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


Dominic LeBlanc  Liberal


Report stage (House), as of Dec. 11, 2017

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-55.


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.


All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.


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 29th, 2017 / 10:30 a.m.
See context


John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, it gives me great pleasure to stand in the House this morning on behalf of the people of Barrie—Innisfil. I will be splitting my time with the hon. member for Edmonton Manning.

I will admit that the beautiful riding of Barrie—Innisfil does not have any oceanfront or coastline, but it does have a jewel of the central Ontario region, Lake Simcoe. My comments this morning will be more along the lines of transparency, consultation, and the inability, or inability, quite frankly, of the government to conduct meaningful consultation on issues that affect many Canadians.

Bill C-55 would amend the Oceans Act and the Canada Petroleum Resources Act. It would allow the government to effectively act unilaterally without consultation, consultation being a second thought. The government would be acting on its own in creating new marine protected areas, selecting areas to meet its own mandate to increase Canada's marine and coastal areas to 5% this year and 10% by 2020.

I am an MP of the almost landlocked riding of Barrie—Innisfil. It has some beautiful beaches and waters along Kempenfelt Bay and Cook's Bay. However, being the MP where Lake Simcoe is located, the government should be reminded of what positive action for protecting Canada's lands and waters by a federal government really truly looks like. The previous government took bold steps to add more than 220,000 square kilometres to Canadian federal parks and marine protected areas, an increase of more than 58%.

Canada's national parks provide outstanding examples of our country's natural landscapes, generate significant economic activity by attracting visitors from Canada and abroad, and provide Canadians with access to our natural heritage.

Under the former Conservative government, the national conservation plan expanded national parklands by tens of thousands of square kilometres and secured ecologically sensitive private lands. The previous government also understood the importance of Lake Simcoe and Georgian Bay in Ontario.

Average phosphorous load levels for Lake Simcoe in the 1990s were well over 100 tonnes per year. Unprecedented funding commitments from Prime Minister Harper of nearly $60 million from Ottawa helped to improve environmental monitoring, conserve critical aquatic habitat, and reduce the discharge of phosphorous from point and non-point sources. I will add that tremendous work was done as well by the members for Simcoe North, York—Simcoe, Durham, and others, and, of course, Mr. Patrick Brown, who was a key advocate to the success of those programs with Lake Simcoe.

The action taken by Ottawa shows that annual phosphorous loads have significantly decreased and the health of our lakes, rivers, and wetlands is paramount to our future, but, sadly, not necessarily a priority for the Liberal government. Requests to continue the funding to further reduce phosphorous have fallen on deaf ears.

Along with saving Lake Simcoe, the previous government created marine protected areas in B.C., New Brunswick, and the Beaufort Sea, but it did it with consultation and did not give them any interim protection before those consultations occurred. Years of work by the previous Harper government will be undone by the Liberal government.

Affecting the major recreational assets, generating more than $200 million annually for the area's tourism and recreational industries was done by working with the Lake Simcoe Region Conservation Authority, other local partners in Barrie—lnnisfil, and all the residents of the region. By partnering with angling, hunting, and conservation groups, we can ensure that our conservation efforts are good for the environment and good for local economies as well.

Unfortunately, Bill C-55 would stop the partnerships, all in the name of Liberal politically mandated targets, targets that would allow the government's Liberal friends to create interim protection, protection that would affect fisheries and recreational and tourist industries.

What is it about the government and consultation, or the lack of consultation? Delaying consultations and decisions for up to five years will only serve the Liberal targets, not commercial or recreational fisheries, industry, or academics. The Liberals do not listen to consultations. They did not listen on several issues, such as electoral reform and pipelines. A situation is happening now within my riding and that of Oshawa where Canada Border Services Agency offices are closing, without any consultation to stakeholders, politicians, and those who would be affected. They are again not consulting on major tax reforms that will affect Canada's small businesses, family businesses, family farms, and family health care in Canada.

Let me remind the minister and the government of comments from industries on Bill C-55. Consider it a form of consultation.

Callum Roberts, a professor at the University of York, said, “you want to build on a process of trust and goodwill, you don't then ignore what your stakeholders say...if in the end all you were going to do was cherry-pick...”.

Gerry Kristianson of Sport Fishing Institute of British Columbia said:

My sector wants transparent and evidence-based decision-making...if government decides...on the volume of mail it receives, my recreational fishing more than capable of engaging in that kind of activity.

Chris Sporer, the Pacific Halibut Management Association of British Columbia, said, “if fishermen are forced from productive, high catch per unit effort areas to less productive” there will be an increase in fishing time and an increased cost for less fish. He said that the “process needs to take into consideration and evaluate the ecological consequences of displacing fishing efforts...”.

I ask the government to forgo its current trend of non-consultation and instead listen and take note of their political agenda. It is not the environmental and economic agenda that makes Canada a leader in protecting marine areas. For that reason, the rest of the Conservative caucus and I will not support what the Liberals are trying to do.

There has been a lot of discussion on the issue by those being affected by this the most.

Recently, a Nunavut MLA read a statement in the Nunavut Legislature Assembly. I am not going to say which riding for fear of butchering it, but MLA Johnny Mike, who handles multiple cabinet files within the Nunavut government, slammed the federal government for not consulting. On September 18, he said that the potential impacts of Bill C-55 could be an absolute travesty for his constituency. He said:

...residents we are well aware of the potential in our offshore areas, which is used for economic opportunities today by interests from outside of Nunavut....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.

He added that the provisions within the Nunavut Land Claims Agreement appeared to conflict with Bill C-55, specifically sections outlining Inuit access to wildlife and conservation area development within the Nunavut settlement area. It made him wonder whether this provision was used as the reasoning for Inuit not being consulted on this bill. He slammed the Liberal government, saying that it had no consideration for Inuit.

My understanding, not sitting on the fisheries committee, is that numerous stakeholders have come before the committee, outlining their concern, not just with this policy but also with the fact that their voices are not being heard.

When it comes to evidence-based science, we hear of a government that speaks about decision making that is evidence-based and science-based. The reality is that it does not come down to that with the Liberal government. It only agrees with evidence-based and science-based studies if they agree with its ideological position.

Oceans ActGovernment Orders

September 29th, 2017 / 10:45 a.m.
See context


Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, I rise today to speak to Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act. At the outset, while I understand that amending the Oceans Act and the Canada Petroleum Resources Act would allow the Liberal government to meet its political target of 5% protection by 2017, by introducing this bill the Liberals have failed to follow through with their commitment to consult Canadians on issues of importance. The government flaunts its ability to consult Canadians, but is not consulting Canadians on the right things. That is what we call mostly “selective consultation”. For example, the government does not intend to consult Canadians on the interim marine protected areas, MPAs, it would seek to put in place once the bill has been passed. The word “interim” can be deceiving. Having these MPAs in place for up to five years would make it difficult to reverse the protection in years to come.

Another example of the government's inability to consult Canadians is Bill C-47 aimed at enabling Canada to accede to the Arms Trade Treaty, which I rose to speak to yesterday and on which law-abiding hunters, sport shooters, and collectors have not been consulted. When I was advocating for these Canadians yesterday, the members opposite said that my argument was bogus and phony. There are many more examples of the lack of consultation, but the final example I will touch on is the current government's proposed unfair tax changes announced in July of this year in the midst of Canadians' summer holidays. I have heard from numerous constituents on this issue, and the finance minister has refused to extend his measly consultation period, even though Canadians are begging for it.

Now I will get back to the topic of the day, Bill C-55. I would first like to read from the summary of the bill, which I have in my hand. In the summary paragraphs (a), (b), and (c), the bill's objectives read as follows:

(a) clarify the responsibility of the Minister of Fisheries and Oceans to establish a national network of 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.

If passed the bill could completely alienate fishing grounds for other important marine activities for up to five years without adequate consultations with Canadians. Once an area has been placed under interim protection, it would become increasingly difficult to reverse as it would require removing protections that had been in place for up to five years. That by itself is a major problem. When we are talking about problems like that, which could become irreversible, we are talking about what could become a permanent problem that will take more and more efforts to fix. It is a recipe for failure and danger in the longer term.

This bill would put too much power in the hands of solely one person, the Minister of Fisheries and Oceans. That is an unprecedented granting of power to one person, regardless of who the person is, in which government, and in which area. By eliminating any requirement on the minister to rely on scientific evidence and by speeding up an MPA designation process with no oversight or consultation, we would put Canadians' jobs at risk in our coastal communities.

