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 / 4:30 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I thank the hon. member for Fleetwood—Port Kells for his work on the committee. At times he challenges the government and all of us to do better and continue to do the good work that our committee is doing.

Some of the criteria we heard included the need for true consultation with our indigenous peoples 100%. Another criterion is the use of scientific data, but we have also heard that scientific data is not 100% accurate. Again, fish move. The boundaries are there. There has to be a holistic approach. There are also criteria looking at what our goals and objectives are for the MPAs in their entirety. How do we do that?

Again, going back to the science, going back to what we have learned from previous MPAs, the only MPA that has been brought forward as a successful to this date is the one off the coast of California, and it took more than seven years to get right. It included true consultation and engagement right from the start with all stakeholders.

Oceans ActGovernment Orders

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

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, when it comes to the term “protection”, it always implies it is black and white. It is either a protected area or it is a totally exploited area. However, the devil is always in the details. If the goal of a marine protected area is to protect the ocean bottom and the vertebrates that happen to live there, perhaps ocean going traffic would be allowed on the surface. Perhaps a certain kind of pelagic fishery would be allowed, and those kinds of things.

In the case of a locally productive angling area cherished by the local community, if that were completely sewn up so that no recreational angling could take place, it would cause great economic harm to the region, as happened in California because of the lack of consultation in the California establishment on the marine protected area. I had the honour of sitting on the fisheries committee while this topic was being debated.

It goes back to my hon. colleague's comments about consultation, because it is the local people who know the complexity of the area. Has there been enough consultations with local people, and how valuable is that consultation with local communities?

Oceans ActGovernment Orders

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

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, that is a great question by my hon. colleague who has served for seven years on the fisheries committee and did yeoman service for us, and did Canadians, fishers, and our committee a great service from coast to coast to coast.

I will say categorically 100%, no, that local knowledge is not being taken up, again going back to the industry, whether it was in regard to the Atlantic salmon, northern cod, or indeed Bill C-55. Local knowledge is being offered but not being taken up. It is being pushed aside for whatever reason. In the quote I read earlier from the Lax Kw'alaam hereditary chiefs, they believe that foreign interests are being looked at before local interests.

Oceans ActGovernment Orders

September 27th, 2017 / 4:35 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Saanich—Gulf Islands, Education; the hon. member for Calgary Nose Hill, Ethics; the hon. member for Essex, Steel Industry.

Oceans ActGovernment Orders

September 27th, 2017 / 4:35 p.m.
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NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

Madam Speaker, I rise today to speak in favour of Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act, and to offer a few suggestions on how the bill could be improved.

Let me say at the outset that I share the government's commitment to the international community and to the protection of 5% of Canada's marine areas by 2017 and 10% by 2020, with the aim of protecting our oceans by halting the destruction of marine ecosystems. However, since signing the 1992 Convention on Biological Diversity, consecutive Liberal and Conservative governments have failed to take meaningful action to make good on this international commitment.

In the protection of marine areas, until very recently Canada lagged behind China at 1.6%, and is still behind Japan at 5.6%. Australia and the United States are much further ahead, with 33.2% and 30.4% of their oceans protected respectively.

This legislation would provide some much-needed new legal tools to speed up the creation of marine protected areas, but it falls far short of Canada's international commitments to protect our marine biodiversity.

While it has been encouraging to watch repeated announcements this past year of new marine protected areas, Canada is playing catch-up. The best parts of the bill will help us get there. The problem is that in the rush to meet our international commitments, the government has prioritized quantity over quality in the areas protected. That is a big mistake.

Most Canadian MPAs are not meeting international conservation standards and this legislation will do nothing to address that deficiency. It fails to set minimum protection standards and targets for zoning of marine protected areas, which renders the designation inconsistent at best and meaningless at worst.

It goes without saying that ecological integrity should be the foremost priority of MPA management. However, due to a lack of minimum protection standards, at this point Canada's MPAs offer an insufficient level of protection of sensitive ecosystems.

