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

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

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

Votes

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

Bill C-55—Time Allocation MotionOceans ActGovernment Orders

April 25th, 2018 / 3:55 p.m.


See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, I move:

That, in relation to Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act, not more than one further sitting day shall be allotted to the consideration at third reading stage of the Bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

April 24th, 2018 / 8:45 a.m.


See context

Beauséjour New Brunswick

Liberal

Dominic LeBlanc LiberalMinister of Fisheries

Thank you, Madam Chair. Thank you, colleagues.

Thank you for inviting me to appear before the committee again. I am always pleased to be here with you.

If you are having a hard time understanding me, it is because I have had a cold for about two weeks. My apologies.

Madam Chair, I want to congratulate you on being elected chair of the committee. You are very familiar with fisheries issues since the fishing industry is so important in your riding.

My sincere congratulations. I look forward to working with you and the members of the committee.

As you said, Madam Chair, I am joined today by two senior officials of our department, Philippe Morel and Mark Waddell. When you have very technical questions on particular sections of the legislation, rather than my trying to answer in a way that may mislead you, I would obviously want them to join in and provide you with that information.

On February 6, our government introduced in the House of Commons an anticipated piece of legislation that will bring some much-needed changes to one of Canada's oldest environmental laws.

Once again, I'd like to thank this committee for the study they did on the 2012 changes to the Fisheries Act. I have said before that I believe that a great deal of what our government has suggested as amendments was inspired by the work of this committee, so I want to thank you. Your hard work helped shape the legislation you have before you today, which was voted on at second reading in the House of Commons, and as a government, we look forward to working closely with this committee.

We reached out to all Canadians to hear their ideas about how to restore and modernize the Fisheries Act and I think we listened. The response was incredible. We received thousands of letters and emails and held hundreds of meetings with partners, stakeholders, and indigenous groups. Tens of thousands of Canadians participated in online surveys through two phases of public consultation.

We have worked very closely with our provincial and territorial partners and with indigenous groups across Canada to make sure we hear their concerns and take them into account.

In addition to protecting fish and their habitat, we recognize that certain fisheries management measures have to be modernized for the long-term survival of our fisheries. The amendments proposed in the bill before you are as follows:

new tools to conserve and protect important species and ecosystems through modernized fisheries management measures; measures that will help rebuild depleted fish stocks and make habitat restoration a priority prior to the development of major projects; and amendments that will help clarify, strengthen, and modernize enforcement powers under the act.

If passed, the proposed amendments will also provide the power to implement regulations on owner-operator and fleet separation policies in Atlantic Canada and Quebec and will give force of law to these essential policies, which have existed for over four decades. This in turn, as you all know, will support the independence of inshore and midshore harvesters, which is critical to their economic livelihood as well as that of the families and coastal communities who depend on these important economic actors.

Our government promised to listen to Canadians about how to update the Fisheries Act, and I believe we've kept that promise. We've also listened to the concerns expressed by our parliamentary colleagues, with an aim to further improve, clarify, and strengthen this legislation. During the debate in the House on February 13, I took note of some of the concerns that were raised by our colleagues in the House of Commons. They included but were obviously not limited to a heavier regulatory burden placed on industry and major natural resource development projects; a need to protect environmental flows, which refers to the quality and quantity of water in rivers and how it contributes to the ultimate protection of fish; an unease about DFO's dual mandate to conserve wild salmon while promoting salmon farming, especially on the Pacific coast; and once this legislation is passed, the need for strong regulations around the rebuilding of fish stocks that have clear definitions and also consider the impact of climate change and species interactions.

I'd like to express my hope that we can work together again in the spirit of co-operation that I think this committee has always exhibited. Your committee did, we think, important work in improving Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act, in which five opposition amendments were accepted and passed by this committee. Those, in my view, made the legislation better.

I hope the legislation you currently have before you proceeds in the same spirit of collaboration. Obviously I would be happy to work with all members of the committee, if you have particular suggested texts of amendments. If there's any way that our department and the Department of Justice can work with you beforehand to ensure that, from our perspective, the text achieves what a particular member hopes, it's sometimes easier than having at the last minute some confusion whereby the Department of Justice says to us that a particular text, for whatever reason, is technically not achieving what the particular aim is. If any colleagues at this table want, in the spirit of co-operation, to share with us some ideas and we can help in any way, obviously we would be happy to do so.

As you have seen, Madam Chair, the proposed amendments in this bill that will have an impact on fish and their habitat are intended to better protect our natural resources for future generations, while preserving economic opportunities for the many individuals and their families and the communities that depend on those resources.