As I said, we are looking at selective consultation by the government. When it needs to consult, it neither consults nor takes a scientific approach. However, we believe that attention has to be paid to consultation when presenting bills of this calibre. We must make sure that our job is done, and take the time to do so.

Our previous government, through the national conservation plan, NCP, invested $252 million over 5 years to secure ecologically sensitive lands, support voluntary conservation and restoration action, and strengthen marine and coastal conservation. The Conservative Party is not opposed to creating MPAs by any means. In fact, we have championed conservation and marine protection in the past. All we are asking for is a balance between the protection of marine habitats and protection of the local economies that depend on commercial and recreational fishing. To that extent, I come back to the many stakeholders with expertise in various areas who have spoken at length about this, asking the government to consult more and to take its time in its approach to this.

MLA Johnny Mike from Nunavut said that he strongly opposes the bill, calling it an “absolute travesty” for his constituency. This is from a local politician who knows best, on the ground, what is going on and reflects his constituency's opinion.

The former MP from Nunavut, the hon. Leona Aglukkaq, is a strong advocate for the people of the north. However, she says that it seems that the government and its representatives have not consulted enough, have not talked to the people, and that the bill's poor consultative process was an insult.

I have other stakeholder opinions here that are along the same track on how the consultative process has been handled. The government rushed this in the second half of its mandate. This will be one of the signatures of the government: pushing a bill through without proper consultation and without a proper evidence-based approach.

Conservatives understand the economic importance of fish and seafood to the Canadian economy. In fact, the previous government focused on building on existing international markets, introducing new ones, and making significant investments in marine research, harbour infrastructure, the sustainability of lobster, and indigenous participation. However, by choosing to fast-track implementation of MPAs in order to meet its self-imposed political targets, the current government is doing a disservice to all Canadians.

On a final note, the Standing Committee on Fisheries and Oceans had studied MPAs. At the conclusion of its study, the committee concluded that understanding MPAs is quite complex. If the committee observed this at the end of its study and after hearing witnesses, it means that we have concerns on this and the approach taken by the government. Therefore, I encourage the government to take a pass on its bill. As my colleague, the member for Bruce—Grey—Owen Sound, said yesterday, take the time and get it right. To the government, to the minister, take the time and get it right.

Oceans ActGovernment Orders

September 29th, 2017 / 12:15 p.m.
See context


Mark Strahl Conservative Chilliwack—Hope, BC

Madam Speaker, I will be sharing my time with the member for Oshawa, and I would ask if you could give me a one-minute warning before my time is up.

It is always a pleasure to rise in the House to speak on behalf of my constituents of Chilliwack—Hope, especially when it comes to things that relate to fisheries and oceans.

Chilliwack and Hope are home to a large stretch of the Fraser River, which runs through the heart of my riding. It certainly plays role in our community, whether it is indigenous and sports fishing. These interests are represented and take full advantage of that great natural resource. Therefore, any time I can stand to talk about fisheries and oceans legislation, I welcome the opportunity.

We are here to talk about Bill C-55, which purports to set aside a percentage of the ocean as marine protected areas and ban certain activities from happening in those areas. As the member for Edmonton Manning just concluded, the main issue we have is that the government has failed to adequately consult with the stakeholders that will be most impacted by this decision, whether angling or indigenous groups. These groups have not been consulted, and there is real confusion as to what the government's plans are.

As the member for Cariboo—Prince George indicated earlier in the debate, numerous studies and witnesses have appeared before the fisheries and oceans committee and have shown that this is a slapdash approach that will not serve the environment, fishers or the communities to be impacted by the arbitrary targets set by the government.

I mentioned the Fraser River. All summer long, the Department of Fisheries and Oceans failed to adequately consult with or respond to the concerns of sports fishing interests on the Fraser River. They tried in vain, through numerous letters, calls, and contact with members of Parliament across the political spectrum, to get some action to get the river opened for sports fishing when other interests were exercising their right to fish. It was a real disappointment for the people in my riding, especially the Fraser River Sportfishing Alliance. It wrote to me and contacted my friend from Cariboo—Prince George and others. It was frustrated at the lack of response from the Department of Fisheries and Oceans. We see this in Bill C-55 as well. It ignores stakeholders and their concerns with respect to fisheries policy.

In this case, the Fraser River Sportfishing Alliance supports conservation first and foremost. That is what it wants to see done. This is its primary concern. It wants the fishery to be there for future generations as it has been for us. It respects the constitutional priority that is given to first nations for food, social, and ceremonial fisheries. However, what it does not respect is a department of fisheries and oceans that does not respect it, that does not take into consideration the specific concerns it has raised, that does not provide any flexibility to allow it to use selective fishing methods, to allow its members to get out on the water with their kids and grandkids to exercise their right to enjoy that public resource.

I bring that up because I told the alliance that I would bring it to the House of Commons. It is endemic of the concerns we have with DFO's approach and with the approach of the Minister of Fisheries and Oceans to stakeholders that have a very real interest in how our fisheries are managed.

Another aspect of the bill is to prevent oil and gas development activity where these marine protected areas are developed. It is a real lack of consultation, which has again been a pattern for the current government. When it brought in its ill-advised top-down Arctic offshore drilling moratorium, it did not have the courtesy to give the premiers of the Northwest Territories and Nunavut a sufficient heads-up. It called them two hours before the announcement to advise them that offshore oil and gas drilling would be banned in the Arctic. What does that mean?

It meant that devolution to the territories meant nothing. It meant that Ottawa knew best, that decisions on what was best for northerners would continue to be made south of 60 in the Prime Minister's Office. That is a real step backwards when the people of Nunavut and the Northwest Territories specifically worked for years to get a devolution agreement that gave them the power over decision making on things like natural resources and energy, which was then stripped away by a press release from the Prime Minister's Office, instead of respecting our northern communities that would see a lack of economic opportunity.

Premier Bob McLeod said this felt like a step backwards. He stated:

We spent a lot of time negotiating a devolution agreement, and we thought the days were gone when we'd have unilateral decisions made about the North in some faraway place like Ottawa, and that northerners would be making the decisions about issues that affected northerners.

Peter Taptuna also said:

We do want to be getting to a state where we can make our own determination of our priorities, and the way to do that is gain meaningful revenue from resource development.

They want to control their own destiny when it comes to natural resource development. The federal government, with its Ottawa knows best approach, stepped in and killed that, very much in opposition of the Northwest Territories and Nunavut premiers.

Order Paper questions are an opportunity for opposition members to submit in writing detailed questions asking about the government's activities that relate to any matter we want to raise. When I was the former shadow minister for energy and the former shadow minister for fisheries and oceans, I asked questions on two occasions. I asked about the decision to conduct the offshore oil and gas exploration ban in the north, and I asked where the consultations were. What I got back was that the Liberals did not do the consultations before the announcement, but they were consulting now, after Ottawa had already made the decision. That is not the way it should be done. If we want communities to come along with us and to get community buy-in, we need to consult before we make an announcement.

We see the same pattern again with Bill C-55. The consultation phase is cut short, a decision is made by the government, and then it will consult now that it has said how it will to be.

It reminds me of the small business tax changes we are talking about right now. The Prime Minister and the Minister of Finance are not listening to Canadians. They are telling Canadians how it will be and are getting an earful because of it. Canadians want to have the opportunity to be heard. They do not want to be told how it will be. When I asked the government about this in Question No. 950, it said that no consultations were done in advance, that it would have them after the fact.

Another example was when the government arbitrarily shutdown the northern gateway pipelines project. I specifically asked if it had consulted with over 30 indigenous communities that stood to gain $2 billion in economic activity in their remote northern communities, where economic activity is a bit scarce. I asked the government to show me where the consultations were. It said that there were none, that it did not have an obligation to consult, so it arbitrarily shut down the project.

This is the pattern of the government. It says that it will consult when it wants to delay making a decision. When it wants to put off the tough choices, it hides behind consultation. When it already knows what it will do, when it has its Ottawa knows best approach, there are no consultations. The consultation is after the fact.

The Conservatives will oppose Bill C-55, because of this same approach to a lack of meaningful consultation and because Ottawa knows best. That is not the approach the government should take, and we cannot support it.

Oceans ActGovernment Orders

September 29th, 2017 / 12:30 p.m.
See context


Colin Carrie Conservative Oshawa, ON

Madam Speaker, as the MP for Oshawa, of course I do not have an ocean coastline in my community, but we certainly have an active fishing community in Lake Ontario and in our northern lake country. As a son of a proud navy officer, I spent most of my formative years in Nova Scotia. Indeed, I want to say hi to my family in Sydney.