In its report, “Linking Science and Law Minimum Protection Standards for Canada's Marine Protected Areas”, West Coast Environmental Law states that ecological integrity should be a top priority for MPAs. The report states:

Decisions on activities permitted within marine protected areas should be required to prioritize maintenance of the protected ecosystems' processes, and functions.

The Canada National Parks Act (CNPA) and associated regulations require the prioritization of “the maintenance or restoration of ecological integrity” to guide decisions on allowable activities.

The national parks policy elaborates this in principle, stating that “national park ecosystems will be given the highest degree of protection to ensure the perpetuation of natural environments essentially unaltered by human activity” and that “human activities within a national park that threaten the integrity of park ecosystems will not be permitted.”

The CNPA also gives the Minister the power to designate Wilderness Areas in “any area of a park that exists in a natural state or that is capable of returning to a natural state”, and when that designation is made, the Minister may not authorize any activity to be carried out in a wilderness area that is likely to impair the wilderness character of the area.

Including requirements to maintain ecological integrity of protected marine ecosystems within Canada's Oceans Act would ensure adherence to protection standards and thus link science to legal practice.

A concern that we are hearing more and more about is ocean plastics and marine debris. We firmly believe that the government needs to implement a strategy and to fund programs that will preserve the ecological integrity of our MPAs from this growing hazard.

Some current and proposed MPAs allow harmful activities like oil and gas exploration and extraction, mining exploration, industrial fishing, including bottom trawling. Banning these activities from protected areas should be the obvious choice.

When we compare MPAs to the protections offered to terrestrial parks it becomes even more striking. In the words of World Wildlife Fund President David Miller:

Oil and gas extraction is not compatible with conservation and should never be permitted inside a protected area. National parks on land have long had this in place as a minimum standard. It seems outrageous that a marine area could be designated as protected and yet an oil and gas platform could still be placed there, but that's exactly what going to be allowed in the Laurentian Channel unless the government of Canada changes course. The channel is a critical migration route for some of our most endangered whales, and oil and gas exploration and extraction threatens them with noise pollution, habitat disturbance and physical injury from seismic blasting.

This situation is an appalling double standard. We would not allow oil and gas exploration in a national park on land, so why would we allow it in a protected area in our oceans? The answer to this problem is clear. A strong set of protection standards, in line with the International Union of the Conservation of Nature, and legislated protection targets should be adopted by the government in order to meet our international commitments.

This is exactly what 59 scientists from across the world requested in an open letter to the fisheries and oceans minister and the environment and climate change minister. The letter stressed that scientific studies have shown repeatedly that stricter protection provides greater biodiversity benefits. They argue, at minimum, we should ban the most damaging activities to marine biodiversity, such as oil and gas activity, undersea mining, ocean waste dumping, and industrial scale fishing. Marine protected areas are home to countless at-risk species, and by definition, those ecosystems are in great need of protection.

This is important. We cannot allow a lack of legal rigour and haste to prevent us from accomplishing the goal we have agreed to. The government has made much of its commitment to science-based public policy, but with Bill C-55, it has again chosen to ignore the best available conservation science. The Liberal government should listen to the scientists within the scientific community, and not let the bill be another broken promise to Canadians.

Unfortunately, the government's environmental record is a string of broken promises and unfulfilled campaign commitments. It begins with the stunning approval of the Kinder Morgan pipeline, with the promised review of public consultation and environmental assessment. The people of British Columbia did not vote for a seven-fold increase in the number of oil tankers in Vancouver harbour, and they certainly did not vote for the accompanying risk of an oil spill that would devastate our coast.

It continues with no action on their promise to restore essential environmental protection legislation. On the campaign trail, Liberals promised to restore the Fisheries Act, the Canadian Environmental Assessment Act, and the Navigation Protection Act. While we wait, they have approved the construction of the now defunct Pacific NorthWest LNG terminal on critical salmon spawning grounds, and cleared the way for development of the Site C dam under the weakened legislation.

The Liberal record of saying one thing and doing another is why we should all be concerned that the bill gives the minister far too much latitude to decide what activities are permissible in an MPA.