The proposed amendments will help reduce the regulatory burden on the industry while giving major project proponents greater certainty, which will improve the transparency and predictability of federal environmental assessments.

For small projects, the codes of practice will be published in part I of the Canada Gazette and will provide clear direction on how to avoid harmful effects on fish and their habitat. The same is true for agriculture and small municipal projects. People often say that they do not want to harm the fish and their habitat, and that they want to obey the law. So we are trying to find a simple way of balancing those aspects.

Another example is DFO's commitment to rebuild fish stocks. In 2017, our department launched a plan to put into effect rebuilding plans for 19 fish stocks on a staggered basis over four years. We have policies that set out requirements regarding stock rebuilding plans, including objectives and timelines aimed at rebuilding these stocks that take into account factors such as ocean conditions, species interaction, and habitat.

I believe that there are a lot of positive elements in this legislation that reflect input from numerous parties, including this committee, indigenous groups, industry, environmental groups, provinces and territories, municipal organizations, and the fishers themselves.

I've always thought that our collective responsibility as parliamentarians is to steward our environment with care and in a way that is practical, reasonable, and sustainable. I believe that the proposed amendments strike that important balance by safeguarding environmental protections for fish and fish habitat, something that Canadians are deeply concerned about, while also ensuring that mechanisms are in place for sustainable economic growth, job creation, and resource development.

As I look around the table, I see many colleagues here, Madam Chair, yourself included, who represent communities that depend, in some cases overwhelmingly, on the economic impact of Canada's fisheries. That's why this legislation, from our perspective, is an important piece of environmental legislation. It's also an economic piece of legislation in the sense that if we get that balance right, we can ensure the long-term economic prosperity of the communities that many of you represent, for generations to come.

Thank you, Madam Chair. Those are just a few opening comments, but obviously, I look forward to questions from colleagues.

Business of the HouseOral Questions

April 19th, 2018 / 3:10 p.m.


See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, this afternoon we will debate the Senate amendments on Bill C-25, business frameworks.

Monday, we will continue second reading debate of Bill C-74, on the budget.

Tuesday and Thursday shall be allotted days.

Wednesday, we will resume third reading debate of Bill C-55, on ocean protection.

Bill C-55—Notice of time allocation motionOceans ActPrivate Members' Business

April 18th, 2018 / 7:15 p.m.


See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Madam Speaker, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the third reading stage of Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act. Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Oceans ActGovernment Orders

March 27th, 2018 / 5:20 p.m.


See context

Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I am pleased to rise in the House today to again speak to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act.

I had the opportunity to speak to the legislation back in September at second reading. I expressed some serious concerns with the legislation and how it might affect fishers and coastal communities. It was my hope that the government would make some significant amendments to the legislation in response.

It was not just me expressing concern. A huge number of Canadians who rely on the ocean for their livelihoods have voiced their concerns loud and clear, but these concerns have fallen on the deaf ears of the government.

As I stated back in September, the provisions in Bill C-55 will certainly make delivering on the government's campaign promise of increasing the amount of Canada's marine protected areas much easier, but there are costs associated with moving at this unreasonable pace. We are again seeing the government move forward with a timeline that is so strictly tied to a campaign promise rather than having promises that are based on reasonable timelines. This makes for good politics, but it does not make for good policy.

For example, once an area has an interim designation, it will be very difficult to reverse. Once the minister decides to deem an area as an interim MPA, there will be restrictions, regulations, and prohibitions put in place that will affect the use of the area for a full five years. What if, for example, at the end of the five years it is determined that the area should not be deemed to be an MPA? 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 examine all evidence in a fulsome process to determine MPAs rather than create a piecemeal approach wherein areas are designated on an interim basis and then reviewed. Again, this is all the result of arbitrary, self-imposed deadlines that are unreasonable and will result in a rushed and, quite frankly, messy process.

At the Standing Committee on Fisheries and Oceans, the committee heard time and time again that the government was moving much too quickly and needed to take a step back to ensure the process for creating an MPA was actually based on scientific evidence and proper consultation rather than simply the will of the minister. My colleague, the member for Durham, eloquently explained that lack of science. While the government constantly pretends to base everything on science, quite obviously it does not.

A number of the amendments that the Conservative members of the committee put forward were rejected by the Liberals. These amendments would have made Bill C-55 much more effective and would have ensured that all those who would be affected by an MPA would be properly consulted before it was put in place by the minister.

