top of that. We only have basically two years left. I'm not sure whether the targets end at 2020, so maybe that's three years for what is normally a five- to seven-year process.

I guess I would ask this next question to each one of you. Do you feel that this process may end up being too rushed, passing Bill C-55 and trying to meet these targets?

Pat Finnigan Liberal Miramichi—Grand Lake, NB

Thank you, Mr. Chair, and thank you to the panel for being here with us today as we study Bill C-55.

To maybe follow up, Mr. Crowley, on a question that was asked earlier, could you elaborate on the funding that you receive? Are you getting special funding, or are you simply getting funding from different programs? Could you elaborate what funding you're getting from the federal government?

Fin Donnelly NDP Port Moody—Coquitlam, BC

Yes. I think this is probably what the government is struggling with, and what I know the committee struggles with. How do you strike that balance? How do you look at protecting Canada's oceans? At the same time, how do you enable or allow economic activity to happen for coastal communities, for other communities in Canada?

It's obvious to me that if you look over the past 150 years anyway, and you see how we've been doing, I think there's a reason we need to protect our oceans because we haven't been doing a good job of that in the past. We're now looking for different ways to do that.

I guess more specifically, and the consultation is important, but in the aims of the government in Bill C-55 we still need to set a limit of how much time we consult or else we won't make decisions and continue.

You've identified a number of things, like bottom trawling, oil and gas and mineral exploration and development, open-net pen aquaculture, tidal power development, and wind farms. Does WWF Canada have expertise or can you cite evidence, documents, or studies that back up how these are harmful activities to the ocean and the ocean marine ecosystem?

Fin Donnelly NDP Port Moody—Coquitlam, BC

Putting the consultation in context, Mr. Crowley, you talked about minimum standards. You've submitted recommendations here, and I'm wondering. You mentioned in your testimony a lack of minimum standards in Bill C-55, which you feel is a serious shortfall. I think this is tricky because you're saying you support Bill C-55, you support the intention to speed up the process, but at the same time there is an issue of minimum standards, which obviously requires consultation when you're talking about impacting the types of things you've identified.

Could you talk a little more about how you strike that balance of enough consultation, yet saying these are harmful activities we want to exclude in a marine protected area?

Fin Donnelly NDP Port Moody—Coquitlam, BC

We haven't travelled to any coasts, any coastal communities, and we're dedicating five committee meetings to Bill C-55?

Fin Donnelly NDP Port Moody—Coquitlam, BC

How many committee meetings have we dedicated to Bill C-55?

Fin Donnelly NDP Port Moody—Coquitlam, BC

Thank you, Mr. Chair.

Thank you to our witnesses for being here and providing your testimony on Bill C-55.

I wanted to start off with Mr. Hardie's comments about consulting coastal communities and, first of all, ask our clerk if we have travelled to any of our coasts to consult on Bill C-55.

November 21st, 2017 / 9:05 a.m.


See context

Vice-President, Arctic Program, World Wildlife Fund-Canada

Paul Crowley

We have engaged with communities on a number of issues, including MPAs, and on Bill C-55 as well. I have had some discussions with Inuit organizations about these issues.

The Chair Liberal Scott Simms

Thank you, Mayor Helin.

We're now going to our questions, but before we do, there are just a couple of things to point out.

Over the next little while, colleagues, and this is just a suggestion on my part.... If you recall, a few meetings ago, we passed a motion to incorporate testimony from MPAs into this study of Bill C-55, where we spoke to bands such as those on the west coast. It occurred to Thai, our analyst, that it would be helpful if we could convert or take some of the testimony here and put it into our MPA study as well, so the flip of that.

Have a think about that, because we need a motion to do that, and we can't do it in public, of course, unless we have 48 hours' notice. Would anybody like to bring forward a motion to have evidence from this testimony regarding Bill C-55 included with our MPA study down the road in the next few months? It was his idea, not mine.

Okay, folks, now we go to our questions.

Mr. Hardie, you have seven minutes, please.

The Chair Liberal Scott Simms

Thank you, Mr. Crowley.

Mayor Helin, before we get to you, we did meet with your band when we were in Prince Rupert. I don't think you were there at the time, but it's good to welcome you back officially once again. That was about marine protected areas. Similarly, we're on Bill C-55. It's good to have you back, sir.

You're up for 10 minutes or less, please.