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.

Fisheries and Oceans

[Karen McCrimmon, Liberal, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, our government is very proud to be implementing a comprehensive national strategy to address the issue of abandoned and wrecked vessels.

This strategy, which goes well beyond the proposed wrecked, abandoned, or hazardous vessels act, or Bill C-64, was developed after discussions with a broad cross-section of stakeholders, interest groups, and indigenous communities. These include local communities such as Saanich Inlet and industry associations such as the National Marine Manufacturers Association. It is also based on lessons learned and best practices observed in jurisdictions in the United States such as Washington state.

Bill C-64 is a critical element of the strategy, and we remain committed to bringing it into force as soon as possible. All parties have expressed their support for the legislation, as have numerous witnesses before the standing committee that reviewed this draft bill.

It is past due that a framework be put in place that ensures owners are responsible and liable for their vessels at the end of life.

We are working in partnership with provinces and territories, given their extensive experience and expertise, to explore ways we could enhance the existing pleasure craft licensing system. At the same time, we are studying options to enhance the vessel registry system to increase our ability to hold commercial vessel owners accountable.

Our government has also heard calls from local communities about the need to address the backlog of abandoned and wrecked vessels. This is why in 2017 we fast-tracked the introduction of new programs designed to assist communities across the country in removing and disposing of these problem vessels impacting our communities today.

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

Mr. Speaker, it is coming up to the middle of May. The boating season in British Columbia has already begun. Therefore, I am here to encourage the government to move forward on its legislation to deal with the long-standing problem of abandoned vessels. These problems are well enumerated.

I know the government has said repeatedly that it shares my commitment to finding a long-standing resolution, a comprehensive, countrywide solution, as most other maritime countries have, in some cases decades ago.

My question is not about the level of the government's commitment. Rather, I am seeking a very specific update on when the government will return Bill C-64 to the House for further debate. It was two months ago that it was returned by committee to the House.

I will also indicate my hope that the reason for the delay in returning the bill to the House is that the minister himself is considering the amendments I proposed at committee, which the Liberal members of the committee voted down. The government is maybe still considering the fine details of those amendments. That is the only reason I can imagine for why the government would not already have the bill back to the House and be moving forward with the next stages of debate and reading stages. We could finally see some resolution, especially for the boaters this summer, who could be out there saying it is great that an abandoned vessel solution was legislated by their federal government. It would build some faith and trust.

Members will remember that the bill was fast tracked by the NDP. It was quite rare to get the unanimous consent of the House to move it to committee so quickly. I was very glad to have been able to initiate that. I was glad that the House agreed, that the transport committee decided to switch its focus from its other business to focus on the study, and that we had so many witnesses who spoke so clearly about the solutions that coastal communities have been advocating. They were in my legislation, Bill C-352, which was blocked by the Liberal-dominated procedure and House affairs committee, and then voted down by Liberal members. It was not even heard in the House. Nevertheless, I tried to transport the elements of that legislation into the minister's bill, Bill C-64.

Therefore, as a reminder on some of those pieces that I hope maybe the minister is considering now, it being the only explanation for why Bill C-64 would be so delayed, is the government now considering bringing into its bill a vessel turn-in program, modelled on the cash for clunkers program? Is it considering creating a dedicated fee to put a fund aside to deal with the backlog of abandoned vessels, since Bill C-64 does not address that backlog? Is the government planning to legislate to formalize the Coast Guard's role in dealing with abandoned vessels? When that was in former MP Jean Crowder's legislation three years ago, in a previous parliament, all of the Liberal Party voted in support of it, including the now transport minister, fisheries minister, and the Prime Minister. Is the government delaying Bill C-64 so that it can incorporate those coastal solutions into the abandoned vessel legislation?

The Environment

[Marc Garneau, Liberal, Minister of Transport]

Mr. Speaker, we are extremely proud of Bill C-64. We are the first government to take concrete action to deal with the issue of abandoned and wrecked vessels. In fact, I went to British Columbia, to my colleague's riding of Ladysmith, if I am not mistaken, and announced that nine boats are going to be removed from the water there. We will be doing this on a regular basis.

We are also going to ratify the Nairobi convention, which is another powerful tool to deal with owners so they take responsibility for their vessels.

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

Mr. Speaker, marine plastic pollution needs action, not meetings.