Yesterday, many of my colleagues had an opportunity to rise on Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act, so I will try not to be too repetitive here today. I am happy to be the voice for those affected by this most recent poorly thought out Liberal approach, because their Liberal MPs, unfortunately, will not be.

As we all know, the minister of fisheries and ocean's mandate letter 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 five percent by 2017, and ten percent by 2020—supported by new investments in community consultation and science.

I want to highlight the part of that mandate letter about consultation and science. The Liberals' attempt to achieve an artificial political timeline has led them to rush a bill that has lacked exactly that: proper consultation and science. Are any of us in the House surprised? The Liberals are becoming notorious for limiting consultation periods in order to pass their own agenda and silence the public. Sadly, as I said in question period, a local issue that is very important in Oshawa is the Liberals' decision to shut down the Canada Border Services Agency office in my community. Typically, I found out after the decision was made. There was no consultation with local politicians, businesses, or stakeholders. This is going to affect families in my community, job creators, and businesses.

The Liberals are consistently putting artificial political timelines and ideology ahead of local interests and families. This seems to be the rule, not the exception. We have also seen it with their apparent consultation on their small business tax increases, on which the Minister of Finance made it very clear that the consultation would not change the direction of the government. We are seeing it again now with Bill C-55. The minister said that the government is not going to change direction on it.

What really is Liberal consultation? I say it is arrogance. There is no intention to listen. They have made up their mind: Ottawa knows best. Rather than consulting communities that will be most impacted by the Liberal plan on marine protected areas, the minister has fast-tracked this process. Sadly, the Liberal MPs from the Maritimes who are hearing from their constituents about this very issue are doing and saying nothing.

The Liberal commitment to protect 5% of marine and coastal areas by 2017 will result in enormous areas from coast to coast to coast being closed to commercial and recreational activities. Again, Liberal MPs are invisible. They are saying and doing nothing. In fact, a large number of academics, industry, commercial, and recreational fishing groups have come forward to speak against the minister's MPA targets within the current time frame. Why? The Liberal government's targets cannot be achieved without extensive consultation and a rigorous effort to prioritize the needs of local communities.

If the Liberals will not listen to Canadians affected by their rushed decisions, let me put what some of the stakeholders have said on the record. Maybe that is the only way the Liberal government will hear. These are the comments of those who will be directly impacted by this arbitrary timeline.

Leonard LeBlanc from the Gulf of Nova Scotia Fleet Planning Board said:

The process DFO used to approach harvested associations and consult on the areas of interest for designation was unorganized and totally not transparent.

Ian MacPherson of the Prince Edward Island Fishermen's Association said:

The PEIFA understands the requirement to protect marine environments, but we do have concerns surrounding the tight timelines to accomplish these goals.

These are quotes from Atlantic Canadians. I would like to remind everyone again that every single Atlantic seat is held by a Liberal member, including the Minister of Fisheries, Oceans and the Canadian Coast Guard himself. Unfortunately, they are silent.

There is another important quote by Mr. MacPherson:

The displacement of fishers from one community to another as a result of an MPA would shift the economics of the island. Throughout the consultation process, fishing areas were discussed, but not the economics of how a large MPA along the small coastline of Prince Edward Island would impact the island.

I could go on.

I am very curious to know whether Liberal members elected by Atlantic Canadians will listen to their constituents and vote against this bill due to the lack of scientific, economic, social, and cultural information taken into consideration.

Speeding up the MPA designation process could have significant impacts on the economy, as stated earlier, leading to job losses and fisheries closures in the coastal communities.

Let me make this very clear. The Conservative Party is not opposed to the creation of MPAs. In fact, we have championed conservation and marine protection in the past. I was very proud to be part of the previous Conservative government that launched the national conservation plan, the NCP, which invested $252 million over five years to provide a more coordinated approach to conservation efforts across the country. We took steps to add more than 220,000 square kilometres to federal parks and marine protected areas. That was an increase of more than 58%.

Under the Oceans Act, we accomplished the protection of three new marine protected areas. The first one is Musquash Estuary, in New Brunswick. The second is Bowie Seamount, off the coast of British Columbia, and the third is Tarium Niryutait, in the Beaufort Sea. We developed our conservation policies and were successful because we respected the economic aspirations of local residents and always focused on building a stronger economy from coast to coast to coast.

The Liberals, however, have not listened to Canadians. They have not been listening to their constituents, and to be honest, I do not think they are even starting to see the damaging consequences of the Prime Minister's agenda. The Minister of Fisheries, Oceans and the Canadian Coast Guard stated that he would take a balanced and fair approach. That is what he said, balanced and fair, in meeting the government's targets under the United Nations Convention on Biological Diversity.

He stated that the Liberal government was committed to a process that was transparent and science based and would consult with the provinces, industries, and indigenous peoples. That is what he said, except that Bill C-55 would allow the minister to make these designations without proper scientific review, which, not surprisingly, is a complete contradiction of his own promises and the Prime Minister's promises.

Let us remember that this is a government that promised to strengthen relationships with the provinces through consultations and collaboration, except, it seems, when most provinces and territories are criticizing the Liberal approach these days. With increased taxes, burdening legislation, and now giving themselves more power to unilaterally create MPAs that are not even backed by science, it seems that the Liberals' relationship with the provinces is worse than it was under the previous government. An MLA from Nunavut stated that Bill C-55 would be an “absolute travesty” for his constituency. He also stated that the federal government never consulted with northerners on what concerns they may have with the bill. It never consulted with northerners. That is sad.

Again, I repeat, the government needs to start making evidence-based decisions and to stop making political decisions that hurt Canadians. Liberals need to start listening to Canadians and ensure that the proper science backs up their decisions in establishing MPAs. Instead, they seem to be more concerned about their international commitments than jobs, growth, and economic development in our communities.

I will not be supporting this bill, because it seems that the Liberals' sole purpose here is to please other countries, even if that means hurting hard-working Canadians. I call on Liberal MPs to stand up for their constituents, not bow down to the PM who wants to create the world's first post-national state at the expense of Canadians. I cannot agree with a bill that eliminates consultation and evidence-based decision-making simply to meet these international commitments.

Oceans ActGovernment Orders

September 29th, 2017 / 12:45 p.m.
See context


Mark Warawa Conservative Langley—Aldergrove, BC

Madam Speaker, it is a real honour to speak to Bill C-55. I will be splitting my time with the member for Calgary Shepard.

Legislation and the policy of government must be based on logic, on science, and on sound consultation. I want to focus my comments on the process of consultation, which, I am hearing from Canadians in my riding of Langley—Aldergrove, is disingenuous and may be fake consultation giving the impression of consultation.

The Liberals, unfortunately, have a timeline they have set. It is often not well thought out. They set a target date, they make the announcements, and they move forward. Consultation is part of the optics, but their minds are already made up.

Bill C-55 would make the minister responsible for increasing the portion of Canada's marine and coastal areas that are protected to 5% by 2017 and 10% by 2020. For the previous government, protected areas were very important. There is a legacy of Liberal governments creating a mess and ignoring the environment and then Conservative governments being brought in to clean up the mess, and that has happened throughout Canadian history. That is what happened over the last nine years under a Conservative government. It increased the protected areas, but it was done based on science and based on consultation.

On a personal note, I love the environment. I consider myself an environmentalist. I spend lots of time walking in the forest. We have an invasive species called English ivy. In off hours, I get some exercise but also do tangible things to improve the environment around where I live. I cut off the bottom seven feet of English ivy that is growing around beautiful cedar trees. There is lots of cottonwood, birch, and alder. These trees will die if we do not take care of them and take off that invasive species, so I do that. Behind our townhouse complex in a beautiful pathway that goes through the forest. It is called Fairy Lane. We have not seen the Prime Minister with his shirt off running around through the forest yet, but maybe one day. For my wife and I, next month will be our 45th anniversary. Diane and I were married in 1972, and she is the best thing that ever happened to me. We like to walk in the forest and enjoy the environment.

As Parliament, we have a responsibility to make sure that we are protecting the environment for ourselves but also for the coming generations: our children, our grandchildren, and future generations. I am proud of the accomplishments of the previous Conservative government, but I am very concerned that the current Liberal government is making mistakes similar to those that past Liberal governments made. I am referring to past comments by the Environment Commissioner. The Environment Commissioner, relating to the past Liberal government, said that there is a gap between what the Liberal government said it would do and what it is actually doing. Good intentions are not enough. Another report from the commissioner, referring to the Liberal government, said, “When it comes to protecting the environment, bold announcements are made and then often forgotten as soon as the confetti hits the ground. The federal government seems to have trouble crossing the finish line.”

