Bill C-64 (Historical)

Wrecked, Abandoned or Hazardous Vessels Act

An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations

This enactment enacts the Wrecked, Abandoned or Hazardous Vessels Act, which promotes the protection of the public, of the environment, including coastlines and shorelines, and of infrastructure by regulating abandoned or hazardous vessels and wrecks in Canadian waters and, in certain cases, Canada’s exclusive economic zone, and by recognizing the responsibility and liability of owners for their vessels.
The Act, among other things,
(a) implements the Nairobi International Convention on the Removal of Wrecks, 2007;
(b) requires owners of vessels of 300 gross tonnage and above, and unregistered vessels being towed, to maintain wreck removal insurance or other financial security;
(c) prohibits vessel abandonment unless it is authorized under an Act of Parliament or of the legislature of a province or it is due to a maritime emergency;
(d) prohibits the leaving of a dilapidated vessel in the same place for more than 60 days without authorization;
(e) authorizes the Minister of Transport or the Minister of Fisheries and Oceans to order the removal of a dilapidated vessel left on any federal property;
(f) authorizes the Minister of Fisheries and Oceans to take measures to prevent, mitigate or eliminate hazards posed by vessels or wrecks and to hold the owner liable;
(g) authorizes the Minister of Transport to take measures with respect to abandoned or dilapidated vessels and to hold the owner liable;
(h) establishes an administration and enforcement scheme, including administrative monetary penalties; and
(i) authorizes the Governor in Council to make regulations respecting such matters as excluding certain vessels from the application of the Act, setting fees and establishing requirements for salvage operations, the towing of vessels and the dismantlement or destruction of vessels.
The enactment also re-enacts and revises provisions related to the International Convention on Salvage, 1989 and to the receiver of wreck. The enactment strengthens the protection of owners of certain wrecks in cases where the owner is unknown or cannot be located and maintains regulatory powers related to the protection and preservation of wrecks having heritage value.
Finally, it makes related and consequential amendments to other Acts.

The Environment

[Marc Garneau, Liberal, Minister of Transport]

Mr. Speaker, I thank the member for his question, as well as the Minister of Rural Economic Development and other Liberals who have advocated on this file.

We as a Liberal government recognized the importance of addressing this matter before it got any worse. That is why we came forward with Bill C-64, which is now law. It requires vessel owners to not only operate their vessels responsibly but to dispose of them at the end of their lives. We have listened to the communities that live along the coastlines and we have implemented this bill to address their concerns.

Royal Assent

[The Assistant Deputy Speaker, Carol Hughes]

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

Rideau Hall

Ottawa

February 28, 2019

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 28^th day of February, 2019, at 1632.

Yours sincerely,

Assunta Di Lorenzo

Secretary to the Governor General and Herald Chancellor

The schedule indicates the bill assented to were Bill C-64, An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations—Chapter 1, 2019; and Bill C-57, An Act to amend the Federal Sustainable Development Act—Chapter 2, 2019.

It being 5:30 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, any move has challenges that come with it, but it has been great to be able to work together to overcome them, because it is a beautiful new space.

This afternoon we will continue debate on the NDP opposition day motion.

Tomorrow we will debate the Senate amendments to Bill C-64, the abandoned vessels act.

Next Monday and Tuesday will be allotted days.

On Wednesday, we will resume third reading debate of Bill C-78, an act to amend the Divorce Act.

Rail Transportation

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, in a moment, I will be seeking the consent of the House for a motion.

Because the abandoned vessel legislation, which would prevent oil spills and pollution on the coast, is ready to go, and because the amendments proposed by the Senate would add the additional protection of ensuring that any efforts to remove abandoned vessels would not disturb war graves of men and women who served this country, I am hopeful that if you seek it, you will find unanimous consent for the following motion.

I move that the amendments made by the Senate to Bill C-64, an act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations, be now read a second time and concurred in.

The Environment

[Andrew Leslie, Liberal, Parliamentary Secretary to the Minister of Foreign Affairs]

Madam Speaker, addressing abandoned and wrecked vessels is a priority for the government, and we are very proud to be implementing a comprehensive national strategy on this issue.

Bill C-64 was introduced back in October 2017, has passed third reading in the House and has been introduced in the Senate. On coming into force, this new legislation would help reduce the flow of new abandoned boats. We know there are hundreds of abandoned boats that litter Canada's coasts and waterways. That is why our government announced, since the spring, more than $1.3 million in funding to assess and remove the boats that were a high priority for local communities. So far, 106 vessels have been either assessed or removed from Canadian waters. This is just the beginning, as funding remains available to address other priority boats across Canada, and we encourage all communities that want to remove problematic vessels to apply for this funding.

We are currently developing a national inventory of abandoned and wrecked vessels and a risk assessment methodology to prioritize these vessels based on the risks they pose, which will support evidence-based decision-making under Bill C-64.

We are working in partnership with provinces and territories, given their expertise in vehicle registration, to explore ways to enhance the pleasure craft licensing system to ensure boat owners are held responsible and accountable. At the same time, our government is studying options to enhance the commercial vessel registry system.

