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

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

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Oceans Act to, among other things,

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

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

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

(d) provide that the Governor in Council and Minister cannot use the lack of scientific certainty regarding the risks posed by any activity as a reason to postpone or refrain from exercising their powers or performing their duties and functions under subsection 35(3) or 35.‍1(2);

(e) update and strengthen the powers of enforcement officers;

(f) update the Act’s offence provisions, in particular to increase the amount of fines and to provide that ships may be subject to the offence provisions; and

(g) create new offences for a person or ship that engages in prohibited activities within a marine protected area designated by an order or that contravenes certain orders.

This enactment also makes amendments to the Canada Petroleum Resources Act to, among other things,

(a) expand the Governor in Council’s authority to prohibit an interest owner from commencing or continuing a work or activity in a marine protected area that is designated under the Oceans Act;

(b) empower the competent Minister under the Canada Petroleum Resources Act to cancel an interest that is located in a marine protected area that is designated under the Oceans Act or in an area of the sea that may be so designated; and

(c) provide for compensation to the interest owner for the cancellation or surrender of such an interest.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by 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

February 27th, 2020 / 9:55 a.m.
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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

There's lots of discussion around the witnesses and bringing them in for more than one study at a time. We have a number of studies now in the queue. When the time comes to hear testimony that we feel may is pertinent to another study, I hope that we will make note of that, ask the analysts or seek the support of the committee to include this testimony in studies further down the road.

We did some of that in the last Parliament with the study on marine protected areas and the study of government Bill C-55. We shared that information back and forth between those studies. I believe there was one other. Hopefully we will be able to get agreement within the parties to share information and testimony between studies.

I think we should get the salmon study and the herring bait study under way as soon as possible in order to make the best use of the analysts' time and ours. That's what I would support.

Resumption of Debate on Address in ReplySpeech from the Throne

December 9th, 2019 / 12:10 p.m.
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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Mr. Speaker, I am glad that the hon. member for Winnipeg North brought up Bill C-55, because that is exactly what I was alluding to in my speech this morning.

I was heavily involved in the debate in the committee study of Bill C-55. In fact, before that bill even came to the committee for study, I had put forward a motion at the fisheries committee that we study how marine protected areas are implemented in Canada and the consultation process that was there previous to Bill C-55. Now we see areas of interest being closed to access without consultation; those local fishing communities have been ignored. The fishermen have been ignored.

Even though this member says the government has put funding and resources in place, it has cut out consultation process that I see as so important.

Resumption of Debate on Address in ReplySpeech from the Throne

December 9th, 2019 / 12:10 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I think of Bill C-55, which is the oceans protection act. There is legislation, but there have also been budgetary measures, close to hundreds of millions of dollars, put in over the last number of years. I think there is common ground we can both agree on with regard to just how important these issues are.

The member talked about other areas of the world. If we take a look at Canada's population overall and contrast it to other populations around the world, we will find that the amount of political clout that Canada has is fairly significant given its population base. Does the member agree that taking progressive measures allows Canada to have a greater influence on the things that take place around the world and that is why it is important we bring forward legislation like Bill C-55 and others to ensure we continue to have that clout?

Oil Tanker Moratorium ActGovernment Orders

June 17th, 2019 / 1:40 p.m.
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Liberal

Terry Beech Liberal Burnaby North—Seymour, BC

Mr. Speaker, I completely reject the premise of that question. This type of legislation, along with our larger approach for environmental protections and growing the economy, is designed to help bring the country together.

I am not surprised to get those kinds of comments from the Conservative opposition. It is the only party in the House that voted against the legislation in the first place. The opposition has opposed Bill C-55, Bill C-68 and changes that protect by increasing our MPAs.

The opposition has also failed with respect to the economy. The last two Conservative governments have accrued over 72% of the total debt of the entire history of the debt in Canada. We cannot afford to have those guys back in power again.

Oil Tanker Moratorium ActGovernment Orders

June 17th, 2019 / 1:15 p.m.
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Burnaby North—Seymour B.C.

Liberal

Terry Beech LiberalParliamentary Secretary to the Minister of Transport

Mr. Speaker, on what is likely the last sitting week of the 42nd Parliament, I appreciate the opportunity to outline both the necessity and benefits of Bill C-48, otherwise known as the oil tanker moratorium act. Let me begin by reminding members that Bill C-48 is the fulfillment of an election promise made in 2015. It was later included in both the minister's mandate letter and the Speech from the Throne.

Bill C-48 would provide an unprecedented level of environmental protection for the northern coast of British Columbia and the adjoining Great Bear Rainforest, one of the most pristine and unspoiled places left in Canada, and indeed the world. The Great Bear Rainforest represents approximately one-quarter of the world's remaining temperate rainforest. It is an extraordinarily rich and productive ecosystem that is often described as one of the lungs of the world because of its high oxygen production. The forest is largely intact due to special measures taken by both the federal and provincial governments over many years and by the relentless efforts of local people, including indigenous communities, to protect this extremely valuable ecosystem.

Bill C-48 would be complementary to these efforts, as well as the long-standing and well-respected voluntary tanker exclusion zone agreement between Canada and the United States that keeps Alaskan tankers like the Exxon Valdez far from our coast. Bill C-48 would effectively formalize into legislation a long-standing federal policy dating back to at least the 1970s not to allow large tanker traffic off of the northern coast of British Columbia. In fact, on my first trip to Haidi Gwaii, as the parliamentary secretary to the minister of fisheries and oceans at the time, I procured three posters that were used as fundraisers to campaign for this initial tanker ban in the 1970s, one of which is hanging in my constituency office in Burnaby.

Speaking to local residents, they are concerned about their environment and their way of life. A 2012 study reviewing offshore oil and gas development in British Columbia estimates the total annual benefits of marine-dependent activities in the traditional territories of coastal first nations at more than $30 billion. Unlike other regions in Canada, this policy legacy ensures that there is no existing tanker traffic near this coast. This means that formalizing the moratorium will not disrupt any current jobs or economic activity in the region. In fact, it would help protect existing industries, including fisheries, aquaculture and ecotourism.

Bill C-48 would continue to allow for the shipment of non-persistent oils. What this means is that communities along the north coast of British Columbia would continue to be open to economic development opportunities, including the recently announced $40-billion infrastructure project in Kitimat, B.C. Bill C-48 would not affect the estimated 10,000 jobs that are attached to that particular project. Very importantly, Bill C-48 would help to preserve the cultural and spiritual way of life of coastal first nations. As such, it is part of the Government of Canada's larger commitment to reconciliation with indigenous peoples. As we know, this is something that our government and our Prime Minister consider to be of the highest priority.

Members will recall that Bill C-48 was debated and studied in the House in 2017 and 2018. It was ultimately passed by the elected members of the House of Commons in May 2018, by a vote of 204 to 85. With the support of the Liberal Party of Canada, the NDP, the Green Party and the Groupe parlementaire du Parti québécois, only the Conservatives voted against it.

I would like to take a moment to thank the member for Skeena—Bulkley Valley, whose riding largely overlaps with the proposed moratorium zone and who has been a long-time advocate of formalizing the tanker ban into legislation. Along with our colleague from Vancouver Quadra, he has introduced private member's bills in previous Parliaments proposing a tanker ban, albeit through a different mechanism. He has been working with our government to secure support for this important bill in the other place, and his co-operation is greatly appreciated.

This bill was referred to the other place on May 9, 2018, and has been studied and debated there until just last week, more than a year before it was passed with an amendment and sent back to this chamber. I am grateful for the work undertaken in the other chamber, particularly during report stage and third reading. If colleagues have not had an opportunity to read or listen to some of these debates, I would encourage them to do so. They will be impressed by the high level and seriousness of the debate. Those debates ultimately led to the amendment that is before us today.

The Senate is proposing to modify Bill C-48 in a number of ways, most substantively by requiring a two-stage review. First would be a regional assessment that would be led by the Minister of Environment under authorities that would be established once Bill C-69 came into force.

The Minister of Environment would be required to invite the provincial governments of British Columbia, Alberta and Saskatchewan, as well as indigenous communities in the moratorium area, to enter into an agreement or arrangement respecting the joint establishment of a committee to conduct the regional assessment and the manner in which the assessment is to be carried out. This body would then have up to four years after coming into force to complete the report.

This would then feed into the second stage, a parliamentary review, which would take place five years after coming into force, and which would consider evidence gathered by the regional assessment and conduct further study and hearings before presenting its report to Parliament.

Let me begin by first stating we acknowledge that this is a thoughtful, creative and substantive amendment. We also recognize that the Senate's amendment, including the regional assessment component, is a well-intentioned and honourable attempt to find a compromise between supporters and opponents of the moratorium, as well as an attempt to depoliticize what has turned into a very contentious debate on this bill by requiring a more technical, evidence-based study.

In terms of the government's response, we support the Senate's call for a parliamentary review of Bill C-48 after five years. During report stage debate in the other place, Senator Sinclair remarked:

I too have concerns about the bill because it does constitute what appears to be an absolute ban on tanker traffic in an area, for good reason that might be applicable today, but I’m not so sure it will be applicable in the future.

He went on to state:

When it comes to how we can improve the bill, one of the options I want to talk to the chamber about is whether we might consider allowing for communities to change their minds at some point in the future and if they all agree that the ban should be lifted, then we would allow the bill to say so.

A parliamentary review after five years would allow such a conversation to take place. Committees could look at scientific evidence and new developments, hold meetings outside of Ottawa and provide an opportunity for all interested indigenous communities, provinces and other stakeholders to express their views.

However, for a number of reasons, we respectfully disagree with the Senate's recommendation to undertake a regional assessment. First, we feel this is unnecessary, given the requirement for a parliamentary review, as I just discussed. Secondly, there is consultation fatigue, particularly among communities living in northern B.C. and with coastal first nations, after many years of reviews and studies.