As another busy boating season begins in B.C., the abandoned vessel problem remains unsolved. Coastal communities have been calling for a comprehensive solution for a decade. They are done waiting. Following the NDP's lead, Parliament agreed to fast-track Bill C-64 to committee. However, since it was sent back to the House on March 2, the government has dropped anchor on the bill. Will the minister commit to amending the bill to include what coastal communities actually want, and stop stalling?

Transport, Infrastructure and Communities

[Bernadette Jordan, Liberal, South Shore—St. Margarets, NS]

Mr. Speaker, I have the honour to present, in both official languages, the 22nd report of the Standing Committee on Transport, Infrastructure and Communities, in relation to Bill C-64, an act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations. The committee has studied the bill and has decided to report the bill back to the House with amendments.

This bill was built on my Motion No. 40 and will address environmental and economic concerns that have plagued our coastal communities for years. I look forward to the final vote on this bill in the House, and hopefully the full support of all members.

The Environment

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

Mr. Speaker, our government has heard the concerns of Canadians, asking for a more robust and comprehensive approach to address the issue of wrecked, abandoned, or hazardous vessels.

On October 30, we did introduce the wrecked abandoned or hazardous vessels act, or Bill C-64. The proposed legislation is intended to protect coastal and shoreline communities, the environment, and infrastructure.

The proposed legislation will fill gaps within our legislative system by making owners legally responsible for their vessels that reach end of life. Ultimately, it is about prevention, helping to reduce future occurrences of wrecked, abandoned, and hazardous vessels and the impacts of those that do occur.

We invite all members to support this innovative and important bill as it goes through the parliamentary process.

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

Mr. Speaker, I think maybe my friend opposite did not hear the first four minutes of my speech.

There is a lot to support in the transport minister's Bill C-64, but it is missing the entire program I have just described. I have not heard any rationale from the government about why it is leaving it out. It was described by the Washington State derelict vessel removal program, which has been in operation 15 years, as now an integral part of its prevention program.

Knowing there is nothing in the transport minister's bill to deal with the backlog of abandoned vessels, will the government accept the amendment I am going to propose in committee to introduce a voluntary turn-in program for abandoned vessels to deal with the backlog?

[Karen McCrimmon, Liberal, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, I would like to thank the hon. member for her concern for her and many other coastal communities.

I am proud to be here today to talk about the actions this government has taken to address the important issue of abandoned and wrecked vessels, an issue affecting many communities across Canada.

Our government has been looking at the best practices on the issue of abandoned and wrecked vessels. We have considered these carefully and have adopted the elements that make the most sense for Canada into a national strategy on abandoned and wrecked vessels. This strategy was announced as part of our unprecedented $1.5 billion oceans protection plan in November 2016.

In May and September 2017, two funding programs for the removal and disposal of small priority boats were launched, including one with a public education component and a vessel recycling and design research component.

We worked with other levels of government to identify options to improve vessel ownership identification systems and initiated a study on identifying gaps in our vessel registration systems for large vessels.

We have worked with the Canadian Coast Guard to develop a national inventory of abandoned and wrecked vessels and a methodology to assess the risks associated with these vessels.

We have also been engaging Canadians in discussions on options to create a robust polluter-pay approach for future vessel clean up with owner financed funds.

Very important is the fact that on October 30, 2017, our government tabled Bill C-64, the wrecked, abandoned or hazardous vessels act, the key legislative component of our plan.

Bill C-64 is extremely comprehensive in its approach to tackling the issue of wrecked, abandoned or hazardous vessels. The proposed legislation will bring the Nairobi International Convention on the Removal of Wrecks into Canadian law and strengthen vessel owner liability. It will address irresponsible vessel management, including a prohibition on abandonment. It will enhance federal powers to take proactive action on problem vessels.

We will continue to collaborate with provincial, territorial, and municipal governments; indigenous groups; and coastal communities to implement our comprehensive national strategy on abandoned and wrecked vessels. We look forward to all members' support of Bill C-64 as it goes through the parliamentary process to implement this important legislation that will help protect our coasts and shores.

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

Mr. Speaker, I rise again to describe the abandoned vessel that sank in Ladysmith Harbour, the 90-foot, 100-year-old Anapaya. It has been on Transport Canada's vessel inventory of concern since 2014. It had been identified as a risk to sink. When it went down, after being overwhelmed by rain and the bilge pumps could not keep it up, the Coast Guard, bless it, took action. It boomed the wreck and contained the oil spill. That was so important for Ladysmith Harbour, because there are shellfish jobs at risk from even the smallest oil spill. The Coast Guard acted, which we are very grateful for. It lifted this 90-foot-long, beautiful old wooden boat from the bottom of the harbour, with everyone saying the whole way along that it would have been much easier to have prevented the boat from sinking in the first place.

