Bill C-55 (Historical)

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

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.

Oceans Act

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Madam Speaker, I want to thank my colleague for a very informative exposé of what happens in his riding, and the shortcomings of the bill. I had no idea about the amount of plastic and debris that is filling up our oceans. I wonder if he could tell us about the impact on the ecology, the ecosystem, and the various species that live in the ocean. What is the impact of this plastic on them and on our future?

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, that is a good question. As coastal British Columbians, we rely on a clean ocean for our food security, our economy, our recreation, and our culture. It is our way of life. When marine debris and plastics get into the ecosystem, it is very important that we mitigate it as soon as possible. The government failed to do that in the Hanjin case. In fact, by letting it sit on our beaches for eight months without supporting our communities, that spread throughout our marine ecosystem. The parliamentary secretary to the minister of transport, during the debate, said it was not an immediate threat to the environment, so the government decided to stand back. That is not acceptable to people in our communities.

Right now we know that the krill and the fish are eating plastic, and that plastic is getting into the whole food chain, right up through to our orcas. We are finding high levels of plastic in our orcas, at an alarming rate. It is impacting everything.

We have seen study after study that says a lot of fish are not recognizing that plastic is not food, and they are consuming it. We are finding it in the digestive tracts of all our marine species. This ends up in the food chain. These are the fish we eat. Whether one lives in coastal British Columbia or Brooks, Alberta, or Regina, Saskatchewan, this is an important issue to everyone who consumes fish in our country and in the world.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Madam Speaker, it is a pleasure for me to speak today on an issue that is so important to the people I represent in North Island—Powell River. The history of my riding is defined by its surrounding marine environment. The ocean is important to our culture, economy, and identity. The richness and biodiversity provide enormous potential for both present and future generations. The ocean provides numerous opportunities for commercial, recreational, and aboriginal fisheries; tourism; transportation; education; and biological research.

Today I am happy to be speaking to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act. This act deals with marine protected areas, or MPAs for short. Despite supporting this bill, I hope to convey in the latter part of my speech that we, the New Democrats, have serious questions about it.

We need to be proactive in our conservation efforts to protect marine ecosystem functions, species, and habitats for future generations. Many ecosystems are under threat. A healthy and productive ecosystem is key to achieving sustainability and the harvest of living ocean resources.

In 2010, Canada agreed to marine conservation targets established under the United Nations Convention on Biological Diversity to conserve 10% of coastal and marine areas, through effective management networks of protected areas and other affected area-based conservation measures, by 2020. The commitment was reconfirmed in 2015 by the United Nations General Assembly's 2030 agenda for sustainable development.

Since signing the UN Convention on Biological Diversity in 1992, Liberal and Conservative governments have dragged their feet. Where are we today? Canada has only protected 1.5% of its oceans within marine protected areas. Canada ranks near the very bottom of protecting our ocean biodiversity, following behind China, at 1.6%, and Japan, at 5.6%. Australia and the United States have come out on top, with 33.2% and 30.4% protected areas respectively.

The current process for establishing and managing MPAs under the Oceans Act is long and tedious. My support for this bill is based on the fact that it provides some new legal tools to speed up the creation of marine protected areas. Specifically, it would empower the minister to designate marine protected areas by order and to prohibit certain activities in those areas. This bill would clarify the role the Minister of Fisheries and Oceans in establishing a national network of MPAs.

As a country, we are still falling short of our international commitments to protect our marine biodiversity. I see this as an accountability measure. When Canada fails to meet our targets, the minister can rest assured that the responsibility will fall solely on his shoulders. There is no more time for excuses.

Bill C-55 would increase ministerial powers to terminate private resource interests in MPAs and would create stronger penalties for those found violating the rules. Specifically, it would update and strengthen the powers of enforcement officers. It would 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 it would create new offences for a person or ship that engaged in prohibited activities within a marine protected area.

The issue of enforcement officers is a big concern in my riding. Many indigenous communities I represent have come to me wanting to do more than just watch what happens to the oceans in their traditional territory. They want to help. Repeatedly, these communities have talked to the minister's office about resources to train their people to support the protection and defence of their traditional lands. This is an area where the minister's office must start to move forward. When I think of the multiple spills in the ocean in my riding, for example, the indigenous people were there immediately. With the proper training, they could have supported the tracking of the impact, which we actually have very little information on. Protecting our oceans must include the people who have lived on the land from time immemorial.

As far as the MPA minimum standards go, these are steps in the right direction. However, to have a complete picture, one must look at what MPAs really do. In this context, we are not talking about marine protected areas in a generic context; we are referring specifically to the DFO program under the Oceans Act.