A non-comprehensive list of these reviews include the Senate transport committee study of Bill C-48 in 2019, Transport Canada consultations with communities and stakeholders held in 2016 and 2017 prior to the introduction of Bill C-48, the Canadian environmental assessment and National Energy Board review panel of Enbridge's northern gateway pipeline proposal held between 2010 and 2012, the Natural Resources Canada “Public Review Panel on the Government of Canada Moratorium on Offshore Oil and Gas Activities in the Queen Charlotte Region British Columbia” in 2004, the B.C. scientific review of offshore oil and gas moratorium in 2002, the joint Canada-B.C. “West Coast Offshore Exploration Environmental Assessment Panel” in 1986, the federal West Coast Oil Ports Inquiry in 1977 and last, but not least, the House of Commons special committee on environmental pollution in 1970-1971. I was almost tired going through the whole list, never mind the actual reports themselves.

It is important to note that many of the reviews I mentioned were led by regulators and bureaucrats, not politicians. They looked in detail at scientific evidence in a more technical way than parliamentary committees typically do. However, none of them led to a resolution of the fundamental political disagreements over this issue. At the end of the day, many of the scientific questions about whether or not it is safe or advisable to move crude oil in tankers off this particular coast are endlessly debatable. There is no reason to believe that yet another lengthy and expensive study would bridge these differences of opinion, especially one starting so soon after the coming into force of Bill C-48.

To be clear, the amendment proposes to start yet another review only 180 days after Bill C-48 comes into force. At some point, a decision needs to be taken based on the best evidence available and using the best judgment of parliamentarians about what is fair and reasonable, taking into account the wider Government of Canada approach on energy and the environment and on reconciliation with first nations.

Furthermore, there is, in our view, a need for a cooling-off period and a break to allow passions to settle and to take a breath. Coastal first nations have been fighting for a bill like this for almost 50 years. They deserve a break and some peace of mind.

Finally, the proposed approach would result in a lack of clarity over whether the authority provided to the Minister of Environment in Bill C-48 would be inconsistent or in conflict with the authority provided to the Minister of Environment in Bill C-69.

For all of these reasons, the government is proposing to accept the Senate amendment but in a modified form. We accept the adding of a parliamentary review in five years would come into force, but respectfully disagree with the requirement to hold a regional assessment. We feel this is a fair compromise with our colleagues in the other place and will allow them to achieve much, if not all, of what they intended, namely an opportunity to re-evaluate the law after a number of years.

Turning back to the bill itself, much of the debate on Bill C-48 so far has revolved around the question of why legislation is being proposed that effectively bans oil tankers from operating off the coast of northern British Columbia and not elsewhere in the country. Critics of the bill contend that this is arbitrary and unjustified, but I would argue that nothing could be further from the truth.

As the Minister of Transport explained when he appeared before the Senate transport committee, there are a number of factors that, when combined together, account for the uniqueness of the situation in northern British Columbia and the need for special measures to protect it.

The most obvious unique attribute of British Columbia's pristine north coast is the ecological significance of the area. The coastline runs along one of the last temperate rainforests left in the world and, even more rare, one of the very few to remain largely intact. These kinds of forests are unusually productive and support an extraordinarily rich web of biodiversity. The interface between the marine, coastal and terrestrial environments in this part of B.C. is seamless.

The Senate transport committee heard from experts who testified both to the unusually pristine nature of this ecosystem and to its vulnerability to the effects of a major oil spill. Canada has a kind of jewel in the Great Bear Rainforest which needs to be treasured and preserved for future generations. This is a responsibility we owe not only to ourselves but to the world. The precautionary principle, a principle I debated often within my previous role in fisheries and oceans, is fully justified in this case.

A second distinguishing factor is the long-standing policy legacy, at both the federal and provincial levels, of extending special protections to this part of the country. In essence, Bill C-48 would simply formalize an already well-established policy of barring oil tankers from this coast. As such, it would not be disruptive to any existing industries or employment, very much unlike the case if we were to propose such a moratorium off the coast of Newfoundland or Nova Scotia, or for the St. Lawrence for example.

A third factor that differentiates the northern coast of British Columbia is its shear size and remoteness and the navigational hazards of operating in these waters.

Environment Canada classifies the Hecate Strait as the fourth most dangerous body of water in the world for shipping. Winds of 100 kilometres per hour and waves between eight and 10 metres are not uncommon in both the Hecate Strait and the Dixon Entrance. These combine to make spill response more challenging than in more populated, built-up areas like the south coast, the St. Lawrence or the east coast. Although our government is dramatically boosting our capacity to respond to accidents through our $1.5 billion oceans protection plan, resources cannot be unlimited. It will continue to be the case that northern B.C. will present special challenges, particularly during bad weather which is common on these seas.

Last, Bill C-48 is responding to a more than 40-year campaign by local people, and especially indigenous communities, who live along the coast to formalize the moratorium banning oil tankers. While it is true that opinion among indigenous communities is not universal, a clear majority of these communities that are situated in the proposed moratorium area want to pass this law. Most important, the communities that would be most vulnerable to the impacts of an oil spill, such as the Haida and the Heiltsuk, have campaigned persistently for this bill. As such, it is part of our government's larger commitment to reconciliation with the first nations.

While I am sympathetic to the voices of indigenous groups further inland, which might like to participate in the economic benefits of a future, yet highly notional, pipeline that would go to the northern coast of B.C., I cannot disregard what a major oil spill would mean economically, culturally and spiritually to those who would bear the brunt of its effects. They deserve the peace of mind that Bill C-48 would bring them.

I note as well that coastal first nations have been joined by their neighbours in communities such as the city of Prince Rupert, the village of Queen Charlotte, the district of Kitimat, the city of Terrace, the town of Smithers, and the Skeena-Queen Charlotte regional district, which have all passed resolutions or written letters in support of the moratorium. There is also support by the Province of British Columbia.

In the short time that I have been in the House, I have had the opportunity to work on the government's $1.5 billion oceans protection plan, revisions to the Oceans Act in Bill C-55, restoring protections and introducing modern safeguards to the Fisheries Act via Bill C-68 and working to restore our whale population with our $167 million action plan.

We have expanded our marine protected areas from less than 1% under the previous government to over 8%. At the same time, we have reduced unemployment to historic lows, lifted 825,000 Canadians from poverty and Canadians have created more than a million new jobs.

It is the responsibility of any government to work hard to protect and restore the environment while growing the economy and creating more opportunities for Canadians. To do this successfully, we must balance competing demands and constraints, and I believe Bill C-48 would help us accomplish this balance.

I would like to quote a colleague from the other place, Senator Harder, who recently remarked:

...I hope that, one day, the people of the coast will tell the story of when their grandparents came to Ottawa to pass Bill C-48. I hope [we]...tell the story of how Canadians worked together to save the environment at this testing time.

It is time this bill was passed. I hope our colleagues in the other place will join our government in at long last making this a reality.

May 27th, 2019 / 6:45 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

I have the honour to inform the House that a communication has been received as follows:

May 27, 2019

The Honourable

The Speaker of the House of Commons

Ottawa

Mr. Speaker:

I have the honour to inform you that the Right Honourable Julie Payette, Governor General of Canada, signified royal assent by written declaration to the bills listed in the schedule to this letter on the 27th day of May, 2019 at 1:37 p.m.

Yours sincerely,

Assunta Di Lorenzo

Secretary to the Governor General and Herald Chancellor

The schedule indicates that the bills assented to were Bill C-85, An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts, Bill S-6, An Act to implement the Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act.

May 16th, 2019 / 12:35 p.m.
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Premier of the Northwest Territories

Bob McLeod

In my mind, it will. Along with co-management of offshore negotiations, we have already done a study showing that it is both possible and feasible to go north. The Beaufort Sea used to be ice-free six weeks a year. Now it is ice-free 20 weeks or more a year. Bill C-48 only applies to the B.C. coast. We're concerned about Bill C-55. We understand that the Senate has passed an amendment so that the government has to consult before it imposes marine protected areas.

We think we're in a good position for that, going forward. We've had some discussions with other jurisdictions. We have a railway that goes to Hay River. We own a barging company now. We would have to look at some offshore off-loading and on-loading facility. We have a road to Tuk, so we have access to tidewater.

Oceans ActGovernment Orders

May 13th, 2019 / 6:35 p.m.
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Liberal

Pat Finnigan Liberal Miramichi—Grand Lake, NB

Mr. Speaker, nearly two years after it was first introduced, I have the honour to speak to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act, a bill that has the support of Canadians from coast to coast to coast.

Before I get to the collaborative motion we are debating today, in response to the message received from the other place a little over a week ago, I would like to correct some inaccuracies that have come out in members' comments on this motion.

First, the member for Sherbrooke said that we have protected just 1.5% of our marine areas to date, that we missed our 2017 target and that, according to him, we are on track to miss our target of 10% in 2020. With all due respect, the member's figures are completely wrong. Perhaps he was talking about the former Conservative government's record. I assure the House that those figures do not apply to this government, and I would like to clarify the facts.

To date, under the direction of the current Liberal government, the Minister of Fisheries, Oceans and the Canadian Coast Guard and our Prime Minister, we have protected 8.27% of our marine and coastal areas, compared to only 1% under the previous Conservative government. In fact, before reaching 8.27%, we announced in October 2017 that we had reached the objective of 5%.

With respect to the environment and the protection of marine biodiversity, our government is implementing the measures Canadians want and expect. In spite of what the member for Sherbrooke said last week, we have effectively reached our objectives and we are on track to reach our 10% objective in 2020.

The member for Sherbrooke also stated that the current government's standards for marine protected areas were not very high. I would like to remind the House that last month, at the Nature Champions Summit in Montreal, the government and the Minister of Fisheries, Oceans and the Canadian Coast Guard showed great leadership by announcing new standards for marine protected areas in order to strengthen conservation and the protection of important marine habitats.

The announcement means that marine protected areas will operate a bit like national parks and ensure a high level of protection of the environment by banning four industrial activities in these zones, namely oil and gas activities, mining, discharging, and bottom trawling. This approach is consistent with the recommendations of the National Advisory Panel on Marine Protected Area Standards.

In fact, Oceana, the main marine protection agency, said that this announcement of standards for marine protected areas is a great step forward and will help ensure appropriate protection for Canada's most important marine areas; that marine protected areas meeting these standards will help protect fragile habitats that provide nursery, spawning and feeding areas for marine wildlife from harmful practices such as oil and gas activities and bottom-contact gear; that it is also a critical step toward rebuilding abundance and restoring our oceans to health, which will benefit coastal communities for generations to come.