A significant take-away for me afterward was that the previous owners, in fact the people who had been living on the Anapaya, knew that she was nearing the end of her life. She was an abandoned boat by the time she sank. The previous owners said they did not have the economic means to prevent her from sinking, but if there had been a vessel turn-in program, the same that Oregon and Washington states have very successfully used to get at the backlog of abandoned vessels, it would have prevented it from sinking and becoming a problem in the first place. This was a significant element of my abandoned vessel legislation, Bill C-352, which was famously blocked in the House. It was the first time that had ever happened to a bill. I went through all the appeals and was told that it was the Liberal majority that squashed it in the end.

The interesting thing is that now that we are studying the transport minister's bill, Bill C-64, at committee, I have been able to ask all kinds of witnesses if they wish that a vessel turn-in program were still part of the legislative offer for Canadians. It makes sense. It has been proposed by local governments in British Columbia for many years, and it was on that basis that I included it in my legislation, Bill C-352.

In the last few days, there has been testimony from Troy Wood, the manager of the derelict vessel removal program in Washington state, saying that the vessel turn-in program was the prevention arm of their very successful derelict vessel removal program. Sara Anghel, president of the National Marine Manufacturers Association, said there is no place to take boats before they become a hazard for her industry, which is significantly made up of vessel manufacturers and marine operators. She said they would welcome the opportunity to create a viable recycling program and there needs to be a place to take them.

The committee also heard from Kyle Murphy from Washington state, Peter Luckham, chair of Islands Trust Council, and Anna Johnston from West Coast Environmental Law. Georgia Strait Alliance said very clearly that in the transport minister's bill, it is left wondering about the absence of a voluntary turn-in program that could deal with this backlog and help vessel owners, who do not have the means to dispose of them responsibly and do the right thing.

I ask the government why it did not include a vessel turn-in program in its legislation to resolve abandoned vessels.

Fisheries Act

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, my hon. colleague from South Shore—St. Margarets has also championed another bill we are working on in the House right now, Bill C-64, which deals with derelict vessels, and I thank her for that.

She happened to mention that we had a good fishery in 2012 and we will have a good fishery again. I think of the historical nature of the Fisheries Act, which came into being in 1868. Let us consider what we have lost. We had an abundant fishery, when we consider the Atlantic coast and the great Newfoundland cod fishery, which maintained communities in Newfoundland and Labrador and much of Atlantic Canada for generations. By the early 1990s, that fishery was destroyed.

Rebuilding fisheries is one of the things I am pleased about with respect to this legislation. It changed the focus to restoration of fisheries. I wonder if the hon. member has any comments on that aspect.

The Environment

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

Mr. Speaker, the question still remains. Of the very specific elements I mentioned, how will they be accommodated into the government's legislation? There is nothing in Bill C-64 that contains any of the elements I just mentioned. They are integral to its success. Dealing with the backlog is necessary for dealing with the overall problem, as opposed to the more forward-looking approach of the government's bill. Fixing vessel registration is vital. The government will not be able to send a penalty or a ticket to an irresponsible owner if it cannot find out who that owner is. They have to work together.

I ask again. The government's offer of $260,000 and $300,000 this year is a drop in the bucket compared to the thousands of boats that need to be removed. I would like to hear some specifics from the government.

[Karen McCrimmon, Liberal, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, I rise again to reiterate our government's commitment to address the serious problem of abandoned and wrecked vessels that are negatively affecting our coastal and shoreline communities. We know and understand the issues these problem vessels represent. We have made numerous announcements and launched several initiatives that clearly demonstrate our commitment to addressing these long-standing issues.

I would remind the House that when we launched the oceans protection plan, just over a year ago, we said we would deliver a national strategy on abandoned and wrecked vessels. We are delivering. Let me explain how.

First, I would like to remind members that in the past year our government has launched two short-term funding programs designed to support the cleanup and removal of legacy abandoned vessels and wrecks. This includes Transport Canada's abandoned boats program, and the Department of Fisheries and Oceans abandoned and wrecked vessels removal program, which collectively cover all waters in Canada.