Nothing has changed, it appears. The Liberal government is making announcements, proclaiming there is going to be consultation, and then is moving ahead without basing it on science or good input.

There has to be a balance, and we have heard the Prime Minister say the right things about the importance of consultation and having a balance, saying that we can have a healthy economy and a healthy environment. That is true, but again, we have to have true, genuine consultation.

When designating a marine protected area, we have to consider the impacts on local economies in fishing, in forestry, in mining, and at all levels of industry and the environment. We need to base that designation on consultation, including first nations and aboriginals. For the knowledge we need, we need to consult, and it has to be genuine consultation, and that often takes time if it is done right.

In the middle of summer, when people were enjoying time with their families after working hard and paying increasing Liberal taxes, we had an announcement that there was going to be a form of consultation that would end on October 2. This consultation is on the new Liberal tax attack on small business. It is unfair, and that is what I am hearing over and over again. The consultations are town hall meetings that are being held at 3 p.m., when Canadians are at work, again evidence that it is disingenuous.

That applies to consultation on the environment, marine protected areas, taxes, and even the artificial target date of July 1 of next year, when marijuana is to become legal in Canada. On that consultation process that the government does not want to hear, police chiefs from across Canada and saying to slow down, that we are moving too fast and that the country is not prepared for some of these changes.

Generally speaking, the consultation process appears to be disingenuous. The government is not listening to Canadians.

At the very beginning, when this Parliament started, one of the first issues I was involved with was the issue of assisted suicide and euthanasia. Consultation happened, and I sat on both the special legislative committee and the justice committee on that issue. In my riding and a neighbouring riding, we had town hall meetings, and I reported back to the committees what we heard. That was put aside because a Liberal member said it was just a moment in time, not really true consultation, and did not represent Canadians because it was a small group of people. They were people that we represent.

Unfortunately, if the Liberal members do not hear what they want to hear, it is not reported. It is dismissed. If we are going to have true consultation, we need to listen to Canadians. We need to hear what they are saying, report it to Parliament and adjust. We should not be stuck going in one direction, unwilling to listen or to adjust and create good policy that creates a balance between a healthy environment and a healthy economy.

On Bill C-55, dealing with the marine protected areas, I want to make some very important points.

If we are not including consultation that listens and makes a difference, then we end up creating something that is rushed and does not have the desired impact. Rather than consulting communities that are most impacted by the Liberal government's plan, the minister has chosen to fast-track this process in order to meet the government's self-imposed political targets. Unfortunately, we will end up with a problem, another mess that a future Conservative government will have to clean up.

Oceans ActGovernment Orders

September 29th, 2017 / 1 p.m.
See context


Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I would like to thank the member for Langley—Aldergrove for his contributions to the debate so far. I am pleased to be rising to speak to this bill.

Alberta is really known for its coastlines.

There was not even a laugh in the chamber. I thought at least some people would appreciate that.

However, Albertans do care about coastlines. Members may have heard that for the past few years there has been a great debate on the construction of pipelines, for which Alberta is well known and for which Alberta has a lot of technical expertise.

Albertans are especially in pipelines that reach a coastline of some sort, so that we can sell our product at a higher world price. That is what has been consuming the interest, the time, and the debates in politics for the better part of the last few years in Alberta.

This bill to amend the Oceans Act and the Canada Petroleum Resources Act also deals with conservation and stewardship. When I worked in Alberta for the Minister of Sustainable Resource Development, we were charged with the stewardship of not only Alberta's natural resources but also its wildlife, fauna, and aquatic resources. We do, indeed, have many of those. Some of the greatest inland sport fishing that can be done is in Alberta. No hooked barbs are used there. It all has to be done in our lakes and waters without any use of hooked barbs, so it takes quite a skilled angler to actually get it done.

Other members have already gone over some of the defects and some of the inconsistencies they see in the bill that the government has proposed, so I would like to focus my time on what is important when we are trying to talk about stewardship and protecting marine environments.

We should be measuring results by outcomes, not necessarily by whatever ranking we are trying to attain on some international statistic. We should not be using the government's stick to impose something on people. We should be using kind words and going out and reaching out to people, asking them what works in their particular area. That type of approach is the “Ottawa does not know best” approach.

Ottawa actually knows very little about places on any coast of this country, especially in our northern territories. People in those localities have a much better understanding of the local needs of the marine environment.

In the example I gave about measurements and ranking systems and international institutions grading different countries for reaching a certain goal or objective, the latter is good to have, but it is not the primary measurement goal. What we should be doing is asking whether we are reaching our own objectives. We, as Canadians, should be setting our own objectives, local communities' objectives.

It is not for Ottawa to set an objective of 1%, 2%, 5%, 10%, 20%, 30% or 40%. What do the local communities want? What are they talking about? What works for them? Is there one model for everyone? Could there be one model on the east coast, maybe another model on the west coast, and another in the north? Can it be made even more varied?

Can we say that we will call them MPAs, but within the MPAs we will allow it to vary and we will allow differences for different people? Can we also consult ahead of time?

I know the government has made a really big deal out of telling people that it is going to consult more and that the previous government did not do that. I feel that like most Liberal promises nowadays, this one should come with a warning label, such as “promise will be smaller than it appears” or “this promise may not be what it appears to be”.

I thought we were on the receiving end of science-based decision-making, which a lot of this proposal lacks. If the government is going to be moving ahead with forcing an MPA onto a local community or region or area, and then deciding after the fact whether it achieves all the goals we wanted to achieve or even to vary what an MPA is, then should it not be based on the best possible local science available first? Should it not be more transparent and have more consultation?

It seems that what the government is doing is very much the opposite. The government is giving the minister a stick to be used against local communities, instead of using kind words and enabling the minister to do the job in a more consultative manner.

What did the Liberals promise in their party platform in the last election? In the environmental section, they actually spent more time talking about Stephen Harper than they did about the marine environment. It is a seven to four difference. Maybe there should be a Stephen Harper protection area created. It could be all of Calgary.

In the document, the Liberals spent a lot more time complaining about what was not done before and saying that Stephen Harper did all these terrible things, and that in the marine environment the Liberals would do X, Y, and Z. However, they talked very little about the actual objectives.

The fisheries and oceans committee met and heard witness testimony. The member for Barrie—Innisfil quoted Sean Cox, a professor at Simon Fraser University, so I will not go over that particular point, but it provided valuable input. He said:

MPAs aren't likely to be effective scientific tools, either.

That was a direct quote.

He also said:

Just enforcing MPAs would be hugely expensive. Again, if you're looking at it from a fisheries management point of view, it's far more cost effective to do other things that don't cost that much.

He continued:

Looking at some of the previous testimony, there was a claim that there was overwhelming scientific proof that MPAs are beneficial and widely successful. I think that was misrepresentation of the actual science. Stephen just cited some of the studies that find that they're not broadly successful.

He was not saying that they do not work, but just that they are not as broadly successful as they are made out to be. Therefore, it is really a matter of what the content of the MPAs are. Do they match local community needs? Will they achieve their goals?

Brian Clark, an environmental adviser and registered professional biologist with Pacific NorthWest LNG, asked the following: “Where are the no-go zones? What are the thresholds for impacts?” He also said that “we need specific plans for coastal areas of high industrial activity.”

He added that “there is a lack of clear process for integrated coastal planning that leaves proponents to develop strategies in an information vacuum.” However, that information was collected from the local community. If we impose upon them an MPA and then say that we will formulate what it will actually be later on, what the permanent plan for the area will be, we will create anxiety, panic, and fear. It is like what the Liberal government has done with the small business tax changes it is proposing with a 75-day consultation window. To me, this seems like more of the same.

We have leaders from the territorial governments who have come out and openly attacked this proposal, Bill C-55.

Not to belabour the point, other members have mentioned that the MLA Johnny Mike, who is also the minister of the environment of Nunavut, openly attacked Ottawa. I have a headline that reads, “Nunavut MLA attacks Ottawa, Inuit orgs on proposed federal law.” I have another headline entitled, “Northern premiers present united front against Ottawa”, which is always a great headline for a government to have when it is two years into its mandate.

I will quote from that article:

To industry, the premiers delivered a message that they want to make investment in the territories more attractive rather than increase “regulatory complexity or uncertainty.”