The day the announcement was made, Megan Leslie, former NDP member, tweeted the “announcement by the Minister of Fisheries and Oceans on new standards for marine protection: no oil and gas, no mining, no bottom trawling.” She said she was at a bit of a loss for words. The tweet ended with emoijs of applause, trophies, and celebration.

The government's achievements in marine environmental protection really do deserve to be celebrated and applauded. The government is committed to protecting the environment, and that is just what this motion and bill are meant to do.

Now that I have corrected certain inaccurate statements made during last week's debate, I would like to talk about this motion on the Senate amendment.

The message we received from the other place just over a week ago contains one duplicative amendment. If adopted, it would make the interim protection process more complex and costly than the process of designating a permanent marine protected area.

That would go against the purpose of the bill, which is to provide protection to our marine areas more quickly while ensuring that exhaustive consultations continue. However, the government is also listening. We understand the concerns of the honourable senators in the other place, and we agree that the provincial and territorial governments, as well as the communities that will be most affected by an interim or permanent order concerning a marine protected area, should always be consulted and be part of the process.

That is why we proposed an amendment to the Senate amendment that takes the concerns that have been raised into consideration. First, the amendment requires the minister, when making an interim protection order, to publish a report indicating the geographic location and any other relevant information, including social, cultural and economic information.

The amendment goes even further. As we have always said regarding the duplicative Senate amendment on consultations, since consultations are already explicitly required and covered by sections 29 to 33 of the Oceans Act, the minister would also be required to publish information on past consultations.

The government has listened, and we know we can move forward in the right way with this bill and the proposed amendment.

The purpose of this bill is simply to provide another tool to protect marine environments by creating a mechanism that will enable the minister to freeze the footprint of activities currently under way in an area until a definitive designation is revoked or until it receives a permanent marine protected area designation.

On average, it takes between seven and 10 years to establish a marine protected area. All this bill would do is temporarily protect an area until permanent designation can be obtained, which is something Canadians support. Considering the important aspects of marine environments that need protecting and the fact that it takes between seven and 10 years to establish a marine protected area, if we want to ensure long-term protection for an area, we need to adopt this bill. This common-sense measure establishes certain protection standards until such time as an area is designated.

I would add that this bill has been before both houses for nearly two years now. The House committee alone met nine times to discuss it and heard from 36 witnesses representing a broad range of important interest groups.

Earlier I talked about last month's announcement by the Minister of Fisheries, Oceans and the Canadian Coast Guard about new standards for marine protected areas and the support we have received on this issue not only here at home but around the world. Clearly, there is now tremendous support for protecting our oceans, so what are we waiting for? Let's adopt this bill and protect our oceans for our children and grandchildren.

I live near the coast, and we are already seeing major changes happening very fast. Over the past four or five years, the Gulf of St. Lawrence has warmed up faster than any other marine environment on the planet. We must act now to save species and the environment.

Oceans ActGovernment Orders

May 13th, 2019 / 6:05 p.m.
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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, it is an honour to rise today on behalf of the fine people of Red Deer—Lacombe, in central Alberta, to talk again about this legislation, one which the Senate sent back to the House because it saw the same flaws in it that the opposition did.

The bill was passed at third reading by the Liberal majority government in an expeditious way as an attempt to fulfill its political objectives, without giving due consideration to the impacts the bill would have on the people of Canada, notwithstanding that it is about marine protected areas.

I do not think any reasonable Canadian would think that having marine protected areas is a bad idea. In fact, the previous Conservative government created many marine protected areas in fresh water and in our oceans. The current government has an ambitious plan to set aside 10% of our marine areas for protection by 2020.

The fisheries committee, of which I am a member, travelled across the country to talk to various stakeholders and groups about what that would actually look like. We heard loudly and clearly from aboriginal groups, particularly from those in coastal communities that rely on the ocean or the sea for their way of life, about their concern that marine protected areas would interfere with or infringe upon their lifestyles. The Inuit of the north want to have access to various estuaries for beluga harvesting or fishing. The coastal communities rely on shipping and marine traffic. The indigenous communities rely on salmon, halibut, clams and so on, not only for their personal use but also for the socio-economic interests that exist within their various bands.

In its wisdom, the Senate has basically found that Bill C-55 does not do a very good job of addressing the concerns of some of these communities. In fact, Senator Patterson, who is from the Nunavut territory, wanted to amend clause 5 of the bill to enhance consultation and co-operation measures. Even the government touts itself as one that wants to ensure the consultative process is done. However, the Senate, which is now dominated by members appointed by the Prime Minister, has sided with Senator Patterson, saying the bill needs to go back to have that clause reviewed.

Some people in my home province of Alberta may be asking why a guy from Alberta is so focused on fisheries, particularly on the west coast. They may wonder why a guy from central Alberta, who is also a farm boy, is always talking about fish and salmon. It just happens to be something I know a little bit about. I also understand that standing in between the economic prosperity of the people I represent in central Alberta and their future is the ability to ship energy products off Canada's Pacific coast.

Nobody back home in my riding actually believes that the current government has Alberta's best interests at heart. That is why traditionally, after the prime minister with the same last name as the current Prime Minister was elected, the Liberal brand, especially at the provincial level, is virtually a non-starter in Alberta. Why?

For people with a short memory or who have not learned their history very well, it is because people realized that brand and name just meant economic chaos. Whether through the National Energy Board program that was implemented some 40 years ago or the programs that are being implemented now, nobody back in Alberta believes that the marine protected area measures in Bill C-55 will not be used as a political sledgehammer to further restrict Alberta's ability to export its natural resource products off the coast, and this is why.

First and foremost, the current government, even though it tries to say otherwise, does not like fossil fuels. The Prime Minister has been very clear, through slips of the tongue, that the oil sands need to be phased out and stopped. He said as much. He said in response to questions about the carbon tax that the increasing cost of energy and the increasing cost of fuel for Canadians is what we want. When I say “we want”, I am using the Prime Minister's words. It is what the Prime Minister thinks Canadians actually want.

Right now we have a situation in British Columbia in which the Premier of British Columbia is basically threatening to block the expansion of the Trans Mountain pipeline, yet at the same time threatening to sue the Government of Alberta if it chooses to shut off the existing Trans Mountain pipeline's delivery of oil. We find ourselves in this really bizarre world here in Canada, where nobody actually believes that anybody in the Liberal Party or the NDP wants to allow any more pipelines built to our west coast.

We have the carbon tax. We have had the regulatory changes. We have had the outright cancelling of the northern gateway pipeline by Enbridge and the changing of the regulatory process for energy east. The very first thing that the Liberal government published in November 2015 was changes that it made to the consultation process on pipelines, further delaying the Trans Mountain expansion and energy east and killing outright the northern gateway pipeline.

Everybody in the sector calls Bill C-69 the no-more-pipelines bill. This legislation is designed specifically and purposely to ensure that no more oil pipelines will be built in Canada, thereby trapping Alberta, Saskatchewan or all of Canada's energy in the North American marketplace. We sell that crude oil at a discount in the North American marketplace. Then it gets refined and shipped back to us at full price, and Canadians have to pick up the tab.

We have seen the proposed tanker ban legislation, Bill C-48, on the west coast. Interestingly enough, the government, which claims to care so much about the marine environment, did not put a tanker ban on the east coast to forbid tankers from Venezuela, Saudi Arabia, Nigeria and elsewhere from bringing energy to the eastern shores of Canada, even though eastern Canadians would much prefer to buy oil that was taken from the ground here in Canada and refined here in Canada for the use of all Canadians and for the economic benefit of everybody.

It would not be a stretch in any way, shape or form to believe that the current sitting Minister of Fisheries, Oceans and the Canadian Coast Guard, or any version thereof that the Liberal government has had sitting in that seat, would use Bill C-55.

I have no reason as an Albertan to believe anything other than that marine protected areas will be specifically designated and set up in areas not based on science or not based on where the marine protected area could do the most good for the preservation of species or the preservation of unique habitat or ecosystems, but instead in specifically designated areas to block the kinds of industrial activity that the government does not favour, notwithstanding that there is a tanker ban already in place through Bill C-48.

People back home need to understand that in the creation of a national park, there is normally a long and arduous process. A consultative process takes place, as well as a gazetting process through the National Parks Act, usually in the form of a willing seller and willing buyer. When national parks are purchased or require land that is already privately held, going through that process would be a requirement. The annexation part did not work out too well for the previous prime minister of Liberal persuasion when he tried that in Atlantic Canada, so here we find ourselves using Crown land in the north, which is where most Crown land is. Anytime a new national park is created, it is created on Crown land, but oceans are owned by nobody. They are actually owned by Her Majesty the Queen. They are owned by the Crown in right of the people of Canada.

The minister, through Bill C-55 should it pass in its current form, will have the ability to designate a marine protected area wherever he or she sees fit. There is no legislative requirement at all for the minister to use best science. There is no legislative requirement at all for that process to be gazetted, not one.

This is the most powerful piece of legislation that I have seen that gives the minister the outright ability to take up to 10%—because the government is saying that is the target—of our oceans and close them down in full or part, however the minister sees fit. That means that he or she can designate a marine protected area that is completely closed from all activity, right from the sunlit zone at the top of the water, all the way through the pelagic zone to the littoral zone at the bottom, if there is enough sunlight there to create that, or even down into the benthos or the layer at the bottom of the ocean floor, and cease and desist all activity.

The minister could make any list of exemptions that he or she wants in order to accommodate whatever political agenda they have. They could deny fishing, trawling, tanker traffic or specific tanker traffic. They could simply say, just as Bill C-48 does, that ships will be allowed through as long as the ship does not contain products x, y or z. There is no ability in this legislation at all for any recourse whatsoever.

I would bet anybody with a crisp $10 bill who wants to take me up on it—maybe this is dangerous because I am not a gambler—that marine protected areas in the first tranche, once this legislation comes to pass, will be set up at the Dixon Entrance and the Hecate Strait, outside of Prince Rupert, to make darn sure that, if Bill C-48 fails, not a single tanker will be allowed out of that area—the Prince Rupert-Kitimat area—carrying any type of crude oil or any of its byproducts or any of its refined products.

