Wrecked, Abandoned or Hazardous Vessels Act

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

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Marc Garneau  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-64s:

C-64 (2024) Law Pharmacare Act
C-64 (2015) Law Georges Bank Protection Act
C-64 (2013) Law Appropriation Act No. 3, 2013-14
C-64 (2009) Law Appropriation Act No. 4, 2009-2010
C-64 (2007) An Act to amend the Pilotage Act
C-64 (2005) An Act to amend the Criminal Code (vehicle identification number)

Votes

June 19, 2018 Passed Concurrence at report stage of Bill C-64, An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations
June 19, 2018 Failed Bill C-64, An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations (report stage amendment)

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:20 p.m.

NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Mr. Speaker, I thank my Conservative colleague, who chaired our discussion at the transport committee and chaired it well. We had a good debate, and fantastic witnesses, whom we were pleased to have learned from.

If my colleague is characterizing my legislation, Bill C-352, as the first model she described where the taxpayer would end up picking up the bill for abandoned vessels, that was absolutely not the intention of my legislation. It was to designate a single agency that would be the first point of contact. It was very much like the Washington state model, where the whole focus is based on user pay. However, the key piece is that we need to be able to find out who the vessel owners are if we are going to send them a bill.

My feeling is that if, in the 1990s, the Conservatives and Liberals had not done so much to undermine the vessel registration system with their successive cuts to front-line services, Canada would now have a way of tracking who the responsible owners of those vessels are. Now we have a huge backlog, which is the legacy of that time of supposed cost-cutting. It is a good reminder that cutting services and laying off public servants can actually do more harm than good.

This brings me to my question. Why did the Conservatives let the vessel registry fall into such disrepair, and why did they close the regional offices in B.C. that were doing the vessel data collection?

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:25 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, I would like to thank my hon. colleague for the work that she did when she joined the committee for this study. This issue is something that she is very passionate about, and I recognize that she had attempted to introduce a private member's bill to address this issue.

The issue of wrecked and abandoned vessels is a real problem for communities along Canada's coast. The number is in dispute, but suffice it to say it is estimated that there are hundreds of problem vessels in Canadian waters today. I know that many communities are afflicted with this issue, and that many of them are small with limited resources to deal with the problem.

As for my colleague's question with respect to closing offices and not tracking these abandoned vessels, I cannot answer that question as I was not a member of Parliament back in the 1990s, which was the time frame she referenced.

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:25 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, like the member for Nanaimo—Ladysmith, we live with the fairly constant problem of derelict vessels along our coastline. They are a hazard. They are an eyesore. They present real risks to life and limb.

I understand the member for Carlton Trail—Eagle Creek thinks that we can always find the owners of these vessels and then get them to pay for the cleanup. I raised some of the problems with these abandoned vessels at committee. The hon. member will remember I attempted to put in an amendment for mandatory improvements to our registration system, and that vessel owners be required to have insurance. The response from the government members at the time was that we could probably deal with these issues through regulation. Therefore, I am going to vote for Bill C-64 with enthusiasm. I am pleased to see action finally happening on derelict vessels.

However, I share some concerns with my friend from Carlton Trail—Eagle Creek. The bill is not perfect, particularly around the issue of being able to track the owners of the vessels and being able to go after those who abandon their vessels and make them pay for the cleanup. It tends to fall to the municipalities even to know where to take the vessels. We cannot recycle a fibreglass vessel. We are stuck with hauling it to the dump. There are very significant issues with this.

I ask my hon. colleague from Carlton Trail—Eagle Creek to consider how we might be able to go after the vessel owners when we do not know who they are.

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:25 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, as I said in my speech, this issue was not one with which I was overly familiar prior to the introduction of this bill. However, after participating in the study, I know how very important it is to coastal communities, and the negative impacts that abandoned vessels have. They negatively impact tourism, and the enjoyment of the coasts and coastal waters by residents and visitors alike. They create problems for our marine life as well.

