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


(This bill did not become law.)

Oil Tanker Moratorium ActGovernment Orders

October 2nd, 2017 / 4:10 p.m.
See context


Fin Donnelly NDP Port Moody—Coquitlam, BC

Mr. Speaker, I rise to speak in favour of Bill C-48, an act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast.

Legislating the prior informal ban has been a policy objective of Canada's NDP for many years, which received support from Liberal MPs, particularly on the west coast.

The history of Bill C-48 has been quite the legislative roller coaster. Multiple private members' bills have been tabled to protect the north coast, but none became law.

In 2001, Bill C-571 was introduced by an NDP MP. In 2009, Bill C-458 was introduced by an NDP MP. In 2010, Bill C-606 was introduced by a Liberal MP. In 2011, I introduced Bill C-211. In 2012, Bill C-437 was introduced by a Liberal MP. In 2014, Bill C-628 was introduced by my colleague, the hon. member for Skeena—Bulkley Valley.

In 2010, the member for Skeena—Bulkley Valley moved a north coast tanker ban motion, which passed in the House 143 to 138, with the support of all parties in the House, except Conservative minority government members who voted against it.

Now, here we are finally debating a bill that would protect the north coast from crude oil tanker traffic for good. The New Democrats welcome the legislation, but we do so with caution. We are concerned that Bill C-48 would give the minister of transport too much arbitrary power to exempt vessels from the legislation and the power to define what fuels would be exempt from the act. We hope the government will implement constructive amendments to limit ministerial power and increase oil spill response resources beyond its ocean protection plan commitments to respond to spills from refined oil vessels not covered by this ban.

Our NDP caucus, local first nations, municipal governments, trade unions, environmental NGOs, grassroots activists, and concerned citizens have over the years increased the call for this ban due to the environmental threat posed by the northern gateway pipeline project.

Northern gateway would have meant the annual passage of 225 supertankers bigger than the Empire State building, which would carry three times as much oil as the Exxon Valdez did before its catastrophic spill into similar waters. Cleanup and coastal recovery for the Exxon Valdez spill cost about $9.5 billion, of which Exxon paid only $3.5 billion. Twenty-five years after that spill, fish habitat and stocks still have not fully recovered. I shake my head in disbelief that so many MPs in the House still think the northern gateway pipeline project would have been a net benefit to Canada.

It is equally galling that our last government ripped up essential environmental laws and undermined the National Energy Board process in order to rubberstamp this pipeline project and others like it. As a result, we are still living with the short-sighted rip and ship mentality for Canada.

It was this short-sighted economic vision that disregarded the crown's obligation to our first nation's people. Canadians still remember how in December, 2013, despite overwhelming opposition from British Columbians and first nations, the National Energy Board recommended approval of the project, along with its 209 conditions. British Columbians showed their resolve to defend our coast by creating a broad-based movement of resistance, which today has shifted its focus to the Liberal's Kinder Morgan pipeline project expansion.

The defenders of our coast were vindicated in January 2016 when the B.C. Supreme Court ruled that the Province of B.C. “has breached the honour of the Crown by failing to consult” with the Gitga'at and other coastal first nations on the Enbridge northern gateway pipeline project.

Not considering the environmental dangers of a pipeline through northern B.C. was a grave mistake. A large spill would be a disaster for the north coast. In particular, a supertanker oil spill could deal a serious blow to our already struggling wild salmon.

In British Columbia, our wild salmon are considered an iconic species, an integral part of our identity. They are a keynote species that delivers nutrients deep into the forests when they die. They are a major part of what makes the Great Bear Rainforest so great. Salmon support first nations communities, coastal communities, and are an integral part of our west coast economy.

The waters off British Columbia's north coast are a significant salmon migration route, with millions of salmon coming from the more than 650 streams and rivers along the coast. The impacts of a single oil spill would be devastating.

The commercial fishery on the north coast catches over $100 million worth of fish annually. Over 2,500 residents along B.C.'s north coast work in the commercial fishery. The fish processing industry employs thousands more.

The magnificent beauty of this region and the abundance of salmon have made it a world-renowned destination for ecotourism. The tourism industry has been a major catalyst for employment, economic growth, and opportunity in British Columbia. Businesses in this region have worked hard to promote their location as a major tourist destination.

As other resource-based jobs have taken a hit, tourism has provided a much-needed economic boost. The west coast wilderness tourism industry is now estimated to be worth over $782 million annually, employing some 26,000 people full-time and roughly 40,000 people in total. People from all over the world come to the north coast to witness the annual migration of the more than 20,000 gray whales and northern killer whales.

The shoreline is dotted with sports fishing lodges, as fishing enthusiasts flock to experience the natural marine environment and wild ocean and take part in the world famous fishery. People are often left awestruck after spending even a day kayaking, bear watching, or enjoying a guided trip showcasing the majestic west coast. They come to photograph sea otters and bald eagles, and to experience in some cases the untouched natural environment of the Pacific coast.

This legislated crude oil tanker ban will help protect the Great Bear Rainforest and Gwuii Haanas marine conservation parks. These two protected areas have incredible biological diversity that all parties in the House agree should be protected. They contain many species of concern like iconic killer whales, grizzly bears, bald eagles, and Pacific salmon. With so much at stake for our economy and our ecology, we are happy that Bill C-48 legislates an end to the threat posed by projects like northern gateway, but are also disappointed that the bill does not protect B.C.'s coast outright from oil tanker spills.