Anybody who does not think that is going to happen is dreaming. We will have no justification or rationale printed in any Gazette for why the minister is choosing to do this, because they are not obligated to under the legislation. That is why the Senate has coughed this bill back up and sent it back to this place. I do not expect the government to actually take any of these amendments seriously. I expect we will probably get time allocation. I know that the government has already sent a note back to the Senate on this piece of legislation.

I actually do not expect the government to accept any of these recommendations. I do not expect the government to take any amendments on this legislation that would limit the heavy-handed unilateral ability of the minister to basically outline or delineate anywhere he or she sees fit to accomplish the Liberal political agenda. That is what I find most egregious and most frustrating with this piece of legislation.

The minister will have the ability, once Bill C-55 passes, to designate whether certain tanker traffic is allowed, or any products, or if any tanker traffic is allowed at all. The minister will be allowed to decide whether any commercial fishing would happen in that area. The minister would be allowed to determine whether any sport fishing or recreational fishing would be allowed to happen in that particular area, and set any terms and conditions for it. The minister already has that ability to regulate fisheries through the Fisheries Act, but this is something they are going to have the ability to do even further through the marine protected area legislation, which is what Bill C-55 is all about.

The government will also have the unilateral ability—and I am assuming this will get challenged almost immediately—to actually decide what the indigenous peoples of this country will be able to do in those marine protected areas. I do not expect the government to actually put too many restrictions on them, but it may. I would be curious to see how those actually stand up to a test.

It is very frustrating, because the talking points coming from the government will make it sound as though this is a great idea. Of course, Canadians, who think with their hearts—as many Canadians do, and it is okay to think with the heart from time time—are going to say that 10% of our marine area is going to be protected and that is fantastic. However, here is the rub. There is no actual scientific requirement or any requirement in the legislation at all that is going to require the minister of fisheries and oceans to follow any rules or obligations in the establishment of a marine protected area.

I will give an example of what happens on the terrestrial side of the equation. Years ago, when I was taking my zoology degree at the University of Alberta, the numbers floated and bandied around back then—and that was almost 30 years ago—were 12.5%, 75% and 12.5%, and I mentioned this in my earlier speech. It was that 12.5% of the terrestrial land mass should be set aside for complete preservation or in a national park-like structure, with very little use, very little activity.

This land is designated in a preservation classification type of area. Of course, that also needs to be representative of the various biozones that we have, in order to get the approval of the United Nations and all the other agencies that watch these things. It could not all be, for example, in the Arctic. We would have to represent things like grasslands, which is why we have the creation of Grasslands National Park, which is still ongoing. We would have to represent all of that area in order to protect a representative sample of all the various ecosystems and habitats in the country.

It was decided a long time ago that 75% of the land mass would be classified as common use, areas where conservation management practices actually come into play to manage the environmental considerations that we have. Another 12.5% was set aside as complete use, things that are paved over, under concrete, cities, roads, highways, industrial areas, things of that nature, where these kinds of human activities need to happen in order to benefit and improve the quality of life of all people, not only in Canada but around the world. It was 12.5%, 75% and 12.5%.

Now we see that shift on the terrestrial environment, moving forward, but here is the rub. Any time somebody wants to grow that 12.5% of the preserved land area, that person has to take that land from that particular area. We just saw how badly this backfired for Rachel Notley in Alberta, when she tried to take some of the land that is classified in the public land use zone, the 75% of conservation and well-managed land and terrestrial areas. To put that space in the preservation pot, a person has to take it from the 75%, which is everybody who lives and makes a living in small rural areas across our country. It is very seldom that anybody in an urban area has to pay a price or a consequence for the development of a preservation boundary inside his or her jurisdiction, very seldom.

The same thing is going to happen in these marine protected areas. It is not going to cost anything for people who do not venture out onto the ocean, because it is not going to impact their lives. However, all those who live in small, rural, coastal communities or make a living by going out onto the water will now have to contend with arbitrary delineations of marine protected areas and make sure they follow whatever rules and conditions the minister has made. The minister, according to this legislation, can make any rules he or she sees fit. It is limitless. It does not have to be gazetted and it does not need the approval of anybody, other than a ministerial order. It does not even need the approval of the Governor in Council. It does not even need the approval of his or her cabinet colleagues.

The minister can simply sign a ministerial order and declare an area as a marine protected area. That is unwieldy power, especially when we are talking about 10% of the surface area on down, right through the water column to the bottom of the sea, the ocean, the lake, the river or whatever it happens to be. That is under the care and control of just one decision-maker in this country. That is a lot of power. It is power that our friends in the Senate have said should be reconsidered, and that is why they sent this piece of legislation back here.

I truly hope that this House takes a serious look at this legislation. I know the government is running out of time in its legislative agenda, but I sure hope that common sense will prevail, that the right thing will be done and that these amendments from the Senate will be given due consideration and every opportunity to be re-examined and studied, and not only by this chamber. I would love to see this bill go back to the committee so it can look at some of the work the Senate committee did, so that we, as the elected representatives of the people of Canada, have a better understanding as to exactly what the impacts of the bill would be.

Oceans ActGovernment Orders

May 13th, 2019 / 6 p.m.
See context

Liberal

Vance Badawey Liberal Niagara Centre, ON

Mr. Speaker, that is a great point. Not only are we leaders internationally with respect to our responsibilities when it comes to the environment, our oceans and our great lakes, but we cannot do it alone. We have to be in this together. Our marine industry, being the obvious front-of-mind participant in action like this, has been very responsible. The Chamber of Marine Commerce and the companies it represents are equally important. Initiatives such as Green Marine and other initiatives have contributed to our overall ability to have these policies and bills, like Bill C-55, put in place here in the House and put into practice.

Oceans ActGovernment Orders

May 13th, 2019 / 5:35 p.m.
See context

Liberal

Vance Badawey Liberal Niagara Centre, ON

Mr. Speaker, I am honoured to be here today to speak to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act, and the amendments sent to us by the other place.

Our government is in fact committed to increasing the proportion of marine and coastal areas that are protected to 10% by the year 2020. Over the past four years, we have worked with a great deal of people to increase our protected areas from just 1% under the former Conservative government to over 8% under the Liberal government.

Indeed, it is under the government and the Prime Minister that this great nation is showing leadership on the issue of marine protection. We are well on our way to achieving our target with sound science and transparent decision-making, once again, working with those within these communities.

We are actively engaging with our partners in both provinces and territories and with indigenous groups, marine industries and all Canadians to increase protections and meet our targets while supporting a health oceans economy. An important part of meeting those targets is Bill C-55.

As many members already know, the bill seeks to provide a new authority for the Minister of Fisheries, Oceans and the Canadian Coast Guard to designate an area for interim protection. A decision to either permanently designate the interim area or to repeal the interim order must be made within five years. This mechanism allows for interim protection to areas that are currently under consideration for permanent designation, as the current process takes an average of between seven and 10 years and, currently, in the lead-up to a final designation, there is no mechanism to allow us to protect this area.

While we support the reasons behind the amendments made by the other place, we cannot support the message received as the amendment would add changes that are already required under the existing legislation and would make the interim process longer and more complex than the process for permanent designation.

That is why we have proposed an alternate amendment that captures the intent of the Senate's concerns, while also ensuring that the objective of Bill C-55, which is to provide faster protection, is in fact upheld.

I would also like to take this opportunity to thank the Senate for its work, especially the sponsor, Senator Bovey. While she represents the beautiful province of Manitoba, I know she spent some years on the west coast and has continued to be a strong advocate for the protection and conservation of all of our oceans.

I also want to thank the Minister of Fisheries, Oceans and the Canadian Coast Guard for his leadership on this file. I know he was in Montreal just last month to announce new standards for marine protected areas that would prohibit oil and gas exploration. This announcement was indeed supported not just by Canadians across Canada but around the world.

Canada is taking real action when it comes to protecting our marine environment, but more must and will be done by those not only within government, but our partners throughout our great nation.

That is why we are here today, debating the merits of Bill C-55, a bill that has been received and has been given countless hours of robust debate. Five amendments to the bill, proposed by Conservative, Green and independent members, were adopted by the House on April 25, 2018. The bill has received support in one form or another by all parties in this chamber.

An important principle that acts as the basis of the bill that I would like to speak to and about is the precautionary principle.

Bill C-55 would require the ministries of Fisheries and Oceans, the Canadian Coast Guard and the Governor in Council to apply the precautionary principle when deciding whether to designate new marine protected areas. This would facilitate the decisions to designate a marine protected area. The principle recognizes that the absence of full scientific certainty shall not be used as a reason for postponing decisions where there is a risk of serious or irreversible harm.

Indeed, if information such as the recent report by the United Nations on the collapse of biodiversity has told us anything, it is that we cannot wait to take action to protect our environment. While many of the members opposite want to sit in their seats and wait for more species to go extinct and for weather conditions to worsen because they have no plan for the environment or our marine areas, Canadians can be absolutely certain that the members sitting on this side are listening and responding accordingly.

We are listening and we are taking action because we know we cannot simply wait for our fish stocks to collapse before that is enough evidence to do something about it. We know there are options now, right at this moment, options that we can move forward with and therefore do the right thing to support a healthy marine environment and the communities that depend on those environments.

A good example of this, which has already been raised a few times but cannot be repeated enough, is the good work this government is doing with the Qikiqtani Inuit Association and the Government of Nunavut to explore the designation of a high Arctic basin for marine protection.

Last month, we announced the memorandum of understanding that outlines the commitment to co-operation that all three parties have signed onto in moving forward with this protection. Furthermore, budget 2019 outlines funds that will be available to support the development of a conservation economy in the High Arctic Basin, with support for critical marine infrastructure.

We know that Bill C-55 will facilitate this process by providing a mechanism that can be used to apply interim protection to the area until a final designation is in fact made. This is not only a good example of how government is taking action now, but is doing so the right way by engaging with the territorial government and respecting the Nunavut land claim agreement and working with rights holders, the QIA.