Ministerial discretion has become a red flag for Canadians. Too often, the government has promised one thing in regard to environmental protection and climate change, while using ministerial discretion to accomplish the exact opposite. Recently, the Minister of Fisheries and Oceans made an exemption to the Fisheries Act to allow one of the potentially most destructive projects on the planet to move forward, the KSM mine in British Columbia.

KSM will be the largest open pit mine in North America. Building this mine will require destruction of upper tributaries of the North Treaty and South Teigen Creeks, which flow into the salmon-bearing Nass and Bell-Irving rivers, for tailings storage. Alarmingly, KSM will store more than 27 times the amount of tailings stored at the Mount Polley Mine, using the same technology that failed three years ago.

We need clear legislation with strong guidelines to constrain ministerial discretion. These powers should be used to forward the ecological integrity of a marine protected area rather than permitting harmful activities. Recent research shows MPAs that permit harmful activities are less effective at achieving biodiversity than those with large no-take zones where extractive activity is banned.

Dr. Susanna Fuller, from the Ecology Action Centre, believes that MPAs core no-take zones should encompass 75% of a given MPA. Canada is nowhere close to reaching that high bar. Right now, the minister has the discretion to determine what activities are allowed in an MPA, and how restrictive each zone in an MPA can be.

So far, Canada's fisheries minister has implemented a no-take zone in only five MPAs to date, and those areas are tiny in comparison to the overall MPA. Canada should follow international examples, and make no-take zones the rule rather than the exception in MPAs.

I would like to speak for a moment about opportunities for co-governance of MPAs between indigenous nations and the crown in Canada.

West Coast Environmental Law has published a paper entitled “An Ocean of Opportunity: Co-governance in Marine Protected Areas in Canada”. It states:

Indigenous peoples have been governing marine territories using their own legal traditions since time immemorial. For the most part, indigenous legal orders have not been recognized or upheld in the governance of marine protected areas (MPAs) in Canada. The current Government of Canada has committed to “a renewed, nation-to-nation relationship with indigenous peoples, based on recognition of rights, respect, co-operation, and partnership.” Co-governance arrangements in MPAs are one way of achieving a true nation-to-nation or Inuit-to-Crown relationship by creating space for the healthy interaction of Canadian and indigenous laws. With the Government of Canada’s renewed commitment to protect at least 10% of Canada’s oceans by 2020, there is a unique opportunity to implement co-governance arrangements in both new and established MPAs.

The report states that Canada has an opportunity to become a world leader in recognizing and implementing meaningful co-governance in MPA law, and I agree.

In closing, Canada's New Democrats understand there is no one-size-fits-all solution to marine protected areas, and we recognize that different MPAs are going to require different types of protections. Canada is large and geographically diverse. Local context must be taken into account. While uniform standards may not make sense for all coasts, minimum protection standards absolutely do, and that is what is missing from the bill.

The government needs to listen to scientists, first nations, working fishers, the provinces and territories, and concerned Canadians, so that we make the necessary improvements to Bill C-55.

Oceans ActGovernment Orders

September 27th, 2017 / 4:50 p.m.
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Beauséjour New Brunswick

Liberal

Dominic LeBlanc LiberalMinister of Fisheries

Madam Speaker, I thank my colleague for the many shared objectives that certainly I, and I think the government, have with the positions he enunciated. He mentioned the Laurentian Channel MPA, and referred to comments made by the WWF chair David Miller. I have also taken note of those comments.

Of the thousands of submissions we received from Canadians after the first publication of the draft regulations with respect to the Laurentian Channel, the vast majority of them understandably expressed significant concerns around this question of oil and gas. I would ask my friend to be patient. When the second and final version is made public, I hope that many of those concerns can properly be answered. I said that at the time, and I certainly want to reiterate it now in light of his comments and the comments our government has received.

My question for our hon. colleague might be on this notion of minimum standards. As I said, in response to a question he asked after my remarks a few moments ago, I certainly share the concern people have about not establishing the right mix of minimum standards that would apply to all MPAs.