Limiting tankers to more than 12,500 tonnes of crude oil on the north coast of Canada appears arbitrary and dangerously high. I encourage the government to make public the past and current oil shipment information for this region and provide a rationale for the 12,500 tonne threshold, including the types of vessels or shipments it will include or exclude. There is no reason to impede necessary vessels that help our coastal communities thrive, but clarity is required to ensure a proper threshold so as not to cause undue risk.

The bill makes exceptions for refined oil products like diesel, gasoline, and propane in order for coastal communities to be resupplied and to support value-added petroleum industries. While most of this is understandable, it means the bill does nothing to protect our coast from refined oil spills that could impact marine environments and disrupt valuable ecosystems.

The recent Nathan E. Stewart disaster shows just how big a threat refined oil spills can be. It demonstrates the need for increased oil spill response funding and training on the north coast and increased oil spill prevention measures for refined oil vessels.

For those needing a reminder, the Nathan E. Stewart ran aground in the early hours of October 13, 2016, near Bella Bella, in the heart of the Great Bear Rainforest, spilling toxic diesel into critical fishing areas off B.C.'s central coast. The vessel eventually sank, spilling as much as 110,000 litres of diesel into the marine environment. Cleanup efforts were repeatedly hampered by bad weather and the vessel was not recovered until more than a month after it sank. Good thing the Nathan E. Stewart was not at maximum fuel capacity. The damage would have been even worse.

A Transportation Safety Board investigation showed spill response was inadequate, including slow response time, insufficient and ineffective equipment, a lack of safety gear, and confusion about who was in charge. First nations leaders were outraged at the government's slow and inadequate spill response. This bill would do nothing to ban vessels like the Nathan E. Stewart from carrying the amount of fuel that it did. We must learn from this disaster to prevent such accidents, and to ensure that, if they do occur, coastal communities are better equipped to quickly respond. We are encouraged to see investments in spill response as part of the government's much-touted oceans protection plan. However, these investments alone are simply inadequate.

It is discouraging that despite the NDP's objections, the government closed three integral marine communications and traffic services centres on B.C.'s coast, which undermines the ability of a speedy spill response. Justine Hunter of The Globe and Mail wrote:

The MCTS is responsible for monitoring distress calls, co-ordinating responses, and taking action to ensure the safe and efficient movement of vessels in Canadian waters. However, with only two MCTS officers responsible for monitoring a vast stretch of B.C.'s coast, from north of Vancouver Island to the Alaskan border and including the inside passage, a source with knowledge of the situation says there was little chance that anyone would have spotted the doomed course of the tug, charted in real time on marine traffic maps through its Automatic Identification System transponder.

The best spill response plans include spill prevention plans and, sadly, the current government is moving in the wrong direction. B.C.'s MCTS centres deal with an incredible volume of marine traffic. By consolidating MCTS resources into only two centres, Prince Rupert and Victoria, the government has increased the number of vessels that our already overworked Coast Guard staff have to monitor and has opened up the system to new failures. Marine vessels continue to report that communications systems regularly go down, leaving vessels without Coast Guard contact. It was short-sighted to close the Comox MCTS centre, removing much-needed resources along our coast who have local knowledge and monitoring capacity. The most troubling aspect of Bill C-48 is that it would allow the Minister of Transport to make exceptions for indeterminate lengths of time without public review or comment.

Gavin Smith of West Coast Environmental Law said:

Section 6(1) of Bill C-48 allows the Minister, by order, to exempt identified oil tankers from the ban on any terms and for any period of time. Moreover, section 6(2) says that the Statutory Instruments Act does not apply to such exemption orders, which removes requirements that such exemption orders be published and made easily available for public inspection.

This provision, if used to its full extent, could allow wide-scale and long-term exemptions from the oil tanker ban to be ordered behind closed doors without opportunity for public review and input, effectively gutting the purpose of the Oil Tanker Moratorium Act. The need for this provision is unclear given that Bill C-48 already includes sensible exemptions from the oil tanker ban for vessels in various forms of distress (e.g. to ensure the safety of the vessel, for medical emergencies, or to render assistance to another vessel in distress), as well as vessels under the control of the Minister of National Defence. It is even more puzzling that the government has proposed excluding such exemption orders from the application of the Statutory Instruments Act, which effectively makes them less public.

Canada's New Democrats agree. The powers given to the minister in this bill would undermine its positive aspects. The minister's power to exempt ships for indeterminate amounts of time if deemed in the public interest is far too broad. There should be time limits on exemptions and opportunities for public comment on any long-term exemptions. This should also apply to the regulatory authority to add or remove fuel types that count under the ban.

Bill C-48 has loopholes large enough to drive an oil tanker through. Ministerial discretion has been used by the Liberal government and others to circumvent the positive aspects of this bill. There is no need to continue this pattern of letting industry circumvent Canada's environmental laws without constraint or review.

This bill is a positive development for British Columbians and Canadians, but it can be improved. It protects what we hold dear and takes us a step closer to a different vision of development on Canada's west coast. However, with the ability to veto protection for destructive megaprojects, the bill still leaves B.C.'s north coast vulnerable.

We ask the government to listen to first nations, NGOs, and coastal communities to close the gaps in Bill C-48 and truly protect the assets of the Pacific north coast.