The members opposite want to say that this government is trying to take shortcuts with the bill, but I put the question for Canadians: Is a process that still takes an average of seven years, with the passage of this bill, to designate a permanent MPA taking a shortcut? Is debating the bill for almost two years in both chambers taking a shortcut? Is listening to the message received by the Senate and proposing an amendment that seeks to capture the intent of this change, while still respecting the objective of the bill, taking a shortcut?

I think that Canadians believe that the answer is no, no and no. I do not expect members opposite to agree with the government on this issue or with Canadians, because we know that those members have no plan for the environment. However, I want all Canadians to know that this Liberal government has taken leadership on this issue, and overall on the issue of the environment, and we will do whatever we can to get this bill passed and our marine areas protected.

As Canadians, we are all connected to our oceans, which are significant to our heritage, culture and economy, and are essential to all life on this great planet. In 2015, our government promised that 5% of Canada's marine and coastal areas would be protected by 2017, and we delivered. Over 8% of our oceans are now protected, which is up from less than 1% when we took office in 2015. Now our government is committed to reaching our international target of 10% by 2020, as I mentioned earlier. We will do this with sound science and transparent decision-making, working with our provinces and territories and communities that have a direct interest in the decision-making process.

One of the forms of protection is a marine protected area, MPA, under the Oceans Act, where unique species and their habitats are conserved and protected. We have examined how the Oceans Act could be updated to facilitate the designation process for MPAs without sacrificing science or the public's ability to provide their input, their thoughts and, most importantly, their interests in a process that considers the consequences of the decisions being made. The current process for a designated marine protected area is lengthy. These proposed amendments to the Oceans Act would shorten the time required to put protection in place, while ensuring that shortcuts are not taken when it comes to these consultations.

This legislation would, among other things, ensure that marine protection can in fact be done and completed in a timely manner by allowing the Minister of Fisheries and Oceans to designate provisional protections to an interim MPA while the steps for a permanent MPA are in fact followed. The interim MPA would freeze the footprint of current activities in sensitive areas that are being considered for Oceans Act MPA designation. It would also allow for ongoing activities, those that have taken place in the last year, to continue.

We will continue engaging with our partners in the provinces and territories and with indigenous groups, marine industries and all Canadians. I cannot emphasize enough how inclusive this process is and will continue to be, to ensure the protection and meet the targets we proposed back in 2015, which we are now continuing to work toward.

Our government made a commitment to increase the proportion of Canada's marine and coastal areas to 10% by 2020, and we are going to meet that commitment, which we started in 2015. This proposed legislation is part of our plan to reach these targets. The proposed amendments would shorten the time required to put protection in place and allow interim protection for sensitive marine areas. Currently, there is no protection until there is full protection.

The Senate amendment is duplicative and requires an additional consultation period beyond what is already required in legislation. If accepted, the Senate amendment would make the order process for interim protection more complex and lengthy than the process for designating an amendment or permanent MPA. This would go against the objective of this bill, which is underpinned by the precautionary approach and seeks to create a mechanism that will allow for faster interim protection to marine and coastal areas.

However, we understand the concerns. We understand the concerns made by some members of the Senate, and that is why we have proposed an amendment that captures the intent of the message received by the Senate. Our proposal will ensure that the geographical location and all other relevant information, as well as information on all consultations undertaken, are published when an order for interim protection is made.

I come from a Great Lakes region, Niagara, and of course, with that we have just recently announced plans to look at protection of the Great Lakes, and there are reasons for that. I look at it under a triple-bottom-line lens. That triple bottom line lens consists of, in order of priority, economy, environment and social issues—the effects and consequences of decisions made on our waterways, whether they be the Great Lakes or our oceans.

Some of the things I have learned throughout the past years in my former life as a mayor and now as an MP are the critical responsibilities that we have, how critical it is to work with our communities, how critical it is to work with our businesses and our residents in those areas, ensuring that economic, social and environmental considerations are taken before those decisions are made, and how important it is that their interests are placed at the forefront of those decisions.

This bill, Bill C-55, is no different with respect to the oceans and, of course, the areas that we have to preserve to ensure that future generations—not just five, 10 or 15 years down the road but 20, 30, 40 or 50 years down the road—are looked after when it comes to our environment and what is attached to our environment.

In closing, I would like to say this. Although we here in Parliament sit in four-year terms, it is important that the vision goes beyond those four years and looks at 20- to 50-year thoughts, priorities, responsibilities and, therefore, strategies. Bill C-55 does that. I look forward to Bill C-55 passing in this House. Therefore, the thoughts and, of course, responsibilities that we have for future generations will be taken as forthright, in front of mind, and the strategies attached to same will include the involvement and priorities of the people whom we are going to actually affect by this legislation, the communities and those along our waterfronts.

Oceans ActGovernment Orders

May 13th, 2019 / 5:05 p.m.
See context

NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, I am very pleased and honoured to rise today and speak to Bill C-55, a very important bill and one of particular significance to me, coming from Vancouver, British Columbia, where the coastline, the oceans and the marine species are so absolutely critical to our economy, culture, people, indigenous nations and, frankly, to our way of life. This bill really speaks to the need to look at our marine areas in a different way, and to start to treasure them and protect them for future generations.

I am pleased to say that our party will support Bill C-55, albeit with some reservations, which I will outline in my remarks.

I want to start by saying that I am disappointed that the government has once again used time allocation. In other words, the government has cut off and limited debate on this bill. This is the 71st time in this Parliament that the Liberals have used time allocation, which is one of the most undemocratic tools that a government can use. It cuts off debate and hinders parliamentarians who, after all, have been sent here to express our positions on behalf of our constituents. It shows a disrespect for Parliament and all Canadians, who elect us to come here to represent them and to ensure that their voices are heard and reflected in the debates in this House.

I sat in the last Parliament when the Conservatives used closure 100 times, and I am starting to see very little difference between Liberals and Conservatives in terms of their fundamental disrespect for the democratic traditions of this chamber.

Interestingly, I heard the hon. parliamentary secretary to the government House leader refer to the budget and describe how one of the Conservatives, by speaking for 15 hours, denied other members the right to speak, yet he does so himself, having risen in this House to introduce a motion to cut off debate. That denies all sorts of members in this House the right to speak. Canadians should be aware of that fundamental disrespect of their rights and democracy.

In British Columbia, as in other areas of the country in the north and on the Atlantic coast, on our coasts, watersheds and oceans, the sea life, the pre-eminent species that reside on the coasts—the orcas and dolphins and of course the iconic salmon, as well as the sea lions and eagles and all other species—are of absolutely profound importance to our entire ecosystem, and when we say “ecosystem”, we are not just talking about ecology. It is part of our economy as well.

I know the Liberals are fond of saying that we have to balance the environment and the economy. Actually, I think we need to go farther than that: We need to recognize that the environment provides the fundamental capital that makes all economic activity possible. When we do not place protection of the environment and our ecosystem first and foremost, we actually threaten our economy. That is what the government has done, repeatedly, through its policies over the last four years.

We use our oceans and our marine areas for recreation. We use enjoy nature there, and they are fundamentally part of the cultural and historic fabric of our indigenous nations. As I have said, they are part of our fundamental economy.

In Vancouver and in British Columbia, tourism and fishing and these kinds of economic activities depend on having a pristine and well-protected environmental system in our marine areas. It is absolutely critical. That is why we need sustainable policies. We need to balance economic activities to make sure that generations forever can enjoy, in a sustainable way, all the bounty of our marine areas.

I do not need to point out that these marine areas are precious and delicate and require extreme care and balance. In fact, we are simply stewards for all future generations of these areas.

There is an irony in the Liberal government patting itself on the back for protecting marine areas at the same time that it has bought the Trans Mountain Kinder Morgan pipeline, which will carry raw bitumen and triple the number of tankers through the Burrard Inlet, right into the marine areas that the government is trying to protect. This will threaten the southern orca population, and if there is ever any kind of spill, it will create an ecological disaster of unimaginable proportion, because bitumen sinks and there is no way to clean it up. As for the Liberals pretending to care about our marine environment, it is impossible to square that idea with their approval of a pipeline that presents probably the most disastrous threat to our marine environment on the west coast that we have seen in some time.

I want to pause for a moment and mention a recent situation that is of great concern to my constituency and the tens of thousands of Filipinos who live in my riding: the hazardous waste that originated in Canada that has been sent over these marine areas to developing nations, in this case to the Philippines.

In 2013 and 2014, a private Canadian company shipped 103 containers to the Philippines. They were labelled as plastics for recycling, even though they also contained waste, such as soiled diapers. These containers have been rotting in a port in the Philippines for years. The Filipino government has been asking Canada to take back this trash, which has been rotting at the port in Manila. Environmentally concerned people in the Philippines were failed by two governments, the Conservatives and now the Liberals, at least until recently, and the Filipino-Canadian population in my riding desperately wants Canada to take back its garbage, quit using developing countries as a dumping ground for our trash over the marine areas and compensate the Government of the Philippines for all its costs in having to deal with this environmental offence over the last number of years.

I will turn to Bill C-55.

This bill would provide some new legal tools to speed up the creation of marine protected areas, MPAs, but it falls short of Canada's environmental and international commitments to protect our marine biodiversity. The bill fails to set a minimum protection standard and targets for zoning for marine protected areas, and while the government recently announced new standards for marine protected areas, we are concerned that omitting them from Bill C-55, from the legislation itself, and instead relegating them to regulations opens them up to easy reversal under a future government. This process would give the minister far too much latitude to decide what activities are permissible in an MPA. The government's new standards would not be enshrined in law and would therefore be easier to undo under a future minister.

As we have heard, Canada has pledged to the international community to protect 5% of Canada's marine areas by 2017 and 10% by 2020 with the aim to halt the destruction of habitats and ecosystems and to protect against the erosion that has gone on for decades under successive Conservative and Liberal governments. In fact, Liberal and Conservative governments have both failed to take meaningful action since signing the 1992 Convention on Biological Diversity. That is 25 years of a commitment that has really been ignored by successive Liberal and Conservative governments.