I would like to take some time to present to the House some of the amendments that were rejected by the Liberal members of the committee, many of whom represent coastal communities by the way. In fact, six of the Liberal MPs on our committee represent Maritime ridings. Their constituents have told our committee constantly that they are not very happy with the lack of consultation and science.

Under Bill C-55, the Minister of Fisheries, Oceans and the Canadian Coast Guard, without any consultation with stakeholders, fishers, or community members, may implement an interim protected area. The committee heard time and again that an interim designation without any consultation was simply not acceptable.

Therefore, the Conservatives introduced an amendment to require the minister to give a 60-day consultation period before using his or her powers under this act. Given that the government's favourite word on almost any other topic is “consultation”, we naively assumed that this amendment would pass. Unfortunately, the Liberal members of the committee did not agree that it was a good idea for their constituents to have a voice and they ultimately rejected this amendment.

I represent a landlocked riding in Ontario, so the impact of Bill C-55 on my constituency is fairly minimal. However, that does not take away the fact, as I see it, as well as many of the constituents of the Liberal members at the fisheries committee see it, that this would take away their livelihood without any consultation. Nobody should have to put up with that. If this thing were affecting my constituents in Bruce—Grey—Owen Sound, they would be screaming bloody murder.

However, it truly boggles my mind that Liberal members at the fisheries and oceans committee would not fight against this legislation. We are supposed to be looking out for the best interests of our constituents, not the Prime Minister or the Minister of Fisheries and Oceans.

I feel truly sorry for the residents of South Shore—St. Margarets, Miramichi—Grand Lake, Avalon, and all other ridings of Liberal members on the fisheries and oceans committee. In 2015, they thought they were electing their voice in Ottawa. Instead it appears they have elected Ottawa's voice in their community.

Furthermore, the Conservative members of the committee also introduced two amendments that would have required some form of reporting to Parliament by the Minister of Fisheries and Oceans to update the House on the status of the MPA process and interim designations made under this act. Specifically, the amendment would have called for the minister to report to the House once per fiscal year regarding the administration and enforcement of this act for that specific year. The report would include any MPAs that were designated during that period, the extent to which, in the opinion of the minister, the conservation reasons stated for each designated MPA had been respected, and, finally, any further measures that the minister thought were required for any designated MPAs.

One would think that a party that has spent years in opposition, claiming that the former government had no respect for Parliament, would welcome this amendment with open arms. We were not asking the minister to come out every year and spill state secrets. It was simply to be a quick update on where things were at and where we were going. Unfortunately, once again, these amendments were rejected.

Before I wrap up my comments, I wanted to put on the record some comments that were made by Dr. Larry McKinney, executive director at the Harte Research Institute for Gulf of Mexico Studies at the University of Corpus Christi in Texas. Dr. McKinney is an expert on MPAs and has established a number of them throughout the United States. He told the committee that the MPA process worked best when the identification and establishment of MPAs were driven by the communities that would be impacted by their designation. He stated that the most successful MPAs he had overseen were the ones that were actually identified by local recreational fishers who saw a need for protection and worked with the government to protect these areas.

I always say that anglers and hunters are the true stewards of the environment and true conservationists.

The House resumed consideration of the motion that Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act, be read the third time and passed, and of the amendment.

Oceans ActGovernment Orders

March 27th, 2018 / 5:05 p.m.


See context

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Mr. Speaker, I thank the member for Durham for his fine intervention this afternoon. I take lessons from his speaking attributes. It is in admiration that I watch him.

I would ask the member if he sees the trend and traits that have been established by the government with its “we know best” attitude being reflected in Bill C-55, and with its proposed ability to close an area without any lengthy consultation and only one year of previous activity to be included. That trend is following, and we saw it in fisheries committee this morning when we tried to put forward a motion dealing with an issue of poor interaction between the Minister of Fisheries and the Minister of Transport, causing great consternation with fishermen in Atlantic Canada, hampering growth, and hampering activity in Atlantic Canada. We put forward a motion to try and put an end to that and get the two ministries together, but the Liberal members, mostly from Atlantic Canada, shut that down.

I would like the member to comment further on the comments he made about the Liberal government shutting down opportunity for growth, particularly in Atlantic Canada.

Oceans ActGovernment Orders

March 27th, 2018 / 5:05 p.m.


See context

NDP

Pierre Nantel NDP Longueuil—Saint-Hubert, QC

Mr. Speaker, I agree with my colleague. It is sad to see the government throwing Bill C-55 at us so quickly today, as a smokescreen, to avoid talking about the things that embarrass them.