That is exactly what this will create. It is an Ottawa-knows-best approach, one in which we have a box that we are going to impose on a community, a community that will have to live with it and comply with our plans and what we want to do.

Another headline, dated August 31, from Yellowknife is entitled “Territorial Premiers discuss plans to create strong sustainable North.” The article states:

Northern Premiers appreciate the federal government’s interest in improving the Oceans Act and the Canada Petroleum Resources Act, and recognize the increase in federal oceans protection commitment by 2020. However, the proposed amendments to...Bill C55 allow for the creation of...[these interim MPAs] by a federal minister without prior consultation. This amendment should not be part of Bill C55.

When we have northern leaders telling us that we have it wrong, we should go back and ask, “What did we get wrong?” When they are telling us that those types of amendments should not be in this bill, we should commit to removing them right away or, even better, we should just remove the bill and start over again. That is what I have said that the Liberals should do on many other occasions with many different bills. They should take the bill off the table, such as the access to information law they have proposed before the House and that has now gone to committee. They should go back to the drawing board and get it done right the first time.

I have a Yiddish proverb to recite, which I know many members are probably waiting for. I mentioned the Ottawa-knows-best stick. The proverb goes like this, “It's not the stick that helps but the kind word.” That is what the federal government should be doing. I will make a comparison here with the small business tax proposals the Liberals have brought forward. I think this is very much the same. We can see both sides of this. On the one hand, the government has said there would be 75 days of consultations, and then on the other hand, it had said that it will drop the hammer, leaving no time for small business owners and farmers during harvest to contribute to the debate and provide information on how their businesses will be affected. How will people in these communities be affected by MPAs when these marine protected areas are imposed on them? It is a one-size-fits-all approach for everybody. What works on the east coast will not work on the west coast. Even areas 100 kilometres apart on the same coastline might be different. We have heard it said many times in the House that we have the longest coastline in the world. What are we protecting it for if not for the local communities?

Oceans ActGovernment Orders

September 28th, 2017 / 4 p.m.
See context


Mel Arnold Conservative North Okanagan—Shuswap, BC

Mr. Speaker, it is always a little more challenging to stop a speech or intervention mid-point and pick up a day later, which is what I am doing today. However, it is always an honour to have the opportunity to rise and speak in this House, especially representing the incredible riding of North Okanagan—Shuswap and in my role as deputy shadow minister for fisheries, oceans and the Canadian Coast Guard.

Rather than starting off mid-paragraph, I will briefly recap some of what I mentioned in my first half yesterday.

First, and most significantly, is that ministerial power would significantly increase under Bill C-55, if passed. It would reject scientific certainty as a basis for the designation of MPAs. Second, Bill C-55 would press inflexible timelines and would accelerate the process that has been used for many years for in-depth consideration.

Bill C-55 would significantly increase the power of the minister, allowing the government to no longer require scientific certainty or consensus among affected stakeholders before imposing closure or restrictions associated with marine protected areas. That may be just what this minister wants, but is that in the best interest of all Canadians?

It has been said that the Minister of Fisheries, Oceans and the Canadian Coast Guard already possesses more power than any other minister in cabinet under Canada's current legislation. However, we know that this minister will be replaced, and believe me, we on this side are working hard on that. This minister will be replaced by another minister, and another one after that. All this power placed in the office of one individual may seem okay in the short term, but no one can predict what the long term will bring.

First nations, fishermen, cargo shippers, tourism operators, conservation groups, academics, and many other stakeholders would continue to face the consequences of the government's frantic and half-baked approach to speeding up the process of establishing MPAs, among other things they are doing.

Our Standing Committee on Fisheries and Oceans is currently studying the criteria and process for establishing the MPAs, because we have seen a government hell-bent on reaching a political target. The government seems to be either oblivious to or callous about the havoc its decisions would wreak on the workers and residents who depend on marine and coastal areas for their livelihoods and subsistence.

The government has reneged or failed on so many other political campaign promises that it is now desperately trying to meet its unrealistic timeline to deliver the MPA campaign promise. In moving forward with this bill and short-circuiting the consultation process, the government fails to realize that it is breaking another one of its campaign promises, the promise of delivering openness and transparency.

In recent days we have witnessed the government short-circuit the debate and consultation process for its tax change proposals, effectively quashing debate in the House, but even more so, across Canada. Canadians are continually complaining to our offices in phone calls, emails, and letters. It has been unending, yet the government fails to hear it.

The government is refusing to listen to the thousands of small businesses and family farms that will be financially harmed by ham-fisted tax grabs that will not touch the family fortunes of the Prime Minister or the Minister of Finance. In the same way, through Bill C-55, the government is trying to eliminate the long-established structures and processes for engaging Canadians who will be affected by the new MPAs.

In the course of the fisheries and oceans committee's ongoing study, the committee has heard directly from a number of witnesses who have testified that the process for establishing MPAs should not be rushed.

For example, Ian MacPherson, executive director of the Prince Edward Island Fishermen's Association, stated that his association:

...understands the requirement to protect marine environments, but we do have concerns surrounding the tight timelines to accomplish these goals. The first step to designating a ministerial order MPA is to gather existing scientific, economic, social, and cultural information on the area. Prince Edward Island is a small province driven by small fishing communities. The displacement of fishers from one community to another as a result of an MPA would shift the economics of the island. Throughout the consultation process, fishing areas were discussed, but not the economics of how a large MPA along the small coastline of Prince Edward Island would impact the island.

Time and again during the committee's examination of the criteria and process used to establish MPAs, we have heard how essential it is to consult with local first nations and stakeholders. Consultation is essential to preventing displacement of traditional uses. Consultation is essential to avoiding undue fishing pressures on adjacent areas that may not be sustainable.

The committee has also heard from Chris Sporer of the Pacific Halibut Management Association of British Columbia, who stated:

Further, if fishermen are forced from productive, high catch per unit effort areas to less productive ones, this means increased fishing time and the need to use more gear to catch the same amount of fish. If you increase fishing time, that means more fuel. That means greater carbon emissions. More gear means increased benthic impacts and the risk of bycatch, for instance, of things like seabirds, something that we've worked very hard in our industry to minimize.

During his testimony, Mr. Sporer also stated that:

The MPA process needs to take into consideration and evaluate the ecological consequences of displacing fishing effort, but it also needs to take into account all the sustainability measures that have been implemented to date. At present they're not being factored into the analysis.

I support protecting our coasts and offshore marine environments, but these protections must be in the right place and developed over the right time frame, with clear objectives that can be measured on a scientific basis and with all the support of locals and Canadians who will be affected.

What I see in Bill C-55 is the ability for the minister to use unrestrained power, without the backing of scientific certainty, to impose restrictions and closures with complete disregard for the culture, heritage, livelihood, and interests of Canadians.

I also see that proposed section 35.3 of the bill proposes a strict timeline of five years from the time an interim MPA is designated by the minister for the government to render a decision to either issue a permanent designation for the MPA or repeal the interim order. This timeline flies in the face of testimony and anecdotal evidence that shows that seven to 10 years are required to thoroughly establish an MPA. How can the government so blatantly choose political expediency over respect for Canadians? The government must recognize and respect the essential value of engaging Canadians affected by the proposed MPA, to hear their concerns, to receive their perspectives, and to respect their opinions.

If the government fails to fulfill these important steps, it prejudices the future sustainability of the MPA. As the government tries to discard scientific basis and democratic consensus from the MPA process, it runs the acute risk of undermining the legitimacy of future MPAs.

There are documented warnings that the government is rushing into our MPA process. If we cannot recognize the mistakes of rushed MPA processes that have happened elsewhere around the world, we run the same risk of repeating them here in Canada. I call on the government to step back from this bill's attempt to further accelerate and exacerbate the MPA process and reset its timeline for achieving MPA objectives.

That is what is needed to ensure that Canadians, especially those who will be most affected by MPAs, are able to factor into the MPA development process.

It is not what one does, it is how one does it that counts. I certainly hope that the government can put its own political interests aside in this instance and do what is right for the people of Canada.

Oceans ActGovernment Orders

September 28th, 2017 / 4:15 p.m.
See context


Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, my question for the member for North Okanagan—Shuswap comes from direct experience in my own riding, where there has been a proposal for a national marine conservation area for some time. It is described in the government documents as the Southern Strait of Georgia national marine conservation area. It is known within our community as the Salish Sea conservation area. To give the member an idea of how long the proposal has existed, it was endorsed in 1972 by Jacques Cousteau.