I think Canadians would be somewhat shocked to know that most marine protected areas today still allow extractive fishing activity, and one even allows for oil and gas exploration. Thankfully, the government recently announced that it would prohibit oil and gas activities, mining, dumping and bottom trawling in MPAs, and that is a good thing. However, it stopped short of creating so-called no-take areas, which have long been the recommendation of conservation groups.

I would also point out that Canada has yet to adopt the IUCN international marine protection standard, and 15 university scientists from St. John's to Victoria have written to the former minister of fisheries and oceans and the current Minister of Environment and Climate Change to ask for stiffer conservation measures in Canada's 12 marine conservation areas, as well as those being proposed in the future. Imagine if we allowed hunters into international parks to hunt. I think that would be absolutely shocking to most Canadians, and totally unacceptable. Why then would we allow it in marine protected areas? The very name implies a marine area that we are protecting. Would we not say that in this one area, there is to be no activity that would extract any marine species or life in that area?

Ninety per cent of Canada's marine areas are open to extractive fishing, so we are not talking about creating a huge burden on Canada's fishing industry. However, if we are going to protect an area for future generations, then we should protect it, and that means not allowing any kind of economic activity other than enjoyment and tourism and people coming to visit those areas and leaving a soft footprint when they are there.

The NDP moved a number of amendments to this legislation that we felt would have made the legislation stronger. We had five objectives. We wanted to enshrine minimum protection standards in the act. Unfortunately, that was rejected by the Liberal government. We wanted to maintain ecological integrity as the primary objective of an MPA. We wanted to enshrine co-governance with indigenous peoples as the governing principle of this act and establish the authority of indigenous guardians, who have such a long, millennial, actually, relationship with these areas under their stewardship. We wanted to require the establishment of significant no-take zones, as I just mentioned. Finally, we wanted to facilitate the implementation of networks of MPAs, which, of course, would facilitate the movement of species from one MPA to another.

Unfortunately, the Liberals were not interested in our amendments. They did pass some Green amendments and one from an independent member that touched on themes similar to ours. Unfortunately, those amendments were diluted versions of our own. We would certainly have been happier if we had received a robust adoption of the principles I just highlighted.

I want to point out some quotes from some environmental and marine experts in this country that show how important this legislation is. I want to quote from West Coast Environmental Law. Its representative said:

The law is currently very inconsistent. As you've heard and will probably continue to hear, people are astonished to learn that oil and gas exploration, undersea mining, and damaging fishing activities are all possible in the tiny fraction of the sea that we [currently] call marine protected areas. That's why an unprecedented 70,000 Canadians, members of the public, spoke out about one of the proposed new MPAs, Laurentian Channel, and said that we need to keep harmful activities out of these areas.

That is simply common sense. Again, I will give the government credit for announcing last week that its policy would be to prohibit those activities other than establishing no-take areas. That is a very important development. Again, I am curious as to why the government did not see fit to enshrine those standards in the legislation itself, where they would have been far more entrenched and more difficult for any future government to unwind.

We did see, in the previous government, that the Conservatives did massive damage to our navigable waters act and to ecological principles, not only on water but on land and in air as well.

I want to comment for a moment on how important it is that we are going to prohibit bottom trawling. I quote:

The scientific evidence clearly demonstrates that bottom trawling has significant damaging impacts to sea floor ecosystems, and that no-take fishing areas are a key component of effective MPAs. Research shows that MPAs that permit varying levels of fishing and other activities are less effective at achieving biodiversity than fully protected areas.

International best practices suggest MPA core no-take zones should encompass 75% of a given MPA. Canada is nowhere close to reaching that high bar....

Right now, the minister has the discretion to determine what activities are allowed in an MPA and how restrictive each zone in an MPA can be. So far, Canada's fisheries minister has implemented a no-take zone in only five MPAs [to date], and those areas are tiny when compared to the overall MPAs. Canada should follow international examples and make no-take zones the rule rather than the exception...[in] MPAs.

That was from our very excellent former fisheries critic, the member for Port Moody—Coquitlam, who has spent a lifetime in watershed development, river health and marine ecosystems.

I want to also take a moment to contrast this bill with the Canada National Parks Act. The Canada National Parks Act sets a high bar for maintaining ecological integrity in all national parks. However, marine protected areas lack the clear minimum protection standards that terrestrial parks benefit from.

The federal government recently announced that a national advisory panel would be established to provide the Ministry of Fisheries, Oceans and the Canadian Coast Guard with advice on minimum standards for future Oceans Act MPAs. This would still leave protection standards to the subjective judgment of the minister. Since fisheries ministers in the past have permitted seabed mining, oil and gas exploration and other industrial activities in MPAs, we do not have confidence in that discretion. Of course, that is based on empirical experience, not theoretical concerns. Therefore, the solution is to enshrine minimum protection standards in the legislation. The NDP would continue to urge the current government and future governments to take that very important step.

Our oceans are a critical part of our country. They are critical to our economy, our culture and our social relations. They are enjoyed by millions of Canadians from coast to coast. Therefore, in the same way we want to ensure that we continue to expand our protection for natural terrestrial parks, we need to do the same in marine areas. To do that, there can be no half measures. We should not be quibbling. We should be having world-class, cutting-edge, state-of-the-art, complete protection of marine biodiversity in all marine protected areas. Frankly, given that it is still such a small percentage of the vast oceans that many members in this House have already commented on, with Canada, I believe, having the largest coastline in the world, I think the case can strongly be made that in those few small areas we are protecting, we should protect them completely.

The New Democrats will be voting in support of this legislation, because it makes the designation of marine protected areas easier and faster, which is a good thing. We support the government's policy announcement last week that it will strengthen and tighten the kinds of damaging industrial and commercial activities that frankly gut the purpose of marine protected areas. However, we will be pushing the government in every positive way we can to make sure that this legislation responds in a more positive way to the concerns that have been raised, because it is not quite there yet.

I want to conclude my remarks by talking about the indigenous nations in Canada. In the New Democrats' view, reconciliation should be part of all legislation. Additional designations are welcome tools, but it does not make sense, in our view, to exclude the explicit recognition of indigenous rights in the Oceans Act. Given the implications of MPAs on indigenous constitutional rights, we believe this omission is irresponsible, and frankly, inconsistent with the current government's stated objective of pursuing reconciliation. The federal government's commitment to implementing the United Nations Declaration on the Rights of Indigenous Peoples and to working in a true nation-to-nation relationship with Canada's indigenous peoples is something we need to make a reality. Every time the government introduces legislation that does not make an explicit and strong reference to those indigenous rights, we see it as a missed opportunity and evidence that the government's commitment to reconciliation is more one of words than of action.

I will conclude with this. British Columbians are very proud of our west coast. New Democrats are very proud to be strong defenders of those coasts and all the species that live within them. That is why we are going to continue to fight hard against irresponsible pipeline decisions that threaten our coast. We are going to fight for strong environmental protections for all marine areas, for the expansion of those areas and for 100% protection of those marine protected areas so that all species, from the orca to the salmon to the human, who enjoy those areas can continue to enjoy them for millennia to come.

Oceans ActGovernment Orders

May 13th, 2019 / 4:05 p.m.
See context

Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, in response to my colleague's question, climate is what people expect and weather is what they get. That is the simple definition.

What is a marine protected area? Obviously it is an area that is considered important and in need of some kind of protection. Unfortunately, the devil is in the details. Marine protected areas are actually quite difficult to do. They are three-dimensional columns of water, where a lot of things are going on inside that column of water. By comparison, terrestrial conservation areas are much easier to deal with.

I would like to comment on what my friend from Cypress Hills—Grasslands said a minute ago. He talked about stewardship. When it comes to environmental conservation, local people on the ground, conducting stewardship activities and using the knowledge they have learned over generations, is by far the better way than the top-down environmental regulation that the government prefers.

What are some of the problems with marine protected areas? For example, what are they actually going to accomplish? My colleague across the way talked about an area off Victoria, Race Rocks. It was designated some 20 years ago as an important area, yet it is still in place now and the discussions are ongoing. For 20 years, the area had been de facto protected.

The other issue with marine protected areas is this. What are the terms and conditions of setting aside one of these areas? Let us just say the benthic invertebrates, like the glass sponge reefs off Haida Gwaii, are going to be protected. I think that is a worthy goal, given that some types of fishing activities can affect the benthic environment. Would ships passing over top of this area have any effect on the primary reason for the MPA?

For the Minister of Environment and Climate Change and the Minister of Transport and regional economic development ministers, it is going to be critical for them to look at the terms and conditions of an MPA. Most people think it is an area that is set aside where there is no activity at all. The point is that, if an MPA has an important benthic environment, for example, that happens to be on a shipping lane, bottom crawling can be restricted to protect the benthic environment while shipping is still allowed. Again, it is a balancing act that I think needs to be done.

This is not a partisan issue at all, but the terms and conditions are very important. Again, in terms of marine protected areas, as was mentioned by the shadow minister for fisheries, many of the fish species are migratory, and they go in and out of these marine protected areas. When one looks at the two great fishery tragedies off the east coast in the last little while—the Atlantic cod and the Atlantic salmon—right now, it is hard to see what a marine protected area would have done for these highly mobile species.

There are places where aquatic protected areas actually make sense, but they have to be very well delineated and with the proper terms and conditions. I will use an example that I am familiar with from back home, and that is lake trout spawning reefs. Lake trout spawn in the fall, and they are very vulnerable to overfishing at that time, because they concentrate on specific reefs. It makes a lot of sense—and the Manitoba government has done this in many areas—to put these lake trout spawning reefs off-limits to fishing, even catch-and-release fishing, during the sensitive time when the lake trout are using these reefs.

Again, the devil is in the details, and it is far too easy to call an area “protected” when that protection does not really do a lot.

I sat on the fisheries committee when Bill C-55 was being discussed. A lot of the reaction from communities was quite negative. A lot dealt with consultation, and a lot dealt with the effect on the local economy. Leonard LeBlanc, managing director of Gulf Nova Scotia Fleet Planning Board said:

The process DFO used to approach harvester associations and consult on the areas of interest for designation was unorganized and totally not transparent....