Does he have specific suggestions as to how we could quickly establish those minimum standards? One suggestion that was made was the idea of an expert scientific panel in partnership with others, not to delay but to quickly define what those might be. I would welcome his specific suggestions, and I would be anxious to work with him and others on getting those minimum standards right.

Oceans ActGovernment Orders

September 27th, 2017 / 4:50 p.m.
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NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

Madam Speaker, I appreciate the comments from my colleague, the minister. He has emphasized that we, Canadians, and the community should be patient when citing the Laurentian Channel. However, I will take that back. We will be patient. We have gone from 25 years of only achieving essentially just over 1% protection of our oceans to now wanting to, in less than two years, achieve up to 5% and 10% by 2020.

Therefore, we essentially are making a huge change in a short order so, yes, with due respect, Canadians can be patient. However, they want to see action. They have been waiting for two-and-a-half decades. They want to see action now, not just with respect to the St. Lawrence but all coasts. Therefore, I encourage the minister to take those comments seriously, which I know he does, and to push his department to act quickly.

In terms of specifics with minimum protection standards, the scientific panel is one potential suggestion. That, I believe, can be quickly constructed and brought together.

We also need to remember our local organizations, whether it is the provinces and territories or first nations on the coast. They need to be included in the consultations to define exactly what those minimum standards should be within those marine protected areas.

If we look to organizations like West Coast Environmental Law, it has already produced tables on how to move quickly to establish not only definitions of what should be protected in an MPA but how to move to protect fisheries—

Oceans ActGovernment Orders

September 27th, 2017 / 4:50 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Maybe the member can finish his thought with the next question.

Questions and comments, the hon. member for North Okanagan—Shuswap.

Oceans ActGovernment Orders

September 27th, 2017 / 4:50 p.m.
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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, the member for Port Moody—Coquitlam is a passionate member on the fisheries committee with a number of us here in the House. He always speaks about the science that is needed and basing decisions on science. I know that his party is very much focused on that part of it. Therefore, I would like to ask him to provide his thoughts on proposed section 35.2 of this bill, which states:

The Governor in Council and the Minister shall not use lack of scientific certainty regarding the risks posed by any activity that may be carried out in certain areas...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).

What are the member's thoughts on being able to go ahead with a lack of science, when he is always quite strong on speaking about the need to follow science?

Oceans ActGovernment Orders

September 27th, 2017 / 4:55 p.m.
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NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

Madam Speaker, just to finish, one other organization I referenced in my earlier remarks was the IUCN. It has clearly done scientific studies and has a wealth of knowledge the minister could rely on.

I would like to thank my colleague from North Okanagan—Shuswap, a member of the fisheries and oceans standing committee. He has often asked excellent questions and has offered very good suggestions to the government and the committee on moving forward. He points out the exact concern I raised in my speech. I share that concern about ministerial discretion when there is a lack of a scientific basis. Ministers, especially fisheries ministers in the past, have gotten into problems when they have made decisions without the basis of science behind them. That is absolutely why I feel that the government should move forward with caution in giving this kind of ministerial power.

I share the member's comments, and I caution the government on moving forward without addressing minimum standards with a scientific basis behind them. That is what is necessary.

Oceans ActGovernment Orders

September 27th, 2017 / 4:55 p.m.
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Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Madam Speaker, I have two quick questions. First, the fisheries and oceans committee heard from jurisdictions that have, on the surface, been very successful in setting up marine protected areas, but then the other shoe drops. I wonder if the hon. member would comment on the experience in other areas when it is not done well.

Second, with respect to his last comment on the lack of scientific evidence, I am wondering if he would consider whether it is the precautionary principle that should really rule how we go forward.

Oceans ActGovernment Orders

September 27th, 2017 / 4:55 p.m.
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NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

Madam Speaker, the member for Fleetwood—Port Kells is also a member of the fisheries and oceans standing committee, and I have often appreciated his comments and questions to his own government and to the committee.

He asked a number of important questions about MPAs that have not done the proper consultation or due diligence in terms of the science to find out the specific areas or the right species to protect. That is incredibly important and can have consequences down the road. If that process is not in place, and the local community or the local area is not on-board, then absolutely, MPAs could unravel.

