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

[Fin Donnelly, NDP, Port Moody—Coquitlam, BC]

Madam Speaker, I would like to ask the parliamentary secretary if she could elaborate on Bill C-55 and ministerial discretion versus science-based evidence and how the government, through this legislation, would give that power to the minister without establishing a basis, as I spoke about earlier, of minimum protection standards?

The scientific community, around the world, has clearly identified that we need minimum protection standards if we want to see MPAs work. My colleague from Fleetwood—Port Kells asked about the consequences of getting this wrong if we do not do this right.

Could my hon. colleague comment on that?

[Pam Goldsmith-Jones, Liberal, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Madam Speaker, I thank my hon. colleague for the question and for his leadership in this arena. It is noted, and I think Canadians are very grateful for the work he has done.

The most important thing to note is that in the legislation, the precautionary principle is very important. The fact that we are providing interim measures is very important. It signals that we are trying to move as quickly as we can toward greater protections.

Second, there is no question that our government has put science, scientists, and science-based research at the heart of much of the work many departments do. The member opposite can feel quite confident that it is essential.

Third, the fact that the minister has discretion in the context of that is a testament to his leadership with regard to ocean protection.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Madam Speaker, the hon. member just answered a question from my hon. colleague from Port Moody—Coquitlam with respect to moving as fast as the government could to put those protections in place. At what cost?

We have heard committee testimony from Canadians from coast to coast to coast, stakeholders, indigenous groups, industry, NGOs, environmental groups, and scientists. They have said that the process has to be thorough. We all agree that we need to move in the right direction in the protection of our oceans, but that process has to be thorough and it has to be true.

What does my hon colleague have to say to the hundreds, if not thousands, of stakeholders across Canada that have felt alienated by her government's lack of consultation on this process?

[Pam Goldsmith-Jones, Liberal, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Madam Speaker, it is wonderful to think that we might all agree. Certainly stakeholders and our government are passionate about this. The minister in his introductory speech recognized the input he had received. He recognized that he must listen to all groups affected by this. However, the act is 20 years out of date. We fell behind in the last decade, and we are making up for that.

[Celina Caesar-Chavannes, Liberal, Parliamentary Secretary to the Minister of International Development]

Madam Speaker, my hon. colleague started her speech by talking about Canada being surrounded with water and it being critically important to each and every person in the chamber and across our country. From the perspective of development and sustainable development, how important is this initiative to ensure Canada continues to be a leader in our commitment to the 2030 agenda on sustainable development goals?

[Pam Goldsmith-Jones, Liberal, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Madam Speaker, speaking as a member of Parliament from the west coast, nothing is more respected or revered than wild salmon. Protecting the habitat for wild salmon, orcas, herring, or whatever species in the chain, means that the natural abundance can come back and thrive. What sustainability really means is whether we take into account all aspects that allow the environment and the economy to proceed at the same time.

The sustainable development goals are very important to us. We feel this step is in response to that and to the interests of the community, which takes this to heart. That is what gives me such great pride to be addressing this on behalf of the minister.

[Fin Donnelly, NDP, Port Moody—Coquitlam, BC]

Madam Speaker, I share the parliamentary secretary's passion for wild salmon, for other marine wildlife, and for ecosystems. I appreciate her comments on that.

With respect to the question just asked, unfortunately Canada is not a leader in ocean protection. We are well behind. As we have outlined, many countries are well ahead of us. We are now at 3.5% and other countries are over 30%, so we have a lot of catching up to do.

My question is around co-governance, working with first nations, Inuit, and Métis. How does the government expect to work with those governments in moving forward in establishing MPAs on all three coasts?

[Pam Goldsmith-Jones, Liberal, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Madam Speaker, we recognize the road ahead of us with regard to marine protection. That was why I referred to the government's recommendation for interim marine protected areas so we could state our intent, as all of the other pieces unfold, toward much greater marine protected areas of our coast. Co-governance is essential to us. Our relationship with indigenous peoples of Canada is essential to us. Frankly, this is the opportunity to demonstrate that.