A marine protected area is an area of sea that forms part of the internal waters of Canada, the territorial sea of Canada, or the exclusive economic zone of Canada and has been designated under this section for special protection.

While this lofty definition to increase conservation is wonderful, there is little backing up how it will be done. Let me explain. This bill fails to set minimum protection standards and targets for zoning for marine protected areas, which would render the designation inconsistent at best and meaningless at worst. A lack of minimum protection standards for MPAs would make the rules so inconsistent and permissive that most MPAs would allow commercial fishing. One would even allow oil and gas exploration. I do not know how members feel, but I think oil and gas extraction is not compatible with conservation and should never be permitted inside a protected area. National parks have standards. Why can our marine areas not have the same?

According to Rudolphe Devillers, professor of geography at Memorial University, “Scientific studies have shown again and again that stricter protection provides greater biodiversity benefits”. Canada needs to set strong protection standards, in line with the International Union for Conservation of Nature, and set legislated protection targets if it is to meet its international commitments.

At present, just over 1% of Canada's oceans are protected, an area just a bit larger than Nova Scotia. Only a tiny portion of our ocean, approximately 0.01%, is highly protected, meaning that no fishing or oil and gas extraction is allowed inside the MPA.

By not setting minimum protection standards, the Liberals are trying to appear progressive by almost meeting targets but have not made the hard choices to protect biodiversity. This is not only the NDP bringing up this important issue. Widespread opposition from environmentalists, from the WWF to CPAWS, has raised the issue. Fifteen university scientists from St. John's to Victoria have written to both the Minister of Fisheries and Oceans and the Minister of Environment and Climate Change asking for stiffer conservation measures in Canada's 12 marine conservation areas as well as those being proposed for the future.

According to Linda Nowlan, staff counsel, West Coast Environmental Law:

These proposed amendments are useful short-term additions to the federal Oceans Act and related oil and gas laws, but they could and should go much farther. For the long arm of the law to be truly effective we need...stronger legal powers like minimum protection standards, and requiring ecological integrity as the foremost priority in MPA management. With a vast area in three seas within our boundaries—and the world’s longest coastline—Canada must implement a forceful, modern Oceans Act.

Bill C-55 would give the minister far too much latitude to decide what activities were permissible in an MPA. The minister would have the authority to list all the permissible activities that were ongoing activities in a marine protected area. The minister could also repeal the order that designated marine protected areas in the first place just five years later.

Liberal promises on ocean protection and environmental protection are still mostly talk. Canadians do not want to see more Harper targets and exemptions for the oil and gas sector.

I do not think we could discuss the protection of the environment without the involvement of coastal first nations. They are important parties in the decisions about how to conserve marine biodiversity and resources in B.C. As B.C.'s first peoples, coastal first nations have a long-standing historical connection to the ocean and its resources. While first nation community conservation areas have the potential to contribute to the MPA network goals, in most cases these areas would not qualify as MPAs, according to the definition. Bill C-55 makes no mention of this specifically. However, I know how important the sustained biodiversity in our coastal communities is, especially the ones I represent. In my riding, many first nation communities are spread across some of the most remote and beautiful places. They live on the ocean and are already doing the important work. An increase in training to support them in protecting the ocean just makes sense.

In my concluding remarks, I would like to ask the Standing Committee on Fisheries and Oceans to take a stand, listen to experts, and amend this act to include minimum standards for marine protection areas. Our planet deserves it.

I also hope that the Liberal government will finally fully implement the Cohen Commission recommendations. In my riding, there are serious concerns being raised about fish farms. This was a promise—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Unfortunately, the member's time is up. Maybe she could finish her thought through questions and comments.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, could the hon. member speak to concerns among these coastal communities about the impact the minister is going to have with respect to interim protection orders? We are hearing a lot of feedback from residents in Nunavut, for example, and I am sure she is hearing from some of the B.C. coastal communities as well. Could she comment on some of those concerns she has heard?

[Rachel Blaney, NDP, North Island—Powell River, BC]

Madam Speaker, the concerns going around about all the issues in the ocean continue to grow.

What we have seen from the government are a lot of promises with very little action. The hon. member who spoke before me talked about the amount of plastic in the ocean. I can share with the House that many groups in my riding collect large amounts of plastic and debris from the beach. I think about how many times I have gone out with them and how small those plastics are on the sand. I cannot imagine the impact on the ocean.

We need to be looking at some solid action, which we are still waiting for, from the government.