With respect to a solution, while this bill does not deal with the specific issue, I was pleased to see that the Government of Canada created a program to help support cleanup efforts by communities. I look forward to seeing what is going to be put into the regulations as well.

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:30 p.m.

Liberal

Bernadette Jordan Liberal South Shore—St. Margarets, NS

Mr. Speaker, I am happy to rise today in support of Bill C-64. As a matter of fact, I am not just happy, I am thrilled to see this legislation before the House at report stage. After years of zero action by successive governments on the issues of abandoned and wrecked vessels, I am particularly happy our government is taking steps to respond to the pleas of coastal communities and address the issue that has plagued our coastlines for years.

The problem of abandoned and derelict vessels is sadly not an unheard of issue in my riding of South Shore—St. Margarets. From Bridgewater to Shelburne, or from Feltzen South to Woods Harbour, people abandoning vessels is not unheard of. It is also an issue not uncommon across the country, as many of my colleagues from British Columbia, the Great Lakes region, and many other areas can attest to. That is why I was happy to introduce my motion, Motion No. 40, in February 2016, which called on the government to develop solutions for our communities dealing with this ongoing problem. I am thrilled that the legislation we see before us today incorporates all parts of my motion.

Our existing laws do not allow us to comprehensively address the risks posed by abandoned and derelict vessels or problem vessels. Bill C-64 would significantly strengthen our ability to address problem vessels by fixing existing legislative loopholes while also empowering the federal government to take measures to prevent, mitigate, and eliminate hazards. Bill C-64 would also finally make it illegal to abandon a vessel for someone else to have to deal with down the road. This is huge, particularly in rural communities.

One only has to look to the town of Shelburne in Nova Scotia to see the impact an abandoned vessel can have on a whole community. The Farley Mowat was brought into Shelburne harbour under the cover of darkness, tied up at the town's wharf, and left for three years. The town owns the wharf where the Farley Mowat was left, and had no recourse to deal with this rusting vessel taking up space. The Farley Mowat sank, was raised, flooded, had to be pumped out continually, took up to a quarter of the town's prime wharf space, and was an eyesore in an otherwise beautiful harbour. The day the government issued the removal order was a day of celebration in Shelburne. The crowds gathered, with bagpipes, media, and of course cake to celebrate the removal.

This bill would increase vessel owner responsibility and shift the burden away from Canadian taxpayers and toward a polluter pay approach. The wrecked, abandoned or hazardous vessels act lays out a comprehensive legislative approach to addressing wrecked, abandoned, and hazardous vessels, from small pleasure crafts to large commercial ships, both foreign and domestic, in Canadian waters. In short, this bill would take us a big step toward ensuring the situation faced by the Town of Shelburne with the Farley Mowat is not repeated anywhere else in the country. Under our existing laws, the only two scenarios under which the government has the authority to take action on vessels are when a navigable waterway is obstructed or when the vessels present a pollution threat to the marine environment. That is it.

Our government knows that the majority of vessel owners are responsible vessel owners. In some cases, however, owners do not have the money to maintain, store, or dispose of their vessels. It is also not uncommon for individuals to take possession of a vessel thinking it has more residual value than it actually does, leaving them with an expensive piece of scrap. This bill would help us address the minority of owners in these kinds situations, as well as those who fail to properly care for and dispose of their vessels, so we can prevent them from becoming threats to our environment, local economies, and public health and safety.

Abandonment is seen by some as a low-cost means to deal with an unwanted vessel or the consequences of a wreck. It often comes as a shock to many Canadians to learn we have no laws to prevent this behaviour today. It is not illegal to abandon a vessel. I cannot emphasize that enough. Think about this: under the law, one cannot leave a transport truck at the side of the road, but one can leave a maritime vessel to rot at docks, beaches, or in harbours.