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

Madam Speaker, the member for West Vancouver—Sunshine Coast—Sea to Sky Country comes from a beautiful part of the country. I know her passion for wild salmon on the west coast, and I share that passion.

What are the member's thoughts on the ability of the minister to move forward without the scientific backing on some of these closures? How can that be defendable when the world environmental community is so focused on ensuring we have the science right?

[Pam Goldsmith-Jones, Liberal, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Madam Speaker, I would like to take this opportunity to point to two other very exciting initiatives of our government under the leadership of the minister. We have science enterprise centres in Moncton and in West Vancouver. Through revitalization and reinvestment, we are reigniting science enterprise in these flagship labs on both coasts.

When we bring the community in and bring science partners together, we can be assured that the number one priority is environmental conservation, concern for pollution of the ocean, concern for plastics in the ocean, and concern for the potential threats of open-net fish farms. These questions are being raised by the community, and our government is putting those questions directly to the two new flagship science enterprise centres to answer.

[Fin Donnelly, NDP, Port Moody—Coquitlam, BC]

Madam Speaker, I want to ask for a quick elaboration on empowering other partners to do the work she talked about, which is the enforcement of marine protected areas. Could you elaborate as to who those partners are and how they will have the power to go across land, as you mentioned, into the oceans? What would that look like? Are our first nations included in this and how would this roll out in those communities?

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I will not elaborate on it, but I am sure it was through me that you were asking the question.

The hon. parliamentary secretary, a very brief answer please.

[Pam Goldsmith-Jones, Liberal, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Madam Speaker, as I mentioned in my comments, examples would be the guardian watchmen, indigenous communities on the north Pacific coast, and also both provincial and local law enforcement.

I have seen this on our wonderful waterways, and I am sure many have. When citizens see things happen, there is no one to call. We feel we have such engaged partners on oceans protection that this would be very welcome. Of course, it is extended, fundamentally, to indigenous peoples but also local law enforcement.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Resuming debate, the hon. member for North Okanagan—Shuswap. I will advise him ahead of time that I may need to interrupt him at some point to deal with some other orders of the House.

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

Madam Speaker, I appreciate the opportunity to speak today, but not knowing when I will be cut off is awkward. Hopefully I can get through my speech today.

I rise today to speak to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act. The bill proposes to significantly increase the powers of the Minister of Fisheries, Oceans and the Canadian Coast Guard so as to allow the minister to designate marine protected areas, or MPAs, for an interim period of up to five years.

The Standing Committee on Fisheries and Oceans is currently studying MPAs, specifically the criteria and process being used to identify and establish them.

Last December, I presented a motion to committee to undertake this study because it was clear to me that massive efforts and a significant amount of funding was being exerted by the government to increase MPAs, while stakeholders living and working along Canada's coasts were unaware of what was happening. At that time, it was clear that the government was exerting pressure on the established process and protocols for establishing MPAs in an effort to speed up that process. It was also clear that the government was willing to sacrifice processes of consensus-building with Canadians for the sake of expediency.

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

Why is the government in such a hurry? Why is it so desperate that it needs to propose a bill that would nullify long-established processes and protocols used to establish consensus among stakeholders?

The answer is that in 2015, the Liberals set delivery dates for achieving MPA objectives that the previous Conservative government had committed to through the Aichi targets under the UN Convention on Biological Diversity, or CBD.

Through the Aichi targets, the Conservative government in 2010 committed to conserving 10% of our coastal and marine areas through networks of protected areas and other effective area-based conservation measures, not necessarily MPAs.

The objectives of conserving coastal and marine areas are worthy objectives, but the problem that thousands of Canadians working and living in coastal areas face today is that they have been cut out of the process for establishing MPAs. Why? Because the Liberal government has failed to deliver so many campaign promises that the pressure is on to deliver these commitments made by the Conservatives. The problem is that the timelines promised by the Liberals in the election were unrealistic in 2015, and they are unrealistic today.