What is even more embarrassing, though, is hearing the member caricature the debate by presenting positions that are so predictable that he could put anyone to sleep. Here we have a Conservative who believes that whale conservation is not based on science. We have international obligations in that regard that must be met. We have a duty.

Since my colleague seems so determined to talk about science, I wonder what his response is to the fact that science has proven that belugas are vulnerable. If an oil terminal were to be built in the beluga nursery, what would my colleague have wanted today? Does he think we are correct in guessing that this would cause a problem, or does he think we should have waited for this to be confirmed in black and white?

Many young people are talking to us about these problems, and reminding us of our international obligations regarding the protection of at-risk species. Another whale became beached yesterday in the Magdalen Islands.

Does my colleague think that not building an oil terminal in Cacouna was the right decision?

Oceans ActGovernment Orders

March 27th, 2018 / 4:40 p.m.


See context

Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, I normally say what a pleasure it is for me to rise in debate on a specific piece of legislation before the House. That is the case because I enjoy talking about public policy. However, I would be remiss if I did not comment on why we are debating Bill C-55 today.

In fact, I feel bad for our table officers, our parliamentary clerks, and everyone trying to support debate in the House, because it has been a bit sporadic over the last number of days, for one simple reason. That is the fact that the government, which ran on slogans of accountability and transparency, has been desperate to not provide those two things to the opposition with respect to the Atwal India affair.

I have been speaking for some time, so I think my colleagues will see that I am ready for the debate. However, we would not be debating Bill C-55 at all today were the government willing to be accountable, with the same level of disclosure that was provided to the media, be that classified or non-classified, which is very hard to determine after today's question period. MPs should be entitled to that same thing.

In a ruling earlier today, Mr. Speaker, you confirmed that MPs, collectively and individually, are entitled to hear from Mr. Jean, but there needs to be an order of Parliament to facilitate that appearance. Normally, a committee would call on him to provide testimony to appear. However, when the government uses its majority to block Mr. Jean, to block the ability of Parliament to exercise that order, it is stifling debate, covering up the Atwal affair. Whatever they want to call it, the government cannot suggest that it is not violating our right to get to the heart of the matter, based on the fact that it is using its majority to quash proper scrutiny of the major diplomatic incident.

I say that at the outset, because I want Canadians following this debate, both in our gallery and at home, to recognize that we are debating Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act, because the government is desperate to keep the national security adviser, Daniel Jean, from answering a few simple questions and providing the same level of information he provided journalists.

What I find curious about today's question period is that the Prime Minister and the Minister of Public Safety suggested that none of the information he gave is classified, yet a member of the press gallery, during question period, confirmed that the national security adviser said that certain pieces of information could not be shared publicly. They could not write about it. That would suggest the contrary. This is like an onion. Every level we peel away is another layer, and our eyes are watering with tears for the lack of accountability of the government, to keep with that analogy.

Getting to the heart of the matter on Bill C-55, what may look to Canadians like sort of an update of an act, I am going to suggest, is the creeping edge of ideological Liberal policy and ideology creeping into the science of our oceans and our economic relationships with companies that invest capital to develop resources offshore. I will speak to that in a moment.

Overall, the bill is suggested as empowering and clarifying how the minister can establish marine protected spaces and provide a national network of those. That has been done before, but I would suggest, with this bill, that the government takes a very ideological turn.

The bill contains new powers for enforcement officers and new offences for ships and operators that violate nationally protected marine areas. What is also contained in the bill is where the government is really going with this. It would provide the ability to cancel interests, be they economic or others, in a marine area and to compensate for them. Petrological investigation and development, I think, is what is meant by that. Already the government is signalling that it intends to basically pull back on some of the offshore licences many companies have.

I would suggest that members from Atlantic Canada ask some questions. They are already suffering greatly from the Prime Minister's move to try and increase the regulation that led to the cancellation of energy east. I know my friend from Saint John has watched that closely.

The Liberals are already hurting the energy industry in Atlantic Canada, and now, have they consulted with Nova Scotia and Newfoundland? We have provincial-federal boards to regulate the offshore. There is the Canada-Nova Scotia Offshore Petroleum Board, and there is one that was created for Newfoundland and Labrador.

I would add that all of the work with respect to allowing provinces to be net beneficiaries of their offshore petroleum wealth, much like the onshore in Alberta, Saskatchewan, and even in Ontario, Petrolia, Ontario, at one point, all of that security for those Atlantic provinces was provided by Conservative governments, which do not try to chase away investment from the energy industry. They try to make sure Canada benefits to the full extent that our royalty regimes will allow, and to make sure that areas like Saint John, New Brunswick, Halifax, Nova Scotia, and St. John's, Newfoundland and Labrador benefit from employment and secondary and tertiary benefits from the offshore. It was the governments of Brian Mulroney and Stephen Harper that provided that.