It is estimated there are hundreds of problem vessels in waterways all across the country. As some communities have learned first-hand, it can cost millions to clean up large vessels or wrecks. While these vessels pose particular risks to our coastal and shoreline communities, they are a cost to all Canadians. Taxpayers simply cannot continue to subsidize vessel owners whose irresponsible actions leave Canadians with a hefty cleanup bill. Costs to deal with these problem vessels are high, especially because we lack the authorities to proactively deal with them.

If we could intervene earlier, remedial costs would be less expensive compared to having to respond after an incident occurs. That is why Bill C-64 is so important. It would fill the voids I have just described by broadening the scope of hazards to include risks to the environment, the local economy, health and safety, and infrastructure. This would allow us to address risks beyond pollution threats or obstructions to navigation in order to better protect coastal and shoreline communities, the environment, and infrastructure, while placing liability squarely on the vessels owners so as to reduce the burden on taxpayers. In our historic oceans protection plan, our government committed to developing legislation to help prevent the problem of abandoned and wrecked vessels from happening and to take corrective action, at the expense of the vessel owners, if removal and disposal of a vessel is required.

One of the key aspects of this bill is that it would require large vessels to carry insurance or other financial security to cover costs related to the removal of a hazardous wreck. This is one of the proactive measures that would be taken to ensure that in the event of a vessel becoming a problem due to negligence, there is a measure already in place to protect communities and taxpayers from long-term financial damage. This proposed legislation would also provide ministerial powers to order an owner to remove and dispose of a dilapidated vessel left in the water or on any federal crown property without consent, such as a federally owned small craft harbour. It would also empower the federal government to determine whether a vessel or wreck poses, or may pose, a hazard. This would be done in collaboration with local communities and other stakeholders. Upon determination that a vessel or a wreck is hazardous, the government would have significantly more authority to take measures to address the situation than it does currently.

With new strict penalties for non-compliance, Bill C-64 would introduce new deterrents, helping to prevent problem vessels from endangering our waterways, costing taxpayers, and burdening our local communities. The effectiveness of this proposed legislation in holding vessel owners to account relies on the ability to identify them. That is why our government is taking action to strengthen vessel licensing systems so that Canadians can be confident in our ability to address any problems that arise.

In addition, we are working with our partners to address the costs of problem vessels over the longer term. This includes exploring options to ensure that future cleanup costs are addressed by way of vessel owner-financed funds modelled on domestic and international polluter pays approaches. These combined initiatives would reduce the burden on taxpayers while also enhancing protection of the environment, restoring trust for local communities, and ensuring the safety of the general public.

I was pleased to sit in on the meetings of the Standing Committee on Transport, Infrastructure and Communities during the study of this legislation, and I was pleased to see that all parties are in agreement that the time has come for the government to address the plague of coastal communities that are abandoned vessels. I ask all members of the House to support this legislation.

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:35 p.m.

NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Mr. Speaker, my Atlantic colleague across the way has been a real partner coast to coast in pushing for abandoned vessel solutions.

We are debating the report stage amendment, which would close the loophole that, right now, means that government-owned vessels are not subject to the penalties and fines proposed in this legislation. I want to take my colleague back to some of the conversations at committee.

It was the member for South Shore—St. Margarets who said, “I think this legislation covers government vessels, therefore, they're not allowed to become derelicts. Is that not boiling it down to the basic...? This legislation says you can't have an abandoned, derelict, or dilapidated vessel, so therefore the government could not have that. Is that not correct?” The Transport Canada representative said, “This legislation does not cover government vessels.” This is exactly the fix that I am proposing today, so I am very much hoping for my colleague's support, a yes vote, to this amendment, because it would close the loophole that the member for South Shore—St. Margarets identified.

There were also witnesses who talked about vessels in her riding specifically, and I visited some of them last summer. The Farley Mowat, the HMCS Fraser, and HMCS Cormorant were all government assets that were abandoned in her riding. David Mitchell, the mayor of Bridgewater, said in his testimony to the committee, “Yes. I think that does make sense....in order to bring the ship up. If you're going to divest yourself of a ship, as a government, you should make sure that the person who takes on that responsibility can.”

