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

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

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

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

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

(a) clarify the responsibility of the Minister of Fisheries and Oceans to establish a national network of protected areas;

(b) empower the Minister to designate marine protected areas by order and prohibit certain activities in those areas;

(c) provide that, within five years after the day on which the order of the Minister designating a marine protected area comes into force, the Minister is to make a recommendation to the Governor in Council to make regulations to replace that order or is to repeal it.

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

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

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

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

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

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

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

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

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

[Erin Weir, NDP, Regina—Lewvan, SK]

Madam Speaker, could the member tell us what percentage of Canada's ocean area warrants protection? It is currently only around 1%. By comparison, in the United States and Australia, it is more than 30%.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, we would like to be at the top in the world. We would like to be at the same level as the best standards and practices.

We have to do it right, and we have to do it with science and great consultation. We cannot do enough on many things, and we probably cannot do enough on this topic. However, we have to take a scientific approach and proceed with proper consultation.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

The hon. member will have four minutes for questions and comments after question period.

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 second time and referred to a committee.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

The hon. member for Edmonton Manning had four minutes of questions and comments remaining.

Questions and comments, the hon. member for Chilliwack—Hope.

[Mark Strahl, Conservative, Chilliwack—Hope, BC]

Madam Speaker, I listened with interest to the speech of the member for Edmonton Manning on this important bill. I certainly noticed in the first two years of the new Liberal government, that any time it needed to make a difficult decision, a lot of time the Liberals put off the decision by saying that they needed to consult with Canadians or that they needed to get it right. It went on and on and they would not take a firm position on anything.

However, with this bill, the Liberals have rushed it through without conducting adequate consultations. Would the member talk about the inconsistent approach of the government and why it should take the time to get this right?

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, the tone of the government and the experience of the vast majority of Canadians with the government has been that the Liberals consult when they should not consult and when they need to consult, they rush things through.

With the second half of their mandate, the Liberals seem to have fallen behind. They fooled around with some of these files for a long time. Now, all of a sudden, they want to push them through without the proper consultation with the main stakeholders in all areas of interest. This is a common trend so far, and this is probably one of the worst that has happened this season.

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

Madam Speaker, when I knocked on the many doors across my riding, what I heard. again and again. was great concern about the past Conservative government's failed ability to protect marine biodiversity.

When we look at the reality, only 1.5% of our oceans have protection, which is certainly not enough. They look after our communities and we need to see them protected, not just for particular communities but for many businesses across my riding. People are harvesting from the ocean. People in the tourist industry are sharing the beauty of our area. We desperately need that protected area. Why did the Conservatives continue to gut environmental regulations, instead of protecting them as they needed to?

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, the record speaks louder than some of the statements we hear. I appreciate the question from the member on the NDP side, but that is not true. We believe in environmental responsibilities at any level. The previous government invested $252 million to secure the ecological sensitivities in the lands and oceans. Therefore, the Conservatives have done what they can.

The approach has to be balanced. This is how we look at things. We need to have proper consultation and speak to the main stakeholders in all areas to have a balanced approach that will serve Canada for the long run.

[Mark Strahl, Conservative, Chilliwack—Hope, BC]

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

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

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

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

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

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

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

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

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

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

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

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

Peter Taptuna also said:

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

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

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

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

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

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

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

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

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Madam Speaker, one of the things we hear over and over again is about a percentage of protected area. That we need to reach a certain percentage is very interesting to me. Could the member comment on percentages, where these percentages come from, and how they can be used on the world stage?

[Mark Strahl, Conservative, Chilliwack—Hope, BC]

Madam Speaker, it is clear that our previous Conservative government supported marine protected areas. However, we believe that these should be done right. In fact, we established three of them, one in New Brunswick, one in my home province of British Columbia, and another in the Beaufort Sea. We certainly do not oppose marine protected areas.

We believe that we should move forward on them, but they have to be done the right way. Again, the government simply has an Ottawa-knows-best approach, and is once again preaching and trying to gain favour with international audiences. It has nothing to do with protecting the environment in Canada. It has nothing to do with making sure that the oceans that so many Canadians rely on are available to them. It has to do with impressing people in foreign capitals with arbitrary targets and arbitrary deadlines.

That is not good for the Canadian economy. That is it not good for the stakeholders who rely on the resource. That is why we cannot support bill.

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

Madam Speaker, I had the honour of sitting with the member for a short while on the fisheries committee as a deputy under him.

We did some travel to the Maritimes last year. Could the member explain those consultations a little more, including what we heard from fishermen, how they need to have input into the fisheries programs, the possible closures that could help and the possible closures that are in place and maybe need to be removed, and how fishers need to be able to provide that input?

[Mark Strahl, Conservative, Chilliwack—Hope, BC]

Madam Speaker, it was a great trip, and specifically in P.E.I., where we travelled around.

What we heard, again, was that the Liberal members of Parliament were not consulting with the fishermen who were being impacted by their decisions. The point was made time and time again that this sort of top-down, Ottawa-knows-best approach would never have taken place when another member from Egmont, Gail Shea, was a member of Parliament and the minister of fisheries.

This is a new approach by the Liberal government. It has happened on things like the carapace size of lobsters. It is just a top-down, DFO, Ottawa decision that has negatively impacted people in P.E.I. The government did not care. It had already made the decision and imposed it on fishermen in P.E.I.

We heard time and again that there had been no consultation, no consideration of the economic impacts, and no realization of what the resulting uncertainty would do to their businesses. We are seeing it again with the small business tax proposal, wherein the government is bringing in uncertainty, punishing small business owners, like fishermen. We cannot support that.