I was proud to learn all about that at Atlantic Canada's finest law school, Dalhousie Law School, where we studied that approach to the offshore.

Bill C-55 already indicates that the Liberals are going to be pulling a lot of these economic rights back. The members from Atlantic Canada should already be worried about the government's move to ensure energy east did not happen, and about the war on small business, which I know my friend from Saint John watched very closely, because he publicly criticized his government on that. There is a war on job creation in Atlantic Canada, and I see Bill C-55 as the latest arsenal in the Liberal government's attempt to stymie the ability for Atlantic Canada to benefit from its offshore resources.

There is a number of other measures in the bill. Interestingly, it excludes first nations organizations that may have agreements as part of a land claims treaty. If the Liberals really are doing this in the public interest, I wonder why there would be that exclusion. I think our first nations would want to know they were being consulted on part of the decision related to marine integrity.

Finally, there are obvious exemptions for search and rescue, scientific research, and damage response that would allow first responders and others to go into marine protected spaces. It is the odd time I get to speak in the House about my own experience in that regard. When I was with the Sea King 423 squadron in Atlantic Canada, we deployed with our Atlantic navy. We went out into these economic exclusive zones, to the fisheries patrol in the Grand Banks and the Flemish Cap. My crew and I landed on Hibernia, hundreds of nautical miles from St. John's, because we had to train and prepare for evacuations and responses to tragedy. Newfoundland and Labrador knows that from the sad Ocean Ranger tragedy.

Developing a resource and the jobs related to the offshore has its risks. I have seen that first hand, but from living in Atlantic Canada and serving in that role, I have also seen first hand how the economic activity in, for example St. John's and the outports along the Avalon, benefits from this resource development. Bill C-55 is the plan to stop that, to pull back licences and the ability for these resources to be developed responsibly.

I think we are debating this now because of the cover-up in the Atwal affair, but I am hoping that shining a light on Bill C-55 allows some of the Atlantic caucus to speak up to the Prime Minister and say, “Enough is enough, Mr. Prime Minister. We're already going to see jobs at risk and the energy industry impacted by your cancellation of energy east because of the burdens you have put on Trans Canada and other operators. Now, with this, are you forecasting more cuts in offshore oil and gas exploration?”

I hope our friends, particularly my friend from Saint John, asked those tough questions at caucus, because Bill C-55 seems to signal that.

The ideological underpinnings here that really concern me can be found in proposed sections 35 and 35.1 of the act, because it appears to integrate directly the precautionary principle into the legislation, and that should cause some debate. Those sections basically say that we cannot use scientific uncertainty regarding risks, marine health, and that sort of thing, as a reason to be cautious with respect to regulation, or to phase in or to not have regulation until there is scientific certainty.

The precautionary principle, which clearly some ideological adherents in the Liberal Party want to push forward, is that before the science is even clear, let us regulate and remove activity. That is what that says. Some call it the “better safe than sorry” philosophy, but actually it is not, because acting before we have the science will have unintended risks, especially, and learned scholars have written about this, when it comes to economic activity. We would hurt economic activity, because we would be leaning in favour of stopping something before the science was even clear.

As a Conservative MP who had the pleasure of being in government for a short time, including in cabinet—and now we are on our way back there, but we are on this side—one thing I remember clearly at the time was the current Prime Minister's love for such expressions as the Liberals were for “evidence-based decision-making”, that they were going to be a “science-led government”, that they were going to unshackle science. Well, here in the bill, it should concern Canadians that the Liberals are actually saying that they are not going to wait for the science at all. They are going to regulate. They are going to stop development. They are going to stop technological improvement that could address some of the issues at play before the science is confirmed.

People have written on how the precautionary principle, if it is mandated, will lead to economic disruption and stifle technological innovation. We would not have actually assessed the situation properly, and so we are going to run into unintended risks, because we are leaning forward without a proper assessment of the science.