I want to know from my colleague whether she is going to support my amendment, which would close the loophole and fix the problem that she identified in committee.

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:40 p.m.

Liberal

Bernadette Jordan Liberal South Shore—St. Margarets, NS

Mr. Speaker, I would like to take a second to thank my hon. colleague from Nanaimo—Ladysmith for her tireless work on this issue. I know that she has spoken in the House many times on the issue of abandoned and derelict vessels. As someone from a coastal community, I really appreciate all the hard work she has done on this.

With regard to her question on government-owned vessels, especially in my riding, she mentioned the Cormorant and the Farley Mowat. Those were actually not owned by the government at the time they were abandoned. They were sold, and therefore were not owned by the government when they were abandoned.

Second, I would like to point out that over the last couple of years, we have had four government vessels in my riding. We had the Farley Mowat, the Protecteur, the Algonquin, and the Iroquois, all disposed of by the government in a sustainable, perfect way. I think that is the way the government should go forward, making sure that those vessels are looked after. That is what the government has done in the past two years.

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:40 p.m.

Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, I really appreciate the discussion. I know that both these members have done tremendous work on the issue of abandoned and derelict vessels.

It is an issue that strikes near and dear to me, as we had the MV Miner off the coast of Scatarie not that long ago. The burden fell to the Province of Nova Scotia on that particular wreck. It was a significant cost to a small province.

To the question that came from the NDP on this particular issue, I do not know what the answer is. Sometimes we ask questions knowing what the answer is going to be. Maybe my friend and colleague, who I have so much admiration for on the way that she has championed this piece of legislation, could enlighten us. On the amendment that support is being sought for, are there any cases of abandoned federal vessels? Are we making a law, or looking for a solution, for a problem that does not exist? Is there a history of the federal government abandoning vessels on various coasts?

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:40 p.m.

Liberal

Bernadette Jordan Liberal South Shore—St. Margarets, NS

Mr. Speaker, with regard to the Miner that he talked about, it was $15 million for the province to clean that mess up. That is money that could have been so much better spent somewhere else. I am really glad to see the legislation coming forward.

With regard to the member's question, to the best of my knowledge the government has not actually abandoned a vessel. It has sold them, and then people who have purchased them have abandoned them. That is where the challenge is. It is government vessels that my colleague has mentioned. Sometimes we see the Canadian Coast Guard logo on them. However, those are vessels that have actually been sold by the government, and then they are abandoned by the person who buys them.

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:40 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I want to start by echoing words that we just heard from the hon. member for Cape Breton—Canso. He used the word “admiration” in reference to the member for Nanaimo—Ladysmith. Of course I want to shout out as well to the member for South Shore—St. Margarets. This truly is a coast-to-coast-to-coast problem, and it is lovely to see people working together on such an important issue. I live in a coastal community and I will have something to say about that in a moment.

The member for Nanaimo—Ladysmith has been absolutely admirable, to use the member's words, in bringing this to the attention of government and in pushing this forward. We have had this issue, since at least 2005, on the front burner in our part of the world and, I am sure, longer in Atlantic Canada. Thankfully, we seem to be getting somewhere with it. I say, “somewhere”, and I indicate from the outset that we will be supporting Bill C-64. The amendment that my colleague has brought forward is something I would need to address as well because, while we support this bill, there is a real missed opportunity on so many bases here that it needs to be addressed in that spirit.

It never was brought to my attention, until quite recently, just how enormous this problem and challenge is. There are thousands of vessels, that is from the Canadian Coast Guard, that are derelict or abandoned from coast to coast. I have seen first-hand in my riding what that means. I have been with John Roe and gone through Cadboro Bay and again through the Selkirk Trestle area of the Inner Harbour of Victoria, and seen boats just sitting there, oozing pollution into the waterways; abandoned, in some cases, for years. For some reason, there seems to be this inertia, this inability to deal with an imminent danger that these boats have caused. Finally we have some tools that are on the table for our consideration.