These two programs recognize that local communities, ports, and harbours, particularly those that are small and remote, often do not have the resources to cover the costs of removing and disposing of smaller abandoned and wrecked vessels. These programs will deliver tangible results. They will get smaller problem vessels out of the water, and indeed, this has already started under these programs.

The abandoned boats program also includes two additional sub-components. One is focused on education and outreach to help inform vessel owners of their responsibilities. The other is focused on research into options to improve vessel recycling and design.

Our government also committed to ensuring vessel owners can be held accountable. We are delivering on this commitment as well, with the introduction of the wrecked, abandoned, or hazardous vessels act, or Bill C-64, on October 30. Drawing upon best international practices, this piece of legislation is more robust and comprehensive than anything ever seen previously in Canada.

As the key preventative component of the national strategy, it will strengthen vessel owner responsibility and liability, address irresponsible vessel management, and enhance federal powers to take more proactive action on problem vessels, before they become bigger problems.

Simply put, our government is delivering on the commitments we have made to resolve the long-standing abandoned vessels challenge. We have short-term and long-term preventative and removal measures in place, or being put in place. Everything will not get done overnight, but progress will be made continuously as part of an overall, comprehensive strategy. We look forward to the committee's study of Bill C-64.

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

Mr. Speaker, this evening's debate is following on the eve of the Union of BC Municipalities convention in Vancouver, in September, where my legislation on the issue of a solution for abandoned vessels was finally, after decades of pushing, especially by coastal communities, on the convention floor. Eighteen-hundred delegates endorsed my legislation, Bill C-352, which I had built in co-operation with coastal communities. It included all the solutions they had asked for over 15 years of advocating both to the B.C. Liberal government and federal governments, both Liberal and Conservative.

As we know, two weeks ago, a number of Liberal majority manoeuvres killed the bill, sank it, so to speak. It did not even come to the floor for a debate and a vote, which is quite unusual. My question now to the government is how it will incorporate into its legislation, Bill C-64, the transport minister's bill, all that advice from coastal communities.

As a reminder, fixing vessel registration was a major part of my bill. Piloting a vessel turn-in program, kind of like what we have done successfully in many provinces with old abandoned automobiles by finding incentives and programs to encourage people to turn them in so they can be recycled and dealt with responsibly, would be a good way to deal with the backlog. Second would be creating good green jobs by supporting local marine salvage industries and co-operating with recycling organizations to find new markets for fibreglass and other difficult to recycle material. That links to the previous idea as well. A vessel turn-in program or a boat amnesty would help create the critical mass that might cause some economies of scale to deal with abandoned vessels.

Finally, to end the jurisdictional runaround, would be making one agency the go-to on dealing with abandoned vessels. What we proposed was the Coast Guard. The government's bill continues to have responsibility apportioned out over a number of different ministries, so one would need to have an org chart to figure out who was responsible. That is not tenable for coastal communities.

Since we last talked about this, I have had dozens of endorsements from local governments. I very much want to know how the Liberal government, having sunk my legislation, will still recycle and use the material in it in a way that reflects the multitude of asks from local governments. The Islands Trust Council, the City of Nanaimo, the Town of Ladysmith, the City of Campbell River, and the Regional District of Nanaimo all endorsed my bill. There was the City of Parksville; the City of Victoria; the Village of Queen Charlotte, in Haida Gwaii; the District of Tofino; the District of Oak Bay; the Alberni-Clayoquot Regional District; the Powell River Regional District; the Village of Tahsis; the District of Ucluelet; Sooke; Sechelt; Metchosin; the City of Powell River; the Township of Esquimalt; the District of Kitimat; the District of Fort St. James; the town of Burlington, in Newfoundland; the Township of Nipigon, in Ontario; the Town of View Royal; the District of North Saanich; and the list goes on.

The call is clear. Local governments need their solutions inserted into this bill. How will the government respond?

Fisheries and Oceans

[Karen McCrimmon, Liberal, Parliamentary Secretary to the Minister of Transport]

Madam Speaker, I would like to thank my hon. colleague for her support in helping to move legislation forward. We look forward to seeing the results of the committee's work on this important issue.

On October 30, our government introduced new legislation, Bill C-64, Wrecked, Abandoned or Hazardous Vessels act that is more robust, and comprehensive than anything that has ever been seen previously in Canada, drawing on international best practices. The bill would strengthen vessel owner responsibility and liability, address irresponsible vessel management, and enhance federal powers to take more proactive action on problem vessels.

