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

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

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

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

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

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

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

Oceans ActGovernment Orders

September 28th, 2017 / 5:15 p.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, I understand my colleague's concern in regard to moving ahead too quickly, but the reality is that Canada made a pledge. We promised that we would make sure that these protected areas were in place. We pledged 5% by 2017 and 10% by 2020. Having said that, I agree that this particular bill does not keep up to what is needed. I would call it a bit of greenwashing on the part of the government.

To get to the point in regard to the intent of having a protected area, we have seen the tragic death of many right whales in the Gulf of St. Lawrence. There is something terribly wrong there, and unfortunately, this particular legislation would allow the exploration of oil and gas in these very delicate areas.

Would my esteemed colleague agree that perhaps the government should take another look at this plan to allow the exploration of oil and gas in these areas and show some concern for a population that is endangered, such as the right whale population?

Oceans ActGovernment Orders

September 28th, 2017 / 5:15 p.m.
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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, after listening to my colleague's opening remarks, if I did not know better, I would think she is part of the government that proposed this plan, but I realize, from where she is sitting, that she is not.

It is quite clear that my colleague believes that this is a flawed bill. I would take it that she will do the right thing and stand up and vote against it.

Whether it is right whales or any other kind of marine life, nobody likes to see things like that happen. My colleague seems to be implying that the right whales that have been found dead died because of something man did. I believe that is not the case. I hope they find out what it is that killed them, whether it was a virus or something they got.

We should do everything we can to protect marine life. In the gulf between the island and the mainland of Vancouver, ships slow down in certain areas. That is all part of protecting marine life. It is costly to businesses, but it is the right thing to do. We just have to keep improving on those kinds of things.

Oceans ActGovernment Orders

September 28th, 2017 / 5:15 p.m.
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Conservative

Jim Eglinski Conservative Yellowhead, AB

Mr. Speaker, the Liberals cannot meet their deadline of 5% by 2017, especially if they do not get engaged in consultation. That is another broken promise on the pile that is almost as large as our current deficit. The Liberals came up with a workaround, in the form of Bill C-55, that would allow them to meet their political timelines.

Do you see that this may impact our sport fishing recreational activities and our commercial fishery from coast to coast to coast, without having proper consultation?

Oceans ActGovernment Orders

September 28th, 2017 / 5:15 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

I would just remind members to put their questions through the Speaker.

Oceans ActGovernment Orders

September 28th, 2017 / 5:15 p.m.
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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Absolutely, Mr. Speaker. My colleague from Yellowhead gets it. He listened to what I was saying. The only way the government can meet its self-imposed, arbitrary deadline is to basically ram the bill through and not deal with the consultation part. Every witness we have heard so far has talked about the lack of consultation. The government can do it if it wants to do it, but I can guarantee the member that there is no way it can get it right if it does that.

Oceans ActGovernment Orders

September 28th, 2017 / 5:20 p.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, I certainly am familiar with the member's riding, which is a beautiful riding that has a lot of coastline. It is almost as nice as Scarborough—Guildwood. The member knows, as well as I do, that it is a lovely riding.

The hon. member suggested that he was a little upset with the phrasing in proposed section 35.2, which states:

the Minister shall not use lack of scientific certainty regarding the risks posed by any activity

I am curious whether the member is open to amendments. Does he want the phrasing to say that there should be absolute certainty before any action is taken, or does he want that section taken out altogether and there should be no reference to scientific certainty?

I do not quite understand the hon. member's position. He cannot have it both ways. It is either absolute or it is nothing or it is framed the way the government has framed it, which is to say “shall not use lack of scientific certainty regarding the risks posed”.

I will be interested in the hon. member's response to that concern.

Oceans ActGovernment Orders

September 28th, 2017 / 5:20 p.m.
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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, Bruce—Grey—Owen Sound is so beautiful that the member's sister left Scarborough—Guildwood to come up and live with us. I do not think she regrets it one bit. She actually lived in the township where I was married before I came to this place.

On a serious note, I think the member knows where I am coming from on this. When the government enacts something with a lack of scientific evidence, it is not actually doing something based on science. It is pretty self-explanatory.

That is all we are trying to point out. I pointed it out. I believe a number of other members have pointed it out. Let us do it based on science and not on a lack thereof. The government would have a chance to get a much better bill and would probably have broader support than first thought.

Oceans ActGovernment Orders

September 28th, 2017 / 5:20 p.m.
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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Mr. Speaker, the hon. member is new to the fisheries committee, and he has done a great job getting up to speed on this file. We have been studying MPAs for a number of months.

We heard testimony just today from Dan Edwards, executive director of the Area A Crab Association, B.C. He said that MPAs are oversold as a conservation process. He talked about rockfish conservation areas that have been in place in B.C. They are not considered MPAs, yet they have been doing an incredible job of restoring those rockfish areas off the west coast of B.C.

Could the member elaborate a little more on that testimony we heard today about the consultation and the consideration of other opportunities for conservation?