I believe that Bill C-55 is long overdue to create mechanisms to speed up the process of establishing marine protected areas. I have many questions for the Liberal government and I have amendments that will come forth in committee, but I just want to put on record that I do not agree with the idea that this bill would give the Minister of Fisheries unwelcome draconian powers.

I would ask my hon. colleague if he does not think that after waiting from 1972 to 2017, we might be able to do something to speed up the process.

Oceans ActGovernment Orders

September 28th, 2017 / 4:20 p.m.
See context


Jim Eglinski Conservative Yellowhead, AB

Mr. Speaker, I am pleased to join my hon. colleague from North Okanagan—Shuswap in talking about amendments to the Oceans Act and the Canadian Petroleum Resources Act. The title somewhat bothers me, but I will speak about that a bit later.

My hon. friend from North Okanagan—Shuswap is compassionate about fishing in the interior and coastal waters of British Columbia. I have talked to him many times. I believe he is quite an expert on that, much more so than I am. However, both my interests and my heart lie in some of the points in Bill C-55 that deal with consultations with the aboriginal community, communities, businesses, and stakeholders.

I sat on the Standing Committee on Environment and Sustainable Development. Last year, our committee presented a report entitled “Taking Action Today: Establishing Protected Areas for Canada's Future”. I believe it was an excellent report that all parties on the committee worked well on together. I have to commend our chair, the hon. member for King—Vaughan, who led us to prepare that unanimous report, which was sent to the government. I see the government has jumped on parts of that report and has included them in Bill C-55.

When we were preparing that report, we heard from people from coast to coast to coast. We heard from a large number of aboriginal communities on the west coast, from the Inuit in the Arctic, from the aboriginals in the interior of Canada, and from aboriginal communities on the east coast in the James Bay area. There was one specific message they sent to us: consultation. I see that has been somewhat missed in Bill C-55.

I note the Prime Minister's mandate letter instructs the Minister of Fisheries, Oceans and the Canadian Coast Guard 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 five percent by 2017, and ten percent by 2020--supported by new investments in community consultation and science.

Let us look at those numbers. The government is hoping to reach 5% three months from now. As of June of this year, Canada was at less than 1% for coastal areas and protected spaces, and only at 11% for land and inland water protected spaces. Now we want to go from 1% to 5%.

Let us look back at the history of this. These numbers came from the Aichi targets that came out of the convention on biological diversity that was held back in 2010. Our Conservative government attended that conference. We agreed with many other nations around the world to establish protected spaces, both inland and on our coastal waters.

We agreed on 10% of coastal waters to be protected by 2020, and 70% of inland waters and lakes to be protected by 2017. However, as a government, we looked at those as aspirational targets. Could we reach them? No, not without proper consultations with our aboriginal communities, municipalities, provinces, and industry stakeholders. It would take a great amount of time and a lot of work.

However, we looked at those targets and agreed to those targets. We thought they could be reached. There is a large segment of environmentalists out there who think we should go much higher. In fact, during our committee's work, there were people who made presentations who thought 50% of Canada's coastal waters should be protected, and 50% of the inland should be protected. Those were unrealistic amounts.

I noticed it also stated in that mandate letter that since the designation of the marine protected areas, MPAs, would take several years, the Liberal government is introducing, through Bill C-55, an interim designation of significant or sensitive areas identified by scientists, through consultation with indigenous people, local communities, and other interested groups.

I would like to read part of the report that was submitted by our committee which was unanimous. It states:

Federal protected areas account for about half--45% terrestrial and 83% marine--of Canada’s total protected areas.

That is where we are at, but that is not the 17% or the 10%. The report continues:

Accordingly, collaborative action by all levels of government including Indigenous governments, landowners, industrial stakeholders and civil society is required to resolve issues of competing uses for land and water in order to achieve and exceed our targets. Protecting areas in the Arctic marine and boreal regions are of particular importance.

That is what the committee had proposed and sent to the government. However, the government, in its usual format of consultation said it was only going to listen to identified scientists. It was going to pick the areas because it was going to do this really quick. We have three months to do it, all of a sudden. The government is going to pick out 5% of our coastal waterways, and it is going to protect it, because the scientists are going to pick it.

Throughout the report, I thought we really talked about working with indigenous people, talking with indigenous people, talking with stakeholders, and talking with municipalities. That is not being done. The Liberals are not saying, they are dictating. They are dictating this. The scientists are going to tell them what land they are taking, and people are going to listen, and then they will have some consultations so they can say they had consultations. That is after the fact. After the fact is not what the report stated. It stated to have active consultation with all stakeholders.

I want to read another part of the report:

The federal government has a variety of roles to play to meet our targets. It must provide the leadership needed to ensure coherent and coordinated plans are developed to reach the targets. It must partner with Indigenous peoples to establish and recognize new types of protected areas in Indigenous territories while providing new opportunities for Indigenous economic development and advancing reconciliation. The federal government must also put its own house in order by coordinating its efforts, accelerating the establishment of federal protected areas and demonstrating political will, including through the provision of funding.

The Liberals do say that, somewhat, in Bill C-55 and, yes, we did recommend in Bill C-55 that we speed things up. However, to move to 5% in three months, by dictating the areas first and then start consultations after, is not what the standing committee reported to the government to do after listening to a number of witnesses across this country.

Again, a broken promise. The government does not even want to listen to its own members on the committee. It just wants to do as it sees fit, and expects people to follow suit.

I would like to go to another area of this report. One of the recommendations, in fact the first recommendation by the committee that studied this only a year ago was:

That a national stakeholder advisory group to advise the conservation body be established representing, among others, municipal governments, civil society, private landowners, conservation specialists, industry, academics and Indigenous groups; and that a process be put in place through which individuals, in particular Indigenous peoples, or organizations may suggest priority areas for protection.

Let us go back to what the Liberals are stating in Bill C-55. They state that by introducing Bill C-55, the legislation would allow for an interim designation of significant or sensitive areas identified by scientists.

Where in there does it say scientists? It says academics. It says aboriginal groups. It says stakeholders. It does not say scientists. I am not mocking scientists. Science is needed to establish these areas. However, the Liberals have gone completely, totally, against a standing committee that made very strong recommendations. Those recommendations were made on the information received from aboriginal people and stakeholders from coast to coast to coast.

However, it is not in the interests of the Liberals to follow the recommendations that were presented by the committee. They are just going to do as they see fit.

As I mentioned earlier, it bothered me to have the Canada Petroleum Resources Act thrown in with Bill C-55. Why focus on oil and gas? It appears, over the last little while, that the Liberals are attempting, any which way they can, to stop future oil and gas development in Canada.

I want to read recommendation no. 1 again. It says:

The federal government has a variety of roles to play to meet our targets.

It is not one specific target; namely, to get rid of the oil and gas sector in Canada. All we have to see, if we go from the last three or four months, or the last year, is that the Liberals want to probably change the strongest regulatory controls in the world held by the National Energy Board, the Alberta Energy Regulator, and the B.C. Oil and Gas Commission. We have much scientific evidence that shows that these are the best anywhere. However, it is not good enough for the government. It is going to come up with new forms of stopping the oil and gas industry.

I want to read recommendation no. 22 from this report, entitled “Taking Action Today: Establishing Protected Areas for Canada's Future.”

The Committee recommends that the Government of Canada place a priority on collaborating with indigenous peoples, northern governments, and stakeholders to protect highest ecological value arctic waters for traditional uses and future generations.

Is this being done? No, it is not. They are putting scientific evidence in there. They are telling them what areas they are going to pick. They are then going to consult with them, and basically tell them that this is what they will end up with.

On page 2 of the report, the recommendations refer to accelerating the establishment of national parks, national marine conservation areas, migratory bird sanctuaries, national wildlife areas, marine protected areas, and other federally protected areas, by establishing multiple protected areas concurrently; ensuring that no federal policy or legislation such as the mineral and energy resource assessment and the Canadian Petroleum Resources Act slows the process of establishing protected areas.

The committee did not say to get rid of that act, but Bill C-55 is saying that. Why did they just pick on the Canadian Petroleum Resources Act and not talk about the energy resource assessments or any of those others? They are just going after the oil and gas sector.

The report further talks about helping to coordinate the establishment of networks to protected areas: creating a federal protected areas system plan that incorporates not just national parks but all federal protected areas, terrestrial and marine, creating a mechanism for federal, provincial, municipal, and indigenous co-operation and encouraging public participation in the establishment of protected areas; and leading science-based assessments toward identifying protected areas, and so on.