This is a core prevention measure under the national strategy on abandoned vessels and wrecks that was announced as part of the oceans protection plan last year. To complement the legislation, we are working with other levels of government to improve federal vessel ownership identification systems. This is needed to ensure owners can be held accountable.

I want to be clear that our national strategy goes above and beyond legislation. We recognized right from the start that we cannot wait for the legislation to kick in before addressing some of the most problematic vessels that are currently affecting our communities.

That is why the government launched two funding programs this year to support the clean-up and removal of legacy abandoned vessels and wrecks. One is transport's abandoned boats program, and another one is a separate funding initiative from Fisheries and Oceans, the abandoned and wrecked vessels removal program, to address vessels in federally owned small craft harbours. These two programs recognize that local communities, ports, and harbours, particularly those that are small and remote, often do not have the resources to cover the costs of removing and disposing of abandoned and wrecked boats. These programs will deliver tangible results. They will get boats out of the water. Indeed, work has already started under these programs.

However, this is not all these funding programs do, they also support education and research. Owners do not always have a clear understanding of their responsibilities when their vessel reaches its end of life. Some are unaware of disposal options or the impacts of abandonment. The abandoned boats program will provide funding support to other levels of government, indigenous groups, non-governmental organizations, and other eligible groups for activities that educate vessel owners about their responsibilities.

Another challenge is that some vessels are made of materials that are difficult to dismantle and dispose of. For this reason, the abandoned boats program is supporting research into processes and materials that will help improve boat recycling and design. The goal is to improve recycling options for boats, and prevent further unnecessary pollution.

We are proud of the actions that we have taken to date to address this important issue. We will continue to collaborate with provincial, territorial, and municipal governments, indigenous groups, and coastal communities, to implement our comprehensive national strategy on abandoned and wrecked vessels, and we look forward to all members supporting Bill C-64.

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

Madam Speaker, last month a 90-foot vessel, the Anapaya, sank in Ladysmith Harbour while leaking fuel into the ocean. In 2014, Transport Canada had identified this 100-year old boat as a vessel of concern. The government knew it posed a threat, but took no action until it sank. We are grateful for the Coast Guard's swift action. However, this is yet another example of the failed Liberal boat-by-boat approach to abandoned vessels.

For too long, jurisdictional gaps have left coastal communities with nowhere to turn when an abandoned vessel presents an emergency situation in their communities. Oil spills and marine debris from thousands of abandoned vessels pollute our waterways and put local fishing and tourism jobs at risk. We have raised this in Parliament, I think now, 86 times since the 2015 election.

I built 15 years of coastal community solutions into my legislation, Bill C-352, to fix vessel registration, to pilot a vessel turn-in program, to support good green jobs and vessel recycling, and to end the run-around by making the Coast Guard the first-responder and the receiver of wrecks, with a one-stop shopping approach for coastal communities.

Over 50 coastal organizations across the country supported my bill, from Tofino, B.C. to Fogo Island, Newfoundland and Labrador, to the Union of B.C. Municipalities, the City of Victoria, the Town of Ladysmith, and the BC Ferry and Marine Workers Union. There has been so much support from all sectors.

On November 9, the Liberal majority on the procedure and House affairs committee blocked my bill, which was an unprecedented interference. The government's new legislation, Bill C-64, tabled on October 30, complemented my bill. However, I do not believe the transport minister's bill will succeed without mine. For example, how can a penalty be imposed on an abandoned vessel owner, as the minister proposes in his legislation, without his being able to find the owner? That is where the element in my bill to fix vessel registration was so vital. Moreover, the transport minister's bill does not deal with the backlog or specifically support vessel recycling.

With the help of members of Parliament, both of the bills could have proceeded. No one had used the appeal tool before that we used in the House to have a secret ballot vote, in this case on the question of whether my bill should be deemed votable. It was a really historic moment and I am grateful to the Conservative, Bloc, Green, and New Democrat caucuses for saying that they planned to support making my bill votable.

Had the majority of members voted yes, it would have meant yes to over 50 coastal organizations who had endorsed the bill, yes to the 27,000 letters that were sent from Canadians to Liberal MPs that week, yes to standing with local governments and having their solutions brought into this House, yes to filling gaps in the transport minister's bill, yes to cooperation across party lines to solve intractable problems like the oil spill risks that come from abandoned vessels, and yes to restoring the one chance I had as an MP to have my community's legislation heard in this House.

Why would the transport representative not support hearing my bill?