...this consultation process on the area of interest for MPA designation in the Cape Breton Trough perpetuated the lack of trust between industry and DFO. The lack of inclusion and answers during the consultation phase, the lack of real scientific evidence for reasoning behind the area of interest, and the lack of guarantees that traditional fisheries could continue all led to further distrust of DFO's consultation....

Mr. Ian MacPherson, executive director of the Prince Edward Island Fishermen's Association, said:

...we...have concerns surrounding the tight timelines to accomplish these goals.... The displacement of fishers from one community to another as a result of an MPA would shift the economics of the island.

Christina Burridge, executive director of the BC Seafood Alliance, said:

On the west coast, we're not seeing a lot of evidence-based decision-making. It's beginning to look like political decision-making.

She continued:

Closing large areas to fishing off the west coast does little for biodiversity, little for conservation, little for the men and women up and down the coast who work in our sector and who...deserve access to local, sustainable...food.

My colleague, the shadow minister for fisheries, quoted Mr. Sean Cox, a professor of fisheries from Simon Fraser University, who said:

Looking at some of the previous testimony, there was a claim that there was overwhelming scientific proof that MPAs are beneficial and widely successful. I think that was misrepresentation of the actual science.

Therefore, the Liberals' rationale for the MPAs, which is that they have done enough consultation and there is a scientific basis to them, is clearly shown to be bogus.

As I said in one of my questions earlier, I have a very strange environmental philosophy, which is this. Every environmental policy and environmental decision that government makes and every single dollar that is spent on the environment or fisheries by a government should generate a clear and measurable environmental result. So far, the track record of the current government is poor.

I also want to talk about some of my time on the fisheries committee dealing with the Atlantic salmon. As I mentioned earlier, I have the report here. The fisheries committee is different from a lot of other committees in that we operate on a very collegial basis and try very hard to have unanimous reports, which I think is still the case. We on the fisheries committee are treated to some excellent science witnesses, and there is robust debate about the data and evidence that is presented, yet it is always respectful. We produced a report in January 2017 entitled “Wild Atlantic Salmon in Eastern Canada”. Under the current government's watch, the populations of Atlantic salmon have plummeted for a whole bunch of reasons: the very high seal populations; the very high predation rates; the predation rates by striped bass on Atlantic salmon smolts; the overfishing by Greenland of our multi-sea-winter fish; and the issue of the smallmouth bass in Miramichi Lake, to look at one specific water body there.

We produced a report with 17 recommendations. They were very specific recommendations. In one, in particular, we recommended a target the government should have of restoring the Atlantic salmon populations to 1975 levels, with measurable results reported on a regular basis. We talked about engaging with Greenland. We talked about increasing the seal harvest to help the salmon out. There were other recommendations as well. These have all been ignored.

The letter the minister sent in response to this report was a disgrace. The words “restore” and “rehabilitate” did not occur in that letter at all. It was a fluff piece that talked about consultation and so on, in spite of the fact that our Atlantic salmon report had very specific, broadly based and widely supported recommendations. As I said in some of my earlier comments, the current government prefers show over substance.

On the west coast, things are not much better. I have an article here from the CBC, dated December 2018, just a few months ago. It states that more than a dozen B.C. chinook salmon populations are in decline and only one population in the southern group is doing well. The article reports that there is one population that is down to 200 fish. All of this is on the current government's watch. It is doing nothing to deal with some of the crises occurring with our fish stocks right now.

I will go back to my point about generating real and measurable environmental results. When we were in government, we had the recreational fisheries conservation partnership program. Over the life of the program, while we were in government, some 800 projects were funded. Indeed, in one year, for example, the first year, 380 partners undertook 94 habitat restoration projects; 1,700 volunteers donated their time; 2.4 million square metres of habitat were restored; and 200 linear kilometres of recreational fisheries habit were enhanced. These were real and measurable environmental results.

In fact, it was unanimous at the fisheries committee that the Liberal government continue funding the recreational fisheries conservation partnerships program, which delivered real and measurable environmental results. Guess what. It killed the program and the hopes and dreams of many small communities that depend on fisheries.

One of the projects that I am very proud of, which was funded by the recreational fisheries conservation partnerships program, was in a nearby constituency to mine, the constituency of the member for Brandon—Souris, Pelican Lake. Why am I mentioning this? The reason is that this was a project funded by the recreational fisheries conservation partnerships program. In this particular lake, people used to winter kill. This community is partly based on tourism. Sport fishing is very important. With a very small grant from the recreational fisheries conservation partnerships program, aerators were installed on Pelican Lake, and now the fish population has been conserved in that particular lake. People do not winter kill anymore and the economy is booming because of it. Again, it is a real and measurable fisheries result from a program, something that the government simply does not do. It does not deliver results, and it does not measure results.

In terms of the effect on local communities, the government talks a good line on conserving marine mammals, but recently it implemented new whale-watching regulations. I happened to be in Churchill last summer. If any members have had the pleasure of going to Churchill, and I know some of them have, it is an unbelievable experience. I was there in July, and at that particular time of year, thousands of beluga whales crowd into the estuary. The new whale-watching regulations have minimum distances and the animals cannot be approached. It is clearly ridiculous for Churchill, because the minute people launch their boats from the shore, the whales come up to them and they are now technically doing something illegal.

DFO's concern should be the sustainability of populations. The population estimate of beluga whales on the west coast of Hudson Bay is around 55,000, and it is slowly increasing. That trend continues. This is a population of beluga whales that is thriving, yet for no conservation reason at all, DFO is imposing these whale-watching regulations on a tourism-dependent community, on an activity that generates millions of dollars per year. Again, the government's unthinking approach to fisheries and environmental policy is hurting communities.

In his comments earlier, the minister spoke about the Fisheries Act. I was on the fisheries committee when the Fisheries Act was changed in 2012. The Fisheries Act was written in 1898 and was in desperate need of modernization. The definition of what was designated as fish habitat kept expanding, so that puddles in farmers' fields, drainage ditches and so on were now considered fish habitat.

In 2009, for example, the Auditor General did an audit of the original Fisheries Act, after the act had been in place since 1898. The Auditor General found this:

Fisheries and Oceans Canada and Environment Canada cannot demonstrate that fish habitat is being adequately protected as the Fisheries Act requires. In the 23 years since the Habitat Policy was adopted [in 1986], many parts of the Policy have been implemented only partially by Fisheries and Oceans Canada or not at all. The Department does not measure habitat loss or gain. It has limited information on the state of fish habitat across Canada—that is, on fish stocks, the amount and quality of fish habitat, contaminants in fish, and overall water quality. Fisheries and Oceans Canada still cannot determine the extent to which it is progressing toward the Policy’s long-term objective of a net gain in fish habitat.

The Fisheries Act was so broad that it was ineffective, so our changes made a lot of sense.

For example, in the Prairies, there was an issue in the early 2000s when DFO went hog-wild trying to enforce this unwieldy and unnecessary act. It sent around what we called the “fish cops”, which really riled up rural communities and delivered no significant environmental results.

I was very impressed by the testimony of a Mr. Ron Bonnett, who was president at the time of the Canadian Federation of Agriculture. He said:

The experience that many farmers had with the Fisheries Act, unfortunately, was not a positive one. It was characterized by lengthy bureaucratic applications for permitting and authorizations, and a focus on enforcement and compliance measures taken by officials.... Many farmers were then relieved when the changes that were made just a few years ago [by the Conservative government] drastically improved the timeliness and cost of conducting regular maintenance and improvement activities to their farms as well as lifting the threat of being deemed out of compliance.

Mr. Bonnett went on to point out:

There are also many accounts of inconsistency in enforcement, monitoring, and compliance across Canada with different empowered organizations, which led to a confusion and indiscriminate approaches to enforcement and implementation. Even at the individual level, there were different interpretations of the act based on one's familiarity with agriculture.

He continued:

It is CFA's position that a complete revert to reinstate all provisions of the Fisheries Act as they were would be unproductive, would re-establish the same problems for farmers, and would provide little improvement in outcome for the protection and improvement of fish habitat. Human-made water bodies such as drainage ditches simply should not be treated as fish habitat.

He also noted, “The current streamlined approach is working far better for all and efforts should continue this approach.”

Then he made this incredible statement, which backs up what I was saying earlier:

Overall, any changes to the current Fisheries Act [2012] should be considered as to how they will support outcomes-based conservation rather than a process-oriented approach.

I note that on his own farm, Mr. Bonnett is legendary for his conservation work in keeping cattle out of streams and working very well with the conservation community to enhance and protect all kinds of habitats.

In terms of the Senate amendments, I do support them. It is very important that we get this right. The Senate amendments are very clear that what an MPA is needs to be clearly specified and flexibility allowed. If an area is just closed off to everybody without any thought as to what the goals and objectives are, it would hurt coastal and rural communities.

Obviously, this legislation will pass, as the government has a majority. As I said early in my speech, it is very important that the needs of local communities be taken into account. For example, off the coast of Newfoundland there is a significant food fishery for cod. It is a very important activity there, one that I would like to participate in one of these years. What if the issue in that area is the protection of the benthic environment? Obviously, a food fishery for cod should not affect the benthic environment. Therefore, commercial fishing technologies that have the potential to harm the benthic environment could be dealt with, while at the same time ensuring local community benefits.

Also, I will go back to the notion of stewardship, which my friend from Cypress Hills—Grasslands talked about. I have the honour of representing a large rural community with agriculture, trapping, hunting, fishing, forestry and some oil and gas development. The environment in my particular constituency is one of extremely high quality, and that is because of the conservation efforts by people who are on the ground, who have years and years of experience and know what they are talking about. They will deliver environmental conservation on time and under budget in a way that benefits the environment for all of us.

Oceans ActGovernment Orders

May 13th, 2019 / 3:55 p.m.
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Liberal

Chris Bittle Liberal St. Catharines, ON

Madam Speaker, I am honoured to be speaking to the motion concerning the Senate amendments to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act.

As many members know, the bill was introduced in June 2017. It is almost two years later, and I believe it is time to pass the bill so we can better protect fragile marine environments.