They are using science to help, after we go through the consultation periods, meet with industry, the stakeholders, the indigenous groups, and we work together, united, Canadians, to come up with the areas that should be protected spaces.

I want to read a quote from a witness who appeared before the fisheries and oceans committee recently. Sean Cox is a professor at Simon Fraser University, and quite a leading expert in marine life. He said:

Looking at some of the previous testimony, there was a claim that there was overwhelming scientific proof that MPAs are beneficial and widely successful. I think that was misrepresentation of the actual science.

He went on to say:

Just enforcing MPAs would be hugely expensive. Again, if you're looking at it from a fisheries management point of view, it's far more cost effective to do other things that don't cost that much....

MPAs aren't likely to be effective scientific tools, either. They're not easily replicated. When you put in an MPA, it's subject to a high degree of what we call “location and time” effects. You can't just create a nice experiment where you have three of the same type of MPA in one place and then three control areas in another place. You just can't do that. They're wide open to outside perturbations, environmental changes that are not within our control.

If we want to build on a process of trust and goodwill, we cannot then ignore what our stakeholders have to say and consult only a minority of the protected areas that are being recommended.

This is what is happening with Bill C-55. They are going to tell the aboriginal communities. They are going to tell the stakeholders, “These are the areas we picked. Now we can sit down and talk about that”. Is that proper consultation? No, it is not. It is a completely opposite direction from what our report asked them to do.

He goes on to say that, as soon as we do that, we no longer have a network of protected areas, so it begs the question why we went to such elaborate lengths to put together these design criteria, if in the end all we were going to do was cherry-pick a few sites.

That is what is happening with Bill C-55: they are cherry-picking a few sites.

Oceans ActGovernment Orders

September 28th, 2017 / 4:45 p.m.
See context


Jim Eglinski Conservative Yellowhead, AB

Mr. Speaker, I totally agree that we need to work with the aboriginal communities. We need to fund aboriginal communities, wherever they be, whether it is the west coast, the east coast, or the Arctic. They are the true keepers of the land. Through traditional history, they know what has taken place and what may take place, and they are better equipped than any government body or organization to do such a thing.

We heard from many groups from the west coast when we toured there last summer, and we met and talked about expanding these protected areas. They very much want to be part of that. Our committee recommended that very strongly in our report. In fact, we recommended money be put forward and that it be ensured that they are part of these protected spaces.

I do not see that in Bill C-55. In Bill C-55, I see that the government wants to dictate and it wants to consult. I do not know how it is going to consult with everybody in three months. We need to take the time and effort, and we need to meet with our indigenous neighbours. When we make these new protected areas and they are picked, they should be picked in consultation with them, not with some scientists telling them. We should then work together to come up with a plan on how they can manage them for the government.

Oceans ActGovernment Orders

September 28th, 2017 / 4:55 p.m.
See context


Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act. Having just become a member of the Standing Committee on Fisheries and Oceans, this is certainly an important topic for me, and I look forward to debate on this bill.

This bill would make a number of changes to the framework through which the government designates coastal and ocean areas as marine protected areas, otherwise known as MPAs. An MPA is defined by the Department of Fisheries and Oceans as “a part of the ocean that is legally protected and managed to achieve the long-term conservation of nature.” Essentially, MPAs prohibit or limit certain activities in the area, depending on their impacts to the ecological features that are being protected. Therefore, the overall intent is conservation, conserving the environment and species within these protected areas.

I have always been a supporter of efforts to conserve Canada's lakes, rivers, streams, and coastal areas. While I know this is outside the scope of this legislation, I have served alongside a number of local sportsmen's associations in Bruce—Grey—Owen Sound to protect the local inland fisheries. Furthermore, I am very proud to say that Bruce—Grey—Owen Sound is home to Fathom Five National Marine Park. Established in 1987 as Canada's first ever national marine park, it protects the local environment, as well as allows Canadians to witness some of the cleanest and clearest water one will ever see. It is a benchmark for conservation efforts.

Conservation efforts are paramount to protecting our environment, but they must be done in the right way, with proper consultation, and must take into account a range of diverse issues, including the specific ecological needs of the area being protected, as well as social, economic, and cultural factors. It is my fear that Bill C-55, in an effort to promote conservation, will not give due consideration to the range of factors that must be considered when establishing an MPA.

Designating an area as an MPA can often take several years, as the process requires a significant amount of consultation with all stakeholders involved and a full assessment of the scientific evidence available. What Bill C-55 would do is create conditions for the Minister of Fisheries, Oceans to simply designate areas on an interim basis, and once the interim protections are in place, the minister would then have five years to recommend that the interim designation become a permanent MPA.

It is quite clear that this bill is in response to the Liberal Party's promise in the last campaign, which subsequently worked its way into the mandate letters of the Minister of Fisheries, Oceans and the Minister of Environment . Their Liberal platform stated that if elected, the Liberals would increase the amount of Canada's marine and coastal areas that are protected to 5% by 2017, and 10% by 2020.

The provisions in Bill C-55 would certainly make delivery on this promise much easier for the government, but there are costs associated with moving at this unreasonable pace. We are again seeing the government move forward with a timeline that is strictly tied to a campaign promises rather than reasonable timelines. This makes for good politics, but it certainly does not make for good policy.

For example, once an area has an interim designation, it would be very difficult to reverse. Once the minister decides to deem an area as an interim MPA, there would be restrictions, regulations, and prohibitions put in place that would affect the use of the area for a full five years. What if, for instance, at the end of the five years, it is determined that the area should not be deemed to be an MPA? This could very easily happen. It would appear to me that this is a classic example of the old adage of putting the cart before the horse. It would be a much more effective process to fully examine all of the evidence in advance in a fulsome process to determine MPAs rather than just creating a piecemeal approach whereby areas are designated on an interim basis and then reviewed.

This is all the result of arbitrary, self-imposed deadlines that are unreasonable and will result in a rushed and, quite frankly, messy process. Already a large number of academics, industry representatives, and commercial and recreational fishing groups have come forward to oppose these targets. They state that speeding up the process will only increase pre-existing concerns surrounding lack of consultation, transparency, and inadequate science. That final point is the one I want to highlight, because I have deep concerns about a section of the bill that deals directly with the use of science in decision-making about MPAs.

In the summary section of Bill C-55, paragraph (d) states that the bill will “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...”

That goes away from what the government has talked about in some cases, in saying it wants to be science-based. It is an open door to basically ignore a lack of science. I cannot get my head around that one. Essentially, what it says is that even if there is no concrete, scientific evidence that an activity is affecting the local environment, the minister cannot use this as a reason to postpone or refrain from a designation.

For a government that is hell-bent on making evidence-based policy, I find this very odd, as do most Canadians. It is saying that even if there is no evidence at all, for example, that vessels are causing a disturbance to a local area, it will still forge ahead and prohibit the operation of vessels in a certain area. It makes no sense whatsoever. This is all despite having no evidence that the prohibition will result in ecological benefits either. Again, this offers the government another way to meet its arbitrary political deadlines.

At the Standing Committee on Fisheries and Oceans we have undertaken a study of this topic to examine whether the current guidelines achieve the intended benefits of MPAs; assess the social, economic, and environmental impacts; and ensure that all traditional uses and values are respected when it comes to MPAs. We have just started hearing from witnesses this session. On Tuesday both the Cruise Line International Association and the Pacific Pilotage Authority expressed that they were quite concerned about how the proposed timelines would and could affect their respective industries.

I would like to take some time now to highlight what individuals from some communities have been trying to tell the government throughout this process.

Ian MacPherson of the Prince Edward Island Fishermen's Association stated:

[The Prince Edward Island Fisherman's Association] understands the requirement to protect marine environments, but we do have concerns surrounding the tight timelines to accomplish these goals.

We can sense a theme here. He went on to say:

The first step to designating a ministerial order MPA is to gather existing scientific, economic, social, and cultural information on the area. Prince Edward Island is a small province driven by small fishing communities. The displacement of fishers from one community to another as a result of an MPA would shift the economics of the island. Throughout the consultation process, fishing areas were discussed, but not the economics of how a large MPA along the small coastline of Prince Edward Island would impact the island.

Fishing is the lifeblood of many communities on P.E.I. Protection of the environment is paramount, but it must be done in a responsible and prudent manner.

We all know that the new proposed Liberal tax changes will also be shifting the economics of the island when it comes to small business and local fishing businesses. By the way, just this morning at the fisheries and oceans committee, the Liberals rejected a Conservative motion to study the impacts of these changes on small fishing businesses and businesses that depend on aquaculture. Of course, the government members all voted against this motion. They do not want to talk about the damage that these tax changes would do to the fishers and other small businesses across the country.