We are also working with provinces and territories to explore options for establishing sustainable funds in the longer term, financed by the boaters themselves. The burden of removing abandoned and wrecked vessels will eventually no longer fall on Canadian taxpayers. This is a long-overdue solution that our government is providing.

Our government also recognizes the importance of providing boaters with affordable and accessible boat disposal and recycling options. This is why we have invested in research and development into boat design and these recycling options.

New legislation, a national inventory and risk assessment methodology, funding programs and research, improving boat owner identification systems, and working with our provincial and territorial partners on areas of shared responsibility and expertise will, together, ensure we comprehensively address this issue for today and for generations to come.

(Bill C-21. On the Order: Government Orders:)

May 9, 2018—Third reading of Bill C-21, An Act to amend the Customs Act—The Minister of Public Safety and Emergency Preparedness

(Bill, as amended, read the third time and passed on division)

(Bill C-68: On the Order: Government Orders:)

June 13, 2018—Third reading of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence—The Minister of Fisheries, Oceans and the Canadian Coast Guard

(Motion for third reading deemed moved, bill read the third time and passed on division)

(Bill C-62. On the Order: Government Orders:)

June 11, 2018—Consideration at report stage of C-62, an act to amend the Federal Public Sector Labour Relations Act and other acts, as reported by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities without amendment—The President of the Treasury Board.

(Bill concurred in, read the third time and passed on division)

(Bill C-64. On the Order: Government Orders:)

June 19, 2018—Third reading of Bill C-64, an act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations—The Minister of Transport.

(Bill read the third time and passed)

(Motion No. 24. On the Order: Government Orders:)

May 28, 2018—Ways and Means motion to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting.

(Motion agreed to on division)

(Bill C-82. On the Order: Introduction of Bills:)

May 28, 2018—First reading of Bill C-82, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting—Minister of Finance

(Motions deemed adopted, bill read the first time and printed)

(Bill C-46. On the Order: Government Orders:)

June 14, 2018—Consideration of the amendments made by the Senate to Bill C-46, an act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other acts—The Minister of Justice.

(Motion agreed to on division)

(Bill C-50. On the Order: Government Orders:)

June 14, 2018—Consideration of the amendments made by the Senate to Bill C-50, an act to amend the Canada Elections Act (political financing)—The Minister of Democratic Institutions.

(Motion agreed to on division)

June 4, 2018—That the 64th Report of the Standing Committee on Procedure and House Affairs entitled, “Code of Conduct for Members of the House of Commons: Sexual Harassment between Members”, presented to the House on Monday, June 4, 2018, be concurred in.

(Motion agreed to)

June 19, 2018—Notice of Motion—That, pursuant to Standing Order 111.1(2) and in accordance with subsection 79.1(1) of the Parliament of Canada Act, R.S.C., 1985, c. P-1, the House approve the appointment of Yves Giroux as Parliamentary Budget Officer for a term of seven years—Leader of the Government in the House of Commons.

(Motion agreed to on division)

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, on a point of order, there have been discussions among the parties and I believe if you seek it you will find unanimous consent for the following motion.

I move:

That notwithstanding any Standing Order or usual practice of the House, following routine proceedings on Wednesday, June 20, 2018:

(a) Bill C-21, An Act to amend the Customs Act, be deemed read a third time and passed on division;

(b) Bill C-62, An Act to amend the Federal Public Sector Labour Relations Act and other Acts, be deemed concurred in at the report stage on division and deemed read a third time and passed on division;

(c) Bill C-64, An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations, be deemed read a third time and passed;

(d) Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, be deemed read a third time and passed on division;

(e) Ways and Means No. 24 be deemed adopted on division, and that the Bill standing on the Order Paper in the name of the Minister of Finance entitled, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting, be deemed read a first time;

(f) the motion respecting Senate Amendments to Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, standing on the Notice Paper in the name of the Minister of Justice, be deemed adopted on division;

(g) the motion respecting Senate Amendments to Bill C-50, An Act to amend the Canada Elections Act (political financing), standing on the Notice Paper in the name of the Minister of Democratic Institutions, be deemed adopted on division;

(h) the 64th Report of the Standing Committee on Procedure and House Affairs entitled, Code of Conduct for Members of the House of Commons: Sexual Harassment between Members, presented to the House on Monday June 4, 2018, be concurred in;

(i) the following motion be deemed adopted on division: “That, pursuant to Standing Order 111.1(2) and in accordance with subsection 79.1(1) of the Parliament of Canada Act, R.S.C., 1985, c. P-1, the House approve the appointment of Yves Giroux as Parliamentary Budget Officer for a term of seven years”; and

(j) the House shall stand adjourned until Monday, September 17, 2018, provided that, for the purposes of any Standing Order, it shall be deemed to have been adjourned pursuant to Standing Order 28 and be deemed to have sat on Thursday, June 21 and Friday, June 22, 2018.