Oceans ActGovernment Orders

September 28th, 2017 / 5:20 p.m.
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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I meant to mention in my comments what one of our witnesses said today about MPAs being oversold. I want to point out that while the witness clearly said that, it is obvious that the witness, whose family has depended on the oceans for their livelihood for generations, wants the water quality and the fish and aquatic life to be healthy as well. All he was saying when he said “oversold” is that creating an MPA just for the sake of creating an MPA is not the way to do it.

There needs to be consultation with everyone involved, all the communities, aboriginal and otherwise. Hopefully the government sees its way to doing the right thing on this.

Oceans ActGovernment Orders

September 28th, 2017 / 5:25 p.m.
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Winnipeg North Manitoba

Liberal

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 28th, 2017 / 5:30 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The next time this matter is before the House, the member will have 14 and a half minutes remaining to finish his speech.

It being 5:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's Order Paper.

The House resumed from September 28 consideration of the motion 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.

Oceans ActGovernment Orders

September 29th, 2017 / 10:05 a.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, I will be splitting my time with the member for North Island—Powell River.

I want to thank the government for presenting the proposed legislation to the House for debate.

No one on our planet has officially declared them an enemy but, make no mistake, our oceans are under attack. Canada has pledged to the international community to protect 5% of Canada's marine areas by 2017 and 10% by 2020, with the aim of halting the destruction of habitats and ecosystems to protect our oceans.

To date, Canada has only protected 1.5% of its oceans with marine protected areas, and we are falling behind. China is at 1.6% and Japan at 5.6%. Australia and the United States are much further ahead, with 33.2% and 30.4% protected respectfully. Canada needs to set strong protection standards in line with the International Union for Conservation of Nature, and set legislated protected targets, if it is to meet its international commitments.

While Bill C-55 is unquestionably a step forward, it is a small one, with many glaring weaknesses. Two glaring weakness I would like to address directly are its failure to address the specific threats posed by marine debris and plastics in our oceans, and that it does not acknowledge the need for direct, permanent, and easily accessible funding for marine and coastal debris cleanup.

One of the greatest threats to the health of our oceans is the disposal of plastics into these beautiful bodies of water, be it accidental or purposeful disposal by cargo ships, so-called “ghost gear” lost by fishers, derelict fishing and pleasure craft, human waste from tourism and recreation, or the careless disposal of single-use consumer plastics. We are rapidly destroying our ocean and coastal ecosystem with plastics.

A study conducted by the Ellen MacArthur Foundation in Great Britain found that plastic production has increased twentyfold since 1964, reaching 311 million tonnes in 2014. It is expected to double again in the next 20 years, and almost quadruple by 2050. If humanity continues down this path, the ocean is expected to contain one tonne of plastic for every three tonnes of fish by 2025, and by 2050 plastics will outweigh fish. Therefore, by 2050, there will be more plastic in our oceans than fish.

While Bill C-55 and the ocean protection plan has some good measures, I find it baffling that there is no mention of either the word “plastic” or “debris” in the proposed legislation. Therefore, to illustrate the threat posed to our oceans and coastline with debris and plastics, I would like to highlight two local cases from Courtenay—Alberni: the Denman Island and Baynes Sound industrial debris epidemic, and the Hanjin debris field between Tofino and Ucluelet on the west side of Vancouver Island.

The Denman Island and Baynes Sound debris epidemic is caused by the local shellfish industry activity, although other sources have contributed to this problem.

Baynes Sound is home to 50% of all the shellfish aquaculture produced in British Columbia. In fact, 38% of the herring spawn on the west coast runs through Baynes Sound. Herring is critical. It is critical to our salmon, which is also critical to our orcas. Everything is interconnected when it comes to our sensitive marine ecosystems on the west coast.

Since the onset of DFO-regulated aquaculture, Denman Islanders have cleaned up between four and five tonnes of aquaculture debris each year in their annual cleanup initiative. The shellfish industry is a vital local economic driver, and it has made a serious effort to reduce its waste. However, it is the dedicated volunteers, local residents, who have engaged in these cleanup initiatives on many days and weekends each year, and they receive no official support or funding from the federal government.

The Hanjin debris field between Tofino and Ucluelet on the west side of Vancouver Island is well documented in the House. However, it bears mention, given the nature of the bill and the government's continued inaction on marine debris.

The Hanjin debris field was caused when 35 large shipping containers fell off an international cargo ship last November. It was the locals who came to the rescue as huge metal pieces of cargo spread along our coast. There were large swaths of styrofoam connected to those metal pieces that spread out. However, government inaction has actually increased the cost of cleaning up the spill.

This spill occurred in November. We were in the House raising this concern, calling on the federal government to take action, but it did not support this call to action. It was the government's negligence that allowed this spill to spread, and now it is costing local communities thousands of dollars to clean it up.

I have to applaud Pacific Rim National Park Reserve staff, because they appealed to the bankruptcy court of the shipping company, Hanjin, and they received $76,600 from the estate. That money went back to Ottawa within a month of this incident, yet Ottawa sat on that money until May before it started releasing it to the community to do the job. It is unbelievable to see how inept the government was at getting the money back to the community to do its work. This tripled the cost to the community.