The precautionary principle is a fundamental principle going forward. That is the science-based kind of legislation we need to recognize. That is the caution about going to ministerial discretion. That is the concern. That would undermine adopting the precautionary approach in setting minimal standards for protection.

Oceans ActGovernment Orders

September 27th, 2017 / 4:55 p.m.
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Independent

Hunter Tootoo Independent Nunavut, NU

Madam Speaker, I have a question for the member for Port Moody—Coquitlam.

I wholeheartedly agree with his comments that one size does not fit all. I come from a jurisdiction that has suffered, since it was created, from the fact that it is unique and does not fit the normal mould. I would ask him for clarification. He does not believe in one size fits all, but there should be minimum standards for everything. Much like Nunavut is unique, marine protected areas are unique, and what fits in one place may not fit in another. I am wondering if he thinks minimum standards for everything could possibly work.

Oceans ActGovernment Orders

September 27th, 2017 / 5 p.m.
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NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

Madam Speaker, that is a good question. It gets at the heart of how to apply marine protected areas in such a vast country like Canada, with the unique north and the unique Pacific and Atlantic communities. It will come down to what we are trying to protect and what the aim of the protection is. Within the scientific community, that has been identified. That is clear. We know what we are losing and we know what we need to protect.

Whether it is certain corals, sponges, reefs, fisheries, or whales, we need to identify what it is we are trying to protect and use that marine protection area as a tool to move us in the direction of flourishing oceans and rebounding marine life. We need all ideas and suggestions on how to move forward so that we again have a flourishing ocean. We do not have that, and that is why we need MPAs.

Oceans ActGovernment Orders

September 27th, 2017 / 5 p.m.
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West Vancouver—Sunshine Coast—Sea to Sky Country B.C.

Liberal

Pam Goldsmith-Jones LiberalParliamentary Secretary to the Minister of International Trade

Madam Speaker, Canada has the longest coastline of any country in the world. For Canadians who live on the coast, there is a powerful pull and connection to the natural world. It is our identity, it is our livelihood, it is our life. Canadians are passionate about the health of the ocean. We watch and care about everything that happens on our shores, in coastal waters, and in offshore areas. Canadians have been calling for greater protections and the capacity to monitor and enforce those protections.

Bill C-55 is our government's legislation to protect marine ecosystems and to support the health of our oceans, in concert with forthcoming legislation under the Navigation Protection Act, the Fisheries Act, and the environmental assessment review.

Marine protected areas are a way to protect the ocean. These special areas seek to balance conservation and protection with sustainable use of our marine resources. They are living networks, where marine species are born, grow, reproduce, and thrive. It is by protecting these systems that we can protect the oceans and the maritime resources on which many Canadians depend.

Bill C-55 would enable the government to establish marine protected areas expeditiously, protecting critical and unique areas of our Canadian oceans as soon as within the next 24 months. These amendments would ensure that, when needed, an interim-protection marine protected area could be put in place so that new activities that could risk further harm to ocean ecosystems, habitat, or marine life would not be allowed to occur in these protected zones. The interim protection offered by the new provisions in the Oceans Act would be an important part of ensuring that Canadians who depend on fishing, whether for shellfish, finfish, or other marine organisms, could count on their livelihoods being protected over the long term. By establishing protection for critical marine habitats, we would protect the marine resources we rely upon.

A significant aspect of Bill C-55 is to strengthen the law and to lay penalties. We would ensure that enforcement officers would have the power to maintain the protected status of these marine protected areas. Under these proposed changes, the minister would have the authority to designate individuals as enforcement officers. For example, indigenous people currently working as guardian watchmen on the North Pacific coast or as members of provincial or local law enforcement could be designated the authority to enforce the Oceans Act within their waters. This provision would allow for greater collaboration with indigenous organizations and would distribute enforcement responsibilities to our partners. On the ground, this would make a significant difference to citizens, who have been begging for this kind of proper attention and collaboration.