Abandoned Vessels

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, I have two petitions to present today.

Petitioners from B.C.'s coast call on the government to take urgent action on the abandoned vessel problem. This could prevent oil spills and marine pollution, and could save marine jobs and tourism from the blight of abandoned vessels on our coast. Specifically, they call on the government to legislate to improve the vessel registration system, to create a fee to help with the cost of vessel disposal to get the cost off the backs off taxpayers, and to pilot a vessel turn-in program to deal with the backlog, which government Bill C-64 does not do.

These petitioners are from Parksville, West Vancouver, Ladysmith, Edmonton, Nanaimo, and Sydney, and they all call on the government to take action.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, this afternoon, we will finish debating the last opposition day motion in this supply cycle. Then, we will debate the main estimates.

Tomorrow morning, we will begin third reading of Bill C-68 on fisheries.

Next week will be a a busy one. Priority will be given to the following bills: Bill C-45 on cannabis, Bill C-59 on national security, Bill C-64 on abandoned vessels, Bill C-69 on environmental assessments, and Bill C-71 on firearms.

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, this afternoon, we will continue with the report stage debate on Bill C-69, the environmental assessment act.

Following this, we will turn to Bill C-75, the justice modernization act, and Bill C-59, the national security act.

If time permits, we shall start debate at report stage of Bill C-68, the fisheries act, and Bill C-64 on derelict vessels.

Tomorrow morning, we will begin third reading of Bill C-47 on the Arms Trade Treaty. Next Monday, Tuesday, and Thursday are allotted days. Also, pursuant to the Standing Orders, we will be voting on the main estimates Thursday evening.

Next week, priority will be given to the following bills: Bill C-21, an act to amend the Customs Act; Bill C-59, an act respecting national security matters; Bill C-64, the wrecked, abandoned or hazardous vessels act; Bill C-68 on fisheries; and Bill C-69 on environmental assessments.

We also know, however, that the other place should soon be voting on Bill C-45, the cannabis act. If a message is received notifying us of amendments, that will be given priority.

The Environment

[Marc Garneau, Liberal, Minister of Transport]

Mr. Speaker, we are extremely proud of Bill C-64, which addresses a long-standing issue that has not been taken care of by previous governments; that is the question of abandoned and derelict vessels. We have come up with an excellent bill. In fact, it has been through the committee in which my colleague had the chance to participate.

We are very proud of this bill and we hope the NDP and the Harper Conservatives will support the bill as we move it through report stage, third reading, and then quickly on to the Senate.

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, to stop oil spills and protect jobs, the BC Chamber of Commerce on Saturday endorsed the same abandoned vessels solutions that I brought to the House.

Thirty-six thousand businesses joined hundreds of coastal communities that urged the transport minister to include solutions in his fix, like vessel turn in and recycling. Despite years of coastal advocacy, the Liberals' Bill C-64 still does not include coastal solutions to deal with thousands of wrecks off our coast. They have dragged anchor on resuming the debate.

Why is the government leaving abandoned vessels on our coast for another season?

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, this afternoon, we will begin debate on Bill C-75, the justice modernization act. This evening the House will consider, in committee of the whole, the votes in the main estimates for the Department of Citizenship and Immigration.

Tomorrow morning, we will debate the motion to extend the sitting hours. After question period, we will begin debate at report stage and third reading of Bill C-47 on the Arms Trade Treaty. We will resume that debate on Monday.

On Tuesday, we will resume debate at second reading of Bill C-75, the justice modernization act. On Wednesday, we will begin debate at report stage and third reading of Bill C-64, the abandoned vessels act.

Finally, should Bill C-74, the budget bill, or Bill C-69, the environmental assessment act, be reported back to the House, they shall take priority in the calendar.

Fisheries and Oceans

[Karen McCrimmon, Liberal, Kanata—Carleton, ON]

Mr. Speaker, I want to assure my hon. colleague that we are committed to moving Bill C-64 forward. In fact, we have heard from some of the communities we have been engaged with that more has been done in two years than in the past 20 years. It took the State of Washington over 10 years to establish its regime. We are striving to establish ours in a much shorter period.

When it comes to abandoned and derelict ships, this government is moving full speed ahead.

I want to assure my hon. colleague that we remain committed to moving Bill C-64 through the parliamentary process and have it come into force as soon as practical. While this is happening, we have and continue to take concrete actions to address the problem of abandoned and wrecked vessels.

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, with respect, the member did not answer my question so I will ask it in a different way.

If she is so pleased with Bill C-64 and it is so ready to go, why is it stalled again? It has been two months. Communities are demanding a much broader solution than what is in Bill C-64, but nevertheless, let us bring it back to the House and get it done. What could possibly be the explanation? If the bill is in such perfect shape, why not bring it back now?

If the government is going to continue to delay, can the member please assure me that the transport ministry is using this long delay for good purpose and actually inserting the solutions coastal communities asked for into Bill C-64? So far they were all voted down at committee, so I hope the transport minister has a different view.