[Anne Minh-Thu Quach, NDP, Salaberry—Suroît, QC]

Madam Speaker, I thank my colleague for her speech. She is so passionate about protecting our oceans.

Sadly, Canada is doing next to nothing to protect our marine areas. With less than 1.5% of our waters protected now, the government says it wants to protect 30% by 2020. That is unthinkable. The Liberals got themselves elected on claims that they would make fighting climate change a priority, that they would engage in that fight, and that they would not be like the Conservatives. However, Environment and Climate Change Canada itself has said that current GHG emissions will make meeting our GHG reduction targets impossible and that there was not even a plan to reduce emissions.

Here we are then. We cannot reduce GHGs, we are building more pipelines, we have no standards for protecting marine areas, and we still subsidize fossil fuels.

How are we supposed to be visionary leaders if we cannot even implement all these bills? Plus, Bill C-55 is so flawed that it will prevent us from making any progress at all on environmental protection.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Madam Speaker, the reality is that across my riding, people are very concerned about the impact on the oceans and the impact of climate change. We know that our oceans are an intrinsic part of keeping the planet's temperatures down. We are not serving our oceans. The government is not serving our oceans the way it should.

We want to see actual action. We cannot just say things. What we are hearing from the Liberal government are a lot of meaningful promises with very little meaningful action.

We are asking for the next step. We hope that the committee will listen and take steps to give teeth to this bill so that we actually see the profound action that is required in our country.

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

Madam Speaker, I have not heard from the member what she is hearing from the fishermen in her area. She lives in a coastal area, and fishing is very important.

We have heard from the Pacific halibut fishermen. They are very concerned about some of these MPAs closing off some highly productive halibut fishing areas. That would push them into less productive areas, spending more time in the water, with more risk, and burning more fuel, etcetera. It is causing great concern for them.

I would like to hear the member's comments on that.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Madam Speaker, I have definitely heard from many sectors and industries across my riding.

Consultation is very important, but I also know that the people who work in the ocean, who harvest from the ocean, want to make sure that there is protection so that they can see long-term growth. They want to see their businesses last a long time.

Let us make sure there is meaningful consultation. Let us make sure we protect our oceans and the industries that grow from it.

[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 constituency...is 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.

[Erin Weir, NDP, Regina—Lewvan, SK]

Madam Speaker, I certainly appreciate that my colleague from Barrie—Innisfil was not a member of the former Conservative government. However, I note that government protected only 1% of Canada's oceans in these marine protected areas. Does the member believe that is adequate?

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, the hon. member is quite right. I was not a member of the previous government. However, as I stated in my remarks, some significant investment was made in conservation areas around the country. The fact is that Canada is unique with our shoreline. We have the largest coastal shoreline in the world, so the regional needs of the people in those areas need to be taken into account. Over and over again, we hear that there has been a lack of consultation and of stakeholder engagement in this process.

As I said, not having a coastal area but having an inland lake like Lake Simcoe, significant investments were made in that area and we saw decreases in phosphorus, which raised the health of Lake Simcoe. Therefore, I can speak specifically to the work the previous government did in that area, and it did it with consultations, with stakeholder involvement, and with people investing their time and their energy into ensuring these things were done properly.

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

Madam Speaker, I found the member's comments about Nunavut MLA Johnny Mike interesting. He talked about the lack of consultation and he mentioned Pangnirtung, which is a beautiful area. In the last government, I had the honour and privilege of being there with minister Aglukkaq to open the very first Arctic small craft harbour.

The lack of consultation with Inuit and aboriginal communities seems to be a trend. Does the member see a trend here, whether it is murdered and missing aboriginal women, the lack of consultation with aboriginal communities on this and other issues?

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, I am glad to hear that the hon. member can say the name of the community. I have struggled all morning, as I looked through my notes, to do that.

The member brings up a very important point with respect to consultation. Who knows better than the people who live in these communities as to what their needs are? What we see from the government is a very top-down approach, a government knows best approach, and we do not just see that with this issue. I think we will hear this from my colleagues that the broader part of this concern is the lack of consultation and the ability of the minister to impose these temporary measures, which will perhaps force fishing communities, fishermen, and natural resource opportunities away from these areas.

This lack of consultation is broadly imposed by the government. We see it now with small business and the proposed tax increases on small business. It is a real shame. It is a government that said it would do things differently. I want to reiterate the point I said earlier. When it comes to evidence-based decision making and science-based decision making, the government will only agree with those two criteria when it agrees with its position and its ideology. Otherwise, it casts everything aside and does exactly what it wants to do.