Earlier today, many members opposite showed their opposition to passing the bill as soon as possible, despite our having had nine days of debate in the House, nine committee meetings at the House fisheries committee and eight meetings at the Senate fisheries committee. Indeed, in the time it has taken for us to get to this stage of the legislative process, we could have already designated interim protections to some of the most sensitive marine ecosystems in our oceans. Instead, despite the importance of protecting our environment and the support from Canadians from coast to coast to coast, we are being forced to defend the merits of a bill that would simply provide a tool for the government to provide interim protection to marine areas. Again, this measure has been before us for almost two years.

The motion today provided by the Minister of Fisheries, Oceans and the Canadian Coast Guard not only is a common sense approach but shows this government's commitment to working with the hon. members of the other place. Indeed, the Senate's message received just over a week ago by the House adds an amendment that would require, before an order for interim protection is made, that the approximate geographical location and a preliminary assessment of what needs protection be published. A further amendment by Senator Patterson would require that a secondary consultation process of at least 60 days be undertaken before an order is made, and that any comments or questions be responded to within 30 days.

At first blush, these changes seem reasonable. They are, for the most part. That is why they are more or less already required under existing legislation and the Oceans Act as it is written today. In fact, sections 29-33 outline explicitly the requirements for consultations. The act says in section 33, under “Oceans Management Strategy”:

33(1) In exercising the powers and performing the duties and functions assigned to the Minister by this Act, the Minister

(a) shall cooperate with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements;

(b) may enter into agreements with any person or body or with another minister, board or agency of the Government of Canada;

(c) shall gather, compile, analyse, coordinate and disseminate information

Furthermore, information such as the geographical location and all other relevant information is readily available regarding areas of interest, which is the first step in the permanent MPA designation process. That means we already have in place a process that provides the information that the Senate amendment is seeking. Let me give members an example.

Race Rocks is an area of interest over which the government is currently consulting with stakeholders, the community and indigenous groups to establish an MPA. While it has yet to be designated, people can go online today to see the proposed geographical location. It is located 17 kilometres southwest of Victoria, British Columbia, in the Strait of Juan de Fuca, and consists of nine islets. The area of interest, or AOI, is approximately two square kilometres. There is also a link to a 2011 report that includes an ecosystem overview and assessment.

Again, this is an example of how the government is already open and transparent, as required by the Cabinet Directive on Regulation, and shows how the amendment from the Senate is duplicative.

There is another interesting piece of information on Race Rocks, listed under the heading “Key Objectives and Approach”. It says, “On September 1, 1998, the Race Rocks AOI was announced by the Minister of Fisheries and Oceans Canada. The objective for the proposed Race Rocks Marine Protected Area, MPA, is to conserve and protect the biodiversity and ecosystem function of the area.”

The announcement for the AOI was made in 1998. That is over 20 years ago. It seems shocking that while we have heard it takes on average between seven and 10 years for an MPA to be established, this area was announced as being ecologically significant over 20 years ago, but in the past two decades has had no interim protection because the mechanism does not exist.

That is why we are debating Bill C-55 today. It would create the mechanisms. It would allow us to protect areas on an interim basis until the decision is made for permanent designation.

Let me emphasize that this is not a shortcut. On average, it takes seven to 10 years to designate an MPA. On average, it takes two years to establish an AOI. If a designation for permanent protection must be made within five years of an interim protection area being designated, that brings the time down from seven to 10 years to seven years. The process for designation continues to be rigorous and robust.

I would also like to speak to the part of the Senate amendment made by Senator Patterson regarding another consultation period. To be clear, consultations are the cornerstone of the MPA development process, and even after an order for interim protection was made, comprehensive consultations would continue.

Senator Patterson's amendment would create secondary consultation processes that would require an additional 90 days before an interim order could be made. This added period would go against the very objective of the bill, which is to apply the precautionary principle and provide protection faster to areas we already know are ecologically significant while the consultations continued on a path to permanent designation.

For these reasons, the government has suggested an amendment that accepts the intent of the amendment from the other place while still respecting the objectives and purposes of the bill. Our government is thankful for the robust debate that has occurred in the other chamber, and we are happy to support this proposed amendment that would not have been developed if not received through the message from the other place and the concerns raised from their regions.

I believe it is time to move forward on this legislation.

Oceans ActGovernment Orders

May 13th, 2019 / 3:40 p.m.
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Liberal

Churence Rogers Liberal Bonavista—Burin—Trinity, NL

Madam Speaker, I would like to inform you that I will be splitting my time with the member for St. Catharines.

Today we are talking about Bill C-55, a bill that would amend the Oceans Act and the Canada Petroleum Resources Act.

Bill C-55 is an important element of our marine conservation agenda. While the proposed amendments provide another tool for us to meet our international commitment to increase the protection of Canada's marine and coastal areas to 10% by 2020, our government's objective, first and foremost, is to protect sensitive and important marine and coastal areas for the benefit of present and future generations of Canadians.

Decades of experience in establishing marine protected areas has shown us that too many delays occur during the establishment process. Through this experience, we have learned there are circumstances where greater harm to sensitive marine areas can occur during the time it takes to establish a marine protected area, sometimes up to 10 years.

The interim protections proposed under Bill C-55 address this gap in conserving our marine biodiversity and will give us the option to establish interim protection where initial science and consultation tells us we need to afford the area extra precaution.

While I thank the other place for the attention paid to the bill, the new amendments would negatively impact the government's ability to apply the precautionary principle and could put sensitive and important ecosystems at risk.

While we are rejecting the amendment from the other place, we are proposing to replace it with an amendment that would capture the intent of the changes sought by members of the other place. Indeed, we understand the concern that was shared by various senators regarding the consultations and ensuring the communities would not be negatively impacted by interim protection orders. We agree that consultations are important. In fact, they are the cornerstone of the development of marine protected areas.

That is why we are proposing an amendment that would require the geographical location, relevant information, as well as consultations that were undertaken, to be published when an order for interim protection is made. This proposed amendment will ensure that communities get the information they need and that we undertake the comprehensive consultations that are outlined in existing legislation in the designation of interim protection. It will allow us to continue to apply the precautionary approach, which underpins the objectives of this bill.

Most of the discussions held during the Senate review of Bill C-55 focused on transparency and consultations. I would like to provide an example of how the Government of Canada is demonstrating its commitment to work with many of its valued partners in an open and collaborative manner.

This government has been working steadily to build a partnership with the Government of Nunavut and the Qikiqtani Inuit Association to advance protection of Canada's High Arctic marine environment. As well, we have been engaging directly with northern communities and conducting scientific studies to better understand this ecosystem and its linkages to food security for indigenous peoples.

This area is of particular ecological importance as it maintains a relatively constant cover of old, thick and multi-year pack ice. As the ice melts in the rest of the Arctic, this area is expected to retain its multi-year pack ice further into the future and may therefore provide a last refuge for ice-dependent species, such as polar bears, beluga whales, narwhals and seals. Sea ice also provides habitat for the algae that forms a vital part of the Arctic food web. This area is also home to the last remaining ice shelves in North America.

This ongoing collaboration has led to a memorandum of understanding with the Government of Nunavut and the Qikiqtani Inuit Association, committing us to assess the feasibility and desirability of protecting the High Arctic Basin. This work will consider the social, cultural, environmental and economic benefits and impacts of establishing a conservation area in this region.

This conservation effort supports the development of a conservation economy in the Arctic and our budget 2019 affirms this commitment to protect the High Arctic Basin with our partners.

The ability to provide early interim protection to the High Arctic Basin depends on royal assent of Bill C-55 in a manner that does not contradict the fundamental spirit and intent of the bill; that is to take action quickly to protect ecologically sensitive and important marine areas following initial science and consultation.

In a recent letter, the Qikiqtani Inuit Association, which represents over 15,000 Inuit, expressed serious concerns about the amendments provided by the other place. In the letter, the president, PJ Akeeagok, states:

We are concerned that this proposed amendment risks undermining the actualization of Inuit rights by conflating the requirement to uphold the rights of Inuit with a broader engagement with the interests of stakeholders. The current version of Bill C-55, sets out the appropriate hierarchy. Interim measures allow parties the opportunity to commit to determining the final details required to establish protected areas. This important step is key to successfully ensuring all parties interests are taken into account prior to final establishment.

QIA further submits that striking a broader consultation after an interim order is appropriate and effective to assess whether formal designation of part or all of the area under an interim order should be recommended to be designated as a permanent MPA by regulation.

The Government of Canada respects the rights of indigenous peoples and we are committed to consulting, collaborating and partnering with the very governments and groups that are essential to interim protection and longer-term protection.

With the support of our Inuit and northern partners, we intend to establish an interim marine protected area for the High Arctic Basin. Following this step, Fisheries and Oceans Canada and Parks Canada agencies will continue to work with the Government of Nunavut and the Qikiqtani Inuit Association and others to continue important scientific work and explore the best ways of collaboratively protecting and managing this area through permanent protection measures.

On April 25, at the Nature Champions Summit in Montreal, the government announced new protection standards for marine protected areas. While these standards apply to future federal marine protected areas that are permanent and not to interim protection, the government's commitment to high protection standards was applauded in Canada and by the international community.

Marine conservation has always been, and will always be, an all-in effort. To date, we have protected 8.27% of our ocean estate. We did not get there alone. This tremendous achievement is the result of many protected areas established by provinces, territories and the federal government. It also includes the contribution of other conservation measures, like marine refuges, which have been developed in collaboration with many parties, most notably fisheries groups.

Reaching our target has been a high priority for this government and we are committed to achieving it together with our partners. We can no longer take our rich endowment of marine biodiversity for granted. We have been drawing economic benefit from our oceans for generations, but we need to invest in protecting our oceans to ensure the ecosystem services they provide can be maintained into the future.

Healthy marine ecosystems provide a range of vital benefits. They support climate regulation, provide nutritious food and support seafood industries and many other economic sectors and provide habitat needed to support species abundance.

Bill C-55 has been reviewed by Parliament for nearly two years. With interim protection, we will be able to act quickly and collaboratively to protect our oceans from coast to coast to coast. Bill C-55 is based on a vision to protect our oceans for future generations, and its success depends on partnerships. We must act today and pass the bill as the House intended.