The amendments would enable enforcement officers to make far better use of technology during an investigation. For example, an enforcement officer could require anyone being investigated to produce documents or electronic data, could examine the documents electronically, and could require that access to these devices be granted. It is hard to believe that we are talking about this in 2017, so it is important that we get with the times. These new contemporary powers are similar to those found in the Fisheries Act.

Not only would the powers of enforcement officers be strengthened but the amendments and additions proposed in Bill C-55 would be aligned with the powers of environmental protection officers under other statutes. Similar powers are found in the Canadian Environmental Protection Act. The proposed changes would better match those proposed under other natural resources laws. For example, the obligation to provide assistance to enforcement officers would be added to the Oceans Act. Under this new power, those involved would be required to provide reasonable assistance to enforcement officers during an inspection. The officer would also be able to examine, take samples of, and seize all objects that she or he had reasonable grounds to believe were obtained through the commission of an offence under the act.

Also, rights of passage would be added to the Oceans Act. When an enforcement officer needed to go through private property to inspect an area that could not otherwise be accessed, the officer would now have the right to walk through private property to gain access to the area of the ocean being inspected, such as a pier, a fishing vessel, or fishing apparatus. Ships that needed to be inspected could now be lawfully directed to or detained in any place in Canadian waters. Officers would have the authority to require this if they had reasonable grounds to believe that the ship or a person on board that ship had committed an offence related to the Oceans Act. Similar powers can be found in the Canadian Environmental Protection Act,1999, and the Antarctic Environmental Protection Act.

A new provision would also be added to the Oceans Act such that the legal owner of objects seized, locked up, abandoned, or confiscated, and persons entitled to possession of them, would be jointly and severally liable for the costs incurred by the government for their inspection, seizure, forfeiture, or disposition.

An offence under the Oceans Act could now also result in charges under other applicable Canadian legislation, such as the Fisheries Act or the Species at Risk Act. For example, fisheries closures could also be imposed in marine protected areas. A violation of such closures could expose a fisher to charges laid under the Fisheries Act, as well as charges for not respecting a prohibition in marine protected areas.

I will move on to the fines and punishments proposed under Bill C-55 to create greater certainty and administrative consistency. Under the current 20-year-old Oceans Act, contravention of the existing prohibitions can carry fines of up to $100,000 for an offence punishable on summary conviction, or $500,000 for an indictable offence. Penalties or punishments can vary, depending on the offence, and can include the imposition of monetary fines, licence suspension, prohibition orders, and creative sentencing, such as community service.

Bill C-55 seeks to align fines with those of other acts. The amount of the fine imposed on an individual would increase to between $200,000 and $300,000 for an offence punishable on summary conviction, and from $500,000 to $1 million for a criminal offence.

The bill also proposes to allow the courts to impose fines on corporations and ships. This is a measure that is consistent with other environmental laws, including the Canadian Environmental Protection Act.

We would add new factors the courts would be able to take into account when they determined the fine that would be imposed on a person, corporation, or ship if they were found guilty. These would be the following: Was the offence a continuation of an offence? Did the offender do this numerous times or over several days, weeks, or months? Was this a second or subsequence offence? Was the offender found guilty of having committed another offence in the past? Were there any aggravating factors, such as having committed the offence despite having been warned by an enforcement officer not to start or continue the activity?

The courts would also be able to take into account such matters as small revenue corporation status and the liability of directors, masters, owners, officers, agents, and mandataries. The bill would also provide the possibility of leniency under the due diligence defence. This means that if one was accused of an offence, one could explain to a court that he or she was prudent and reasonable in the particular circumstances of the offence.

There would also be more court orders in the bill, such as the ability to charge an amount to monitor environmental effects, to promote the conservation and protection of marine protected areas, to conduct research, to assist a group for its work on the marine protected area, or to support an educational institution.

Bill C-55 is an important step toward providing Canada's oceans with the protection Canadians expect and have been asking for, and for me, as a representative of West Vancouver—Sunshine Coast—Sea to Sky Country, this is an important step. It is a step toward protecting the livelihoods of many Canadians as well.

I look forward to continuing to participate in the protection of Canada's marine ecosystems from coast to coast to coast.