One day, I had the opportunity to go with John Roe, who is the head of the Dead Boats Society, an admirably named organization, and, as well, the Veins of Life Watershed Society. He has been doing enormous work. He was appointed by the current government in a past life as a member of the chief review officer's people who do appeals under the Canadian Environmental Protection Act. I got to know Mr. Roe and I admire him. His tenacity resembles that of the hon. member for Nanaimo—Ladysmith. They are quite a team.

I had the opportunity to go and see these boats one day. Because the government was doing nothing, citizens in the community stood up and, on their own, at great risk in terms of potential liability, took action in Cadboro Bay. I had the opportunity to go out one day with Mr. Roe; with Mr. Eric Dahli, who is the head of the Cadboro Bay Residents Association; with Ian Hinkle; and with Commodore Wilkinson of the Royal Victoria Yacht Club. I am very proud of the Ralmax Group of Companies, which donated its equipment and its people. Here were citizens on the beach, taking direct action to deal with this hazard, when the government would not come to the table and do anything after years of asking. I really salute the people with that spirit that has made Canada great, actually getting involved, getting their hands wet and dirty, and trying to deal with this problem. I had an opportunity to get a sense of what it means and that was just one of the many communities around Canada. Hence the bill and hence the need to address this. I want to start by saying that this problem is enormous.

Second, there is an enormous backlog of thousands of abandoned vessels that are polluting our waters. Just how is this particular bill addressing that backlog? There seems to be no effort, to do what the hon. member for Nanaimo—Ladysmith advocated in her private member's bill, to pilot some sort of turn-in program to safe recycling facilities, so we could deal with these issues. If there were a registration fee for boats, as in Washington state and other jurisdictions like Oregon, and elsewhere in Europe, that could fund the program.

The government likes to talk about how much this is costing, and it has made a pitifully small financial contribution. It should not have to spend money at all. In the long run, as the economists would say, the cost should be internalized to the people who created the problem in the first place.

If I buy a boat, I should pay a fee. There should be a disposal charge, as we do with so many other consumer products. Why the government has not reached out to the provinces to assist in this regard is really beyond me. It would save money. It would save our environment, and it would get these eyesores off our coastlines all across the country.

The government's model essentially is to fine and ultimately to use criminal sanction, penalties and offences for owners of vessels. The problem with that model is that it will be very difficult to enforce. What if we do not know who the owner is, as is often the case? The registration number is filed off. We do not know who the owner is, and the vessel has been there for many years. How are we going to use the criminal process?

The Liberals talk about imprisonment and penalties of up to $250,000 and so forth. This is the old story of legislation involving the environment. We have fabulously large fines and we pat ourselves on the back for all the great action we are taking, but here is the punchline: We never get around to enforcing that. We never put in the resources, and we do not have the political will. It is nice, and it might scare a few people into action, but it really does not address the problem.

This is the problem that my colleague from Nanaimo—Ladysmith kept talking about in her private member's bill: the enormous backlog, the failure to have a vessel registration system for accountability purposes, the failure to establish a turn-in program to ensure recycling, and so forth.

I echo the words of the Parliamentary Secretary to the Minister of Transport, who spoke earlier. She used the phrase “legislative gaps”. There are so many legislative gaps in this program that I really wish the government had addressed them.

My colleague and the NDP made a number of amendments at the transport committee, almost all of which were defeated. One of them was about the vessel turn-in program that would deal with the backlog. The amendment about a dedicated fee to help cover the cost of vessel disposal, which Washington state has, was also defeated. There was also formalizing the role of the Coast Guard. It is like that Ghostbusters movie: “Who you gonna call?” Sometimes people can call the receiver of wreck, if they know who it is. People thought it would be simpler to just call the Coast Guard, but the Liberals seem to have abandoned that. They are