The good thing, the way environmental legislation already reads, is that it generally will regulate where there is science, and it does not have to be absolutely certain. Legislation generally in Canada, the United States, and other countries has been able to regulate in a way that is minimally intrusive, particularly while the science is uncertain. I am not just making this up. These are sections that the Liberals are inserting into two acts of Parliament that already exist. I do not think the Liberals could suggest that there is no regulation of the environment in our oceans. They are acknowledging that the Oceans Act and the Canada Petroleum Resources Act exist to do this, but they are going further by inserting this ideological approach to governing. This should concern people, especially my friends in Atlantic Canada who would like the Liberal government, for a change, to lean in favour of jobs. However, the Liberals lean in favour of stopping investment.

Members do not have to just take my word for it. We remember the famous and mildly embarrassing speech the Prime Minister gave introducing President Obama in this chamber, the hallowed ground where once Winston Churchill gave his “some chicken, some neck” speech. The Prime Minister introduced the president of the United States by saying that the Press Gallery and Canadians were going to witness a bromance in action, or “dude-plomacy” as he termed it. I wanted to crawl under the table at that moment I was so embarrassed by our Prime Minister.

What did President Obama's chief official from the office of information and regulatory affairs say about inserting the precautionary principle in legislation? He said, “The precautionary principle, for all its rhetorical appeal, is deeply incoherent.” He acknowledges that it is policy on the fly, so that people could feel good, without clear science.

We have the ability to have science, in terms of the impact of resource development, how to mitigate that. We have science with respect to fisheries, marine life. Why would we not consult the science?

The Liberals are inserting into legislation the ability for government to ignore the science and stop first. Stop and ask questions later. I think, particularly in Atlantic Canada, that should concern a number of people.

There has been criticism of this approach because it is inserting ideological value judgments in place of sound public policy supported by science. The interesting thing is so many of the Liberal candidates, and I am sure the members listening to my speech, probably repeated that “evidence-based decision-making” line. That was one of the Liberals' top hits from the election campaign. Where is that now?

By incorporating the precautionary principle into legislation, the Liberals are saying that they are making a value judgment—their value judgment—rather than consulting the science. That should concern people. I hope people see that in Bill C-55. They might think it is innocuous.

This is ideological creep of the Liberal government. We see it everywhere. I have said that this is a government that, in NAFTA negotiations, did not mention the auto industry or other core sectors of the economy. It said the priorities were going to be indigenous issues, environmental issues, and a number of things that are not even contained in the rules of origin, the market access provisions of a trade agreement. I termed that at the time as “virtue signalling”.

Liberals will say, “Here are our values. Who cares what the science is? Who cares what the trade agreement says? We only want to speak to a certain number of voters.” They are willing to change legislation and prioritize trade negotiations, all to support their voter base.

For a party that was constantly using the refrain “evidence-based decision-making” and “a science-based government”, Canadians should be concerned. This ideological approach we are seeing in this legislation is part of the Liberals' overall virtue signalling. “Damn the science. Let us stop development now. Let us have the ability to cancel interests in the offshore in here, and move on.”

The Liberals are not worried about the science. They are not worried about the impact on local economies in the St. John's area, and in the Saint John area, where our refinery is. There is no concern about some of the offshore support vessels throughout Nova Scotia and Newfoundland, and what a value that is to the regional economy.

People in Atlantic Canada should be saying, “Wait a minute. We have a science-based approach to our offshore.” I still remember the famous case of John Crosbie putting a cod moratorium down, almost getting lynched but saying that the science said we had to do this because the stocks were dwindling, and we were going to do it. It was a science-based, tough decision.

Here we have the Liberal government basically saying, “We are not concerned with the science. We are going to lean forward. We cannot stop what we want to do because of the lack of scientific certainty.” This is an ideological wedge the Liberals have placed in this bill, and I think they are going to put it into others.

I have raised concerns that people in Atlantic Canada should have. I will conclude by asking the government to take that provision in sections 35 and 35.1 out, and to return to its old rhetoric about being focused on evidence-based decision-making. Stop the virtue signalling. Stop the ideological creep. Stop preventing areas of the country from properly and effectively benefiting from their onshore or offshore wealth, because thousands of families are paying the price for this Liberal ideology.

Oceans ActGovernment Orders

March 27th, 2018 / 4:35 p.m.


See context

Liberal

Terry Beech Liberal Burnaby North—Seymour, BC

Mr. Speaker, the member for Brandon—Souris and I had an opportunity to work together for a brief period on recreational fish. With regard to the consultation process, we have consulted broadly from coast to coast to coast. We consulted with industry, fishers, coastal communities, indigenous people, and environmental groups.

I do not know exactly what the consultation process was under the previous government, but I am assured that the consultation process we have taken on as part of Bill C-55 has been extensive and thorough, and I am quite confident that it has gone well above and beyond anything the previous government did with regard to consultation.