The Liberal government has overwhelmed the established structures and processes for developing MPAs. Rather than stepping back and re-assessing its timeline, the Liberal government, through this legislation, is attempting to discard the systems, structures, and processes that have been used for years to establish MPAs in Canada.

Through the bill, the Liberal government proposes to give the fisheries minister increased powers to completely bypass established structures and processes designed to build consensus, designed to identify the right balance to strike in considering the interests of first nations, fishermen, and other Canadians affected by MPAs.

Bill C-55 would allow for arbitrary interim designation of MPAs prior to formal consultations with first nations or area stakeholders.

It is completely unacceptable in Canada, or anywhere for that matter, for the federal government to undermine structures and processes that allow citizens, including first nations, to engage and defend their interests when the government is considering a decision that could have a major effect on those citizens.

Upon reviewing the mandate letter of the Minister of Fisheries, Oceans and the Canadian Coast Guard, it was clear the government was going to do everything it could to reach its political targets come hell or high water, pardon the pun.

Considering that the 2010 Aichi targets were given 10 years to be implemented, it occurred to me that there may be a reason for the long time frame set to reach these targets.

The Standing Committee on Fisheries and Oceans, or FOPO, as it is known here on the Hill, consists of members from across the country and the three main political parties in the House. It is an honour to sit on that committee with members who I believe share a common commitment to fish, fisheries, and their habitat.

The FOPO committee is still in the midst of this study on MPAs, and has so far heard from witnesses from many areas of Canada and abroad. The committee had benefited greatly from testimony by first nations, fishermen, conservationists, and representatives from the shipping and tourism sectors. What has been even more interesting are the common themes borne in the testimony and the evidence the committee has received.

The committee has heard that proper consultation before and during the process of establishing MPAs is paramount to establishing MPAs that are both effective and accepted, especially consultation with and by local communities. Nowhere was this more evident than in the north where MPAs have been established for the protection of our aboriginal fishing and harvesting areas. These areas were established where the local people wanted them, in the manner in which the local people wanted them, and only after appropriate consultation was completed. It was not in an arbitrary manner, absent of scientific certainty, to meet a political target.

I raise the point of scientific certainty here, because in one of the most alarming clauses in Bill C-55, proposed section 35.2 reads:

The Governor in Council and the Minister shall not use lack of scientific certainty regarding the risks posed by any activity that may be carried out in certain areas of the sea 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).

Now, not everyone may take the time to understand what this means. However, it means that the minister would not need the backing of science to designate a marine protected area. There would be no science necessary.

It is shameful that the current Liberal government's 2015 policy platform alluded to basing decisions on science, yet now as government, it is proposing to discard the structures and processes of consultation and science by setting the will of the minister above the needs and interests of all Canadians, including first nations.

I support marine protected areas. Canada has some of the most biodiverse regions in the world, and our coasts are truly rich in biodiversity. We need to recognize and identify where those important and sensitive areas are and take measures to protect them while at the same time recognize that we can harvest and develop sustainably, so that our country can prosper, maintain our high standards, and be able to enforce the laws and protect the areas we designate. If we choose to move forward without first knowing what it is we were trying to protect, or what industry we may be prejudicing, we will fail in our duties to the Canadians who have elected us to represent them here in the House.

Getting back to the study by the FOPO committee, I could quote from a number of witnesses who testified that the process of establishing MPAs has been rushed. For example, Mr. Ian MacPherson, executive director of Prince Edward Island Fishermen's Association, stated:

...the PEIFA understands the requirement to protect marine environments, but we do have concerns surrounding the tight timelines to accomplish these goals. The first step to designating a ministerial order MPA is to gather existing scientific, economic, social, and cultural information on the area. Prince Edward Island is a small province driven by small fishing communities. The displacement of fishers from one community—

It would appear that I am out of time. Hopefully, I will be able to continue my speech tomorrow.