There is no denying that the protections need to be in place to ensure the health of our waterways for future generations. We all get that. The Conservative Party is not opposed to the creation of MPAs. In fact, we have championed conservation and marine protection in the past, establishing three MPAs under the Oceans Act, including of the Musquash Estuary in New Brunswick, Bowie Seamount off the coast of British Columbia, and Tarium Niryutait in the Beaufort Sea. I apologize to anyone from any of those communities if I mispronounced those place names.

Additionally, the previous Conservative government invested $252 million over five years through its national conservation plan to secure ecologically sensitive lands, support voluntary conservation and restoration actions, and strengthen marine and coastal conservation.

Striking the right balance between the protection of marine habitats and the protection of local economies that depend on commercial and recreational fishing is critical. I, along with the numerous witnesses who have appeared at the committee, agree that the current Liberal government is failing to strike that balance. We understand the economic importance of fish and seafood to the Canadian economy from coast to coast to coast.

Oceans ActGovernment Orders

September 28th, 2017 / 5:05 p.m.
See context


Larry Miller Conservative Bruce—Grey—Owen Sound, ON

To coast. To the member for Niagara Falls, that is one of his pet projects, and that is okay.

The previous Conservative government focused on building existing international markets and introducing new ones, while making significant investments in areas like marine research, harbour infrastructure, lobster sustainability, aquaculture innovation, and indigenous participation. Our fisheries are the lifeblood of our rural and remote coastal communities. They drive billions of dollars toward our national economy each and every year.

Rather than consulting the communities that would be most impacted by the government's plan on marine protected areas, the minister has chosen to fast-track this process to meet the government's self-imposed political targets. Speeding up the MPA designation process has the potential to have disastrous consequences in the form of job losses and fisheries closures if true consultation is sacrificed for expediency.

Jim McIsaac, the managing director of the BC Commercial Fishing Caucus, had this to say:

We need to engage stakeholders from the start, not bring stakeholders along at the end. We have to set outcome objectives, and the process should fit the objectives. We should build tools to fit the process and get the place and the scale right for that.

Right now on the west coast we have 10 or 12 different MPA processes. It's impossible for the fishing industry to engage in all of these in a kind of comprehensive way. We need a place where we can sit down and set some of these overarching objectives. If we don't do that, it's just going to disintegrate into a mess.... We need a way to bring all available knowledge into these.

Consultation should not be done with the objective of checking a box and ramming through changes. The dialogue that was happening at committee and is playing out in the media is important.

It is not just the fishermen who would be affected by Bill C-55. The bill has the potential to impact resource projects and create lengthy delays in the approvals process. It would also give activists and non-governmental organizations the right to lobby the government in an attempt to achieve interim protection for a specific area, regardless of the science. That, again, is one of the main problems with this bill. This could alienate fishing grounds, marine activities, or resource projects for up to five years without adequate consultation or science.

It is interesting that the Nunavut minister, Johnny Mike, used his member's statement in the Nunavut legislature last week to speak specifically to the Liberal government's lack of consultation when it came to Bill C-55. He said:

As Pangnirtung residents, we are well aware of the potential in our offshore areas which are used for economic opportunities today by interests from outside of Nunavut....

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.

I was in Pangnirtung when I was chair of the transport committee. It is a beautiful little community on the northeast shores of Baffin Island. We opened the first Arctic small craft harbour there. I would urge members, if they get a chance, to go there. It is a rural community. It is remote, and the dependency the residents have on the water is immense. I cannot say enough about the value of it to them. Therefore, the residents want to look after the quality of that water so that they have fishing available for them and their families for generations to come.

When I hear about this lack of consultation with people like Johnny Mike and his constituents, I think that sends a signal that we do not really care what they think and we are going to go ahead and do this. That is not the way to do things.

I have used almost the entirety of my speech to show that the Liberal government is once again ramming through a political agenda with no care for the people on the ground who would be directly affected by these changes. Local government, industry, and family businesses are shoved aside. The Minister of Fisheries, Oceans and the Canadian Coast Guard needs to stop playing politics with our fisheries and come up with a real plan that will support high-quality, well-paying jobs in our coastal communities. We should not be punishing the very individuals who want to come up with a fair plan for the environment and for our oceans, rivers, lakes, and streams.

Instead of expediting this dangerous piece of legislation, we should be working together with these groups that clearly want to be involved in this process. We should take the time, look at the science, and truly engage our stakeholders. Let us figure out what has worked and what has not and base our decisions on legislation on true consultation. If we go ahead and put in interim MPAs without having done that, we could, in the long run, delay the process and harm an area with unintended consequences.

I urge the Minister of Fisheries, Oceans and the Canadian Coast Guard and the other 30 members from Atlantic Canada to rethink this legislation and take the time to get it right. We all know what the value of the fishing and seafood industry means to eastern and western Canada. I know that it would be in the best interest of all their constituents to speak up on this, do what is right, and consult in a proper way.

I will conclude by presenting an argument from academics who have commented on MPAs in the past. This particular article expresses concerns about moving forward with designations too quickly when it comes to MPAs. The article states:

In promoting MPAs it is important that there is a good understanding of the conservation science underlying marine protection in terms of the factual foundation and long-term implications. Ignoring this may lead resource managers and policymakers to make ill-informed decisions regarding MPAs, resulting in poor MPA design and performance.

In closing, I urge the government to heed this advice. Stop moving forward with these arbitrary deadlines, abandon the plan for interim designations, and ensure that MPAs are established based on fulsome consultations and thorough review of all scientific evidence.

I would like to say that if the government makes the right amendments to the bill, there may be surprisingly more support out there than the minister may have thought. However, until that is done, I will be voting against the bill.

Oceans ActGovernment Orders

September 28th, 2017 / 5:25 p.m.
See context

Winnipeg North Manitoba


Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I listened to the member and a number of the concerns he has spoken of today. I must admit that I am a little surprised. I had anticipated that the Conservatives would be more sympathetic to the legislation. I do not quite understand why they would oppose something that advances what all Canadians are concerned about. Our oceans affect us all, the entire country from sea to sea to sea, in a real and tangible way.

The bill would move Canada forward not only in terms of our taking a progressive step forward internally but also in terms of continuing that international point of view. It clearly demonstrates that part of our Canadian values is to better understand and appreciate what takes place in our oceans. It is a part of our very fabric as Canadians.

The oceans have provided economic and social leisure, and all sorts of other benefits to us as a society. We all understand and appreciate their humongous economic impact. If one wants to get a better understanding, one should talk to the Atlantic caucus, where concern for our oceans and making sure that we are moving forward are hot topics all of the time. That is not to take anything away from our B.C. caucus, which is also a very strong advocate and supporter of the legislation. Of course, being from Manitoba, some might think it is landlocked, but it is not because we go right up north to Churchill. Even in Yukon and our other territories we have been fortunate as a nation to have what I believe is the longest ocean coastline of any country in the world. Given that background, one would expect to see something positive from the government.

I often talk about the many different accomplishments of this government, and we always highlight the middle class because that is our first priority. However, the number of things we have accomplished in these past two years is noteworthy. This particular piece of legislation will also make a difference. Therefore, I would encourage the members of the Conservative caucus to revisit their position on Bill C-55, because it does provide some tangible benefits.

The Government of Canada is committed to increasing the proportion of Canada's marine and coastal areas that are protected to 5% this year, and 10% by 2020. That is a significant amount of territory. It demonstrates very clearly that the government is truly interested in what is taking place in our oceans and wants to protect them wherever it can.

We talked about achieving these targets, and the members across the way made reference to the issue of science. This is a government that generally believes in science, unlike the former Harper government, which at times was challenged on that issue. Rest assured that we will use the sound science that is out there to at least provide us with the necessary guidance, and also to support very transparent decision-making by this government. Those are the types of things we are very much committed to.

The act clarifies the responsibility of the Minister of Fisheries and Oceans to establish a national network of protected areas. That is something of substance, yet the Conservatives do not seem to think that the bill is moving us forward.

It would empower the minister to designate marine protected areas by an order prohibiting certain activities in those areas. I do not quite understand why the Conservatives would oppose that outright. If they looked at the principles in the legislation, they would find that it is good, sound legislation that would in fact make a difference. They should support it and then look at ways to enhance or change it when it goes to committee.

Oceans ActGovernment Orders

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

Beauséjour New Brunswick


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 / 4 p.m.
See context


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?