Oceans ActGovernment Orders

March 27th, 2018 / 4:35 p.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I want to take us a bit further than Bill C-55. The Minister of Fisheries has thus far dealt with amendments in Bill C-68 and amendments to the Oceans Act in Bill C-55. He has not yet touched on the area that is of profound concern to people who want to see our fisheries areas protected and our oceans protected to protect the fish within those lines in a marine protected area on the map by really dealing with the threat of aquaculture in open waters in open pens.

I wonder if the parliamentary secretary can let us know when the minister and the parliamentary secretary will turn their attention to the threat posed by open-pen aquaculture of not-local species, with the contamination of sea lice and viruses that affect our wild fisheries.

Oceans ActGovernment Orders

March 27th, 2018 / 4:30 p.m.


See context

Liberal

Terry Beech Liberal Burnaby North—Seymour, BC

Mr. Speaker, if I recall correctly, I believe the committee passed a motion, when it was considering Bill C-55, that all witness testimony determined during the MPAs could be utilized when determining Bill C-55. I might be wrong about that, but that is my recollection.

The party opposite seems to want it both ways. On one hand, it wants to say that it set these targets, despite the fact that it only made it to less than 1% of protections during its time in office. It wants to say that somehow by 2020 it will meet the target of protecting 10% of our oceans.

This is a difficult task that our government has taken on wholeheartedly since the last election, and now we are at 7.75%. As I have said, that is hundreds of thousands of square kilometres of new protections. In fact, in total I believe that represents 446,000 square kilometres of protections. We are committed to hitting our Aichi targets and we are going to continue to do so.

Oceans ActGovernment Orders

March 27th, 2018 / 4:20 p.m.


See context

Burnaby North—Seymour B.C.

Liberal

Terry Beech LiberalParliamentary Secretary to the Minister of Fisheries

Mr. Speaker, it is my privilege to rise for a third time to express my support for Bill C-55 and to speak against the proposed amendment to refer the bill back to the standing committee for the purpose of reconsidering all of the clauses.

The Minister of Fisheries, Oceans and the Canadian Coast Guard has been given a clear mandate to protect Canada's three oceans, our coasts, our waterways, and our fisheries to ensure they remain healthy for the benefit of future generations, something I thought about today when I saw so many young people in our gallery. This is a commitment that I take very seriously and very personally.

As I said previously, when we debated the bill at second reading, I am extremely honoured that my first piece of legislation as the Parliamentary Secretary to the Minister of Fisheries, Oceans and the Canadian Coast Guard is for such a worthy cause.

The Oceans Act is a fundamental tool that Canadians rely upon to ensure the future health of our marine ecosystems. I truly believe that at the end of the day, a pristine and abundant environmental ecosystem is our greatest underlying economic driver.

Specific to today's debate, the Government of Canada has committed to Aichi target 11 under the United Nations Convention on Biological Diversity. As well, I just returned from the World Ocean Summit, where I was able to share the leadership that Canada had once again taken to protect our oceans.

In addition to this bill, we are returning lost protections and incorporating modern safeguards into the Fisheries Act through Bill C-68. We have committed to making the protection of our oceans a pillar of our G7 agenda. This includes leadership in four key areas, including ocean health, sustainable fisheries, addressing plastics, and building resilient coastal communities. We were applauded for making such significant progress on our targets.

As a government, we are committed to protecting 10% of our oceans and marine areas by 2020. When we took office, less than 1% of these areas were protected, but today we have protected 7.75%, representing hundreds of thousands of square kilometres of new protections, protections of which I know Canadians are proud.

Our three oceans are complex webs of ecological and human systems that need to be understood, protected, and in many cases restored. Marine protected areas and marine protected area networks preserve these ecological links and protect diverse marine ecosystems and species. We will continue to establish marine protected areas through science-based decision-making, transparency, and in a manner that advances reconciliation with indigenous peoples.

It currently takes an average of seven years to designate an Oceans Act marine protected area. It requires time to undertake scientific assessments and socio-economic studies, as well as conduct consultations with governments, indigenous groups, and stakeholders. These are important steps that cannot be eliminated as they ensure that a marine protected area achieves its intended objectives while supporting local culture, the economy, and other needs. That said, a very clear understanding of what needs to be protected typically emerges well before all of the data is compiled.

Amendments to the Oceans Act under Bill C-55 propose solutions that will help us protect critical and unique areas of our Canadian oceans faster, without sacrificing the necessary science and consultation processes. The amendments ensure collaboration continues, requiring provinces, territories, indigenous groups, industry, and other stakeholders to be part of both the establishment and management processes.