The government itself has contributed nothing to this cleanup effort, which was one of the largest marine debris spills on the west coast. This is the government that takes pride in saying that it has a great ocean protection plan. It claims to be looking out for us and protecting our coast, but we on the ground know what it looks like.

It is volunteer groups like the Pacific Rim chapter of Surfrider that came to the government's rescue. These are great Canadians, who have put aside their own time in the community to protect the environment.

The Denman Island and Baynes Sound debris epidemic and the Hanjin debris field were the result of a massive amount of debris and plastic washing ashore along our beautiful coastline. That threatened our ecosystems. This debris was left there until volunteers engaged in tedious and lengthy cleanup efforts at their own expense.

I want to thank local groups like the Pacific Rim chapter of Surfrider. Clayoquot Action raised $90,000. People went out in barges and helicopters to remove this debris on their own, because they could not wait any longer. Denman Island Marine Stewards, CPOC, the Wild Pacific Trail Society, and Tla-O-Qui-Aht First Nation tribal parks are groups in my riding alone that stepped up to the plate because of government inaction.

Nationally, we see there are groups like the World Wildlife Foundation and West Coast Environmental Law. Ocean Legacy is a group that goes up and down the coast collecting marine debris. It has received nothing from the federal government today, except for $25,000 for the Japanese tsunami debris. It took eight months for that money to get back to the communities after Ottawa sat on it while debris lined up along our coast.

The Vancouver Aquarium and University of Victoria environmental law centre are also doing great work to raise awareness about the need for federal action on marine debris.

I want to compliment these groups. These are great Canadians, and the government has not had their backs. Instead of empowering them, it has disempowered them by leaving them hanging out to dry.

It has been local governments, like the District of Tofino and District of Ucluelet and the Alberni-Clayoquot Regional District, that recently came to save the day after local volunteers collected tonnes of marine debris and trash and put it together in super sacks. The Pacific National Park promised to pick up the debris and remove it, but it ran out of money. The local communities were told that they could not finish the job. It was the local government that stepped up to the plate, because it was not going to betray local communities like the federal government has done so far.

Again, I want to compliment those local leaders for making sure that they have the local people's backs. They are truly committed to keeping our marine and coastal ecosystems clean. They want the government to feel the same way and to be partners in their efforts, directly and permanently, with accessible funding to support their work.

The government keeps talking about its ocean protection plan. I will tell the House what it looks like so far. The government made an announcement on derelict vessels and committed $6.8 million over five years, roughly about two boats a year, despite the fact that it has identified 600 abandoned and derelict boats. It will take about 300 years to clean up the abandoned and derelict boats with the way that the Liberals are going.

Washington state is a great model. My colleague from Nanaimo—Ladysmith has presented her Bill C-352, which contains a comprehensive coastal-wide strategy to clean up abandoned vessels. The government could adopt this legislation, but it has decided not to.

There is the coastal restoration fund on salmon. The government has not given money to communities like mine, which desperately needs it.

We have seen how the Liberals have handled marine debris. We have seen how they have failed to deliver marine training, as they promised, to indigenous communities. The Liberals are falling well short of delivering on their ocean protection plan to coastal communities.

I want to close my remarks by thanking the government for tabling the bill. We will support Bill C-55 at second reading, but the government needs to set minimum protection standards and targets for zoning for marine protected areas. It renders the designation inconsistent at best and meaningless at worst, if they do not do something to deal with the ramifications of everything and have everything interconnected.

Oceans ActGovernment Orders

September 29th, 2017 / 10:10 a.m.
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Conservative

Martin Shields Conservative Bow River, AB

Madam Speaker, I very much appreciate the comments from my colleague from British Columbia. Given his age and mine, I probably remember having been in the Pacific Rim park before he was born. It is a beautiful area in one of those natural areas in Canada that as Canadians we much admire and visit.

One of the things he mentioned was volunteers. That is one of the things we see in our communities, particularly the people cleaning up our ditches on public roads. There are the 4H clubs and community organizations. Those truly are volunteers, and we very much appreciate the things they do.

My question is, how can we recognize those volunteer groups that he has listed for the work they do? How can we continue to support them and recognize them for their great efforts in the Pacific Rim National Park area, like the volunteers I see in my constituency?

Oceans ActGovernment Orders

September 29th, 2017 / 10:15 a.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, I am glad that my hon. colleague from Alberta has been to our beautiful region, and I hope he comes back. I hope when he comes back, he will see that the government has supported these great Canadians he talked about. People are working two and three jobs to afford to live in the Pacific Rim because of the cost of living, yet they put aside their valuable recreation time to get out and clean the beaches, protect the ocean, and do the government's job when it fails them.

We need to at least have their backs. These volunteers went out and collected all this debris, and the government made a promise that it was going to airlift it out and remove it. The government turned around and said it did not have any money for that. We need to empower our volunteers, make sure we follow through with our commitments, and make sure we have funding to support cleanup initiatives, especially when it comes to volunteers.

The amount of excuses that the government piled up instead of doing its job are absolutely embarrassing, as it should be to everyone in the House and the country. For the government to say that some of this garbage was from marine debris cleanup and some from other stuff, is just endless. The ocean protection plan needs to actually do what it is supposed to do, and that is protect our oceans.