Essentially, Bill C-55 proposes amendments to the Oceans Act to provide an additional tool that will allow for interim protection of specific areas through a ministerial order. This interim protection will be done following initial science and consultations, which would take around 24 months.

Following this step, the full federal regulatory process would continue to formally designate the marine protected area within the next five years. These amendments would ensure that when needed, an interim marine protected area could be put into place. New activities that risk further harm to ocean ecosystems, habitat, or marine life would not be allowed to occur in these interim protected zones.

These amendments not only respect current activities but also the need to conduct comprehensive consultations and scientific research before the final marine protected area is established.

Therefore, the time frame to fully establish a marine protected area may still take up to seven years, but there could be some interim protections in place within the first two. No longer can a lack of 100% scientific certainty be used to delay or prevent the protection of a sensitive marine area. Right now there is no protection until there is full protection, which is a problem these amendments are effectively solving, a problem that is amplified by an ocean that is so quickly changing, along with our climate. This policy is entirely in lockstep with the precautionary approach, which is a founding principle of conservation in Canada.

To put it another way, an interim marine protected area would freeze the footprint of ongoing activities. Under this concept, only ongoing activities, which are those activities occurring one year before the interim protection is in place, would be allowed to continue. For example, current fishing activities, or fishing activities where a moratorium is in place but licences are still held would be considered ongoing activities.

To further support this new concept, which is integral to the creation of an interim marine protected area, Bill C-55 also includes amendments that would require application of the precautionary principle when deciding whether to designate new marine protected areas. That means incomplete information or lack of absolute certainty would not be justification for avoiding protection where there would be a risk to the marine ecosystem.

Bill C-55 also includes modernized, updated, and strengthened enforcement powers, fines, and punishments under the Oceans Act.

The proposed amendments to the Oceans Act have received broad support during outreach efforts to discuss the bill. Canadians recognize the amendments would not short-circuit the development of sound science or cut off people's opportunity to collaborate and be consulted in the development of marine protected areas. Instead, they would ensure protection would be put in place quicker, in the interests of all Canadians.

We would be able to act on initial science and information to help these areas safe while additional research, engagement, and regulatory processes would be worked through.

Supporting the health of our ocean is necessary to ensure that future generations will be able to rely on the unique and precious marine ecosystems and resources that underline our environment and economy. It should go without saying, but Canadians are counting on us to protect our oceans, a resource that at times we have too often taken for granted.

I would be remiss if I did not take this opportunity to congratulate the fisheries and oceans committee on the great work it has done on this bill and on additional studies it has taken on, including several fisheries and MPAs, which was raised by the previous member. An example of its extraordinary work is visible in Bill C-68, amendments to the Fisheries Act. The committee made 32 recommendations after examining the changes made to the act by the previous government. We now know all 32 recommendations were not only considered but incorporated into the act.

I was also very impressed by the committee's deliberations and thoughtful consideration of Bill C-55. It consulted broadly and incorporated amendments from colleagues on both sides of the House. This is the primary reason sending the bill back to committee does not make any sense. The committee has considered the legislation clause by clause and now it is time to pass it for third reading.

I invite everyone in the House to support Bill C-55, an act to amend the Oceans Act, and to oppose the Conservative amendment.

Oceans ActGovernment Orders

March 27th, 2018 / 4:20 p.m.


See context

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Mr. Speaker, there may still be a bit of confusion on the part of the member for Saanich—Gulf Islands. I believe we are studying Bill C-55 right now.

Oceans ActGovernment Orders

March 27th, 2018 / 4:20 p.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, what a rare chance to be able to thank my friend from South Okanagan—Shuswap. He is quite correct. I had earlier today jotted down that we were moving to Bill C-55 this afternoon, and things do move quickly. We are on Bill C-68. Therefore, I regret that the Fisheries Act is moving so quickly, with time allocation on it. However, I support the bill.

I am so relieved to see the restoration and the protection of fish habitat in the bill. We have had the Fisheries Act since 1867. Protecting fisheries, including fish habitat, was a provision brought in by the current fisheries minister's father, the late and much respected Romeo LeBlanc. He also served as our governor general. Having those sections ripped out of the Fisheries Act in the spring of 2012 in an omnibus budget bill of over 420 pages that changed 40 different acts, with no consultation, not a single amendment allowed, and no proper hearings, was an abomination in this place. I am glad to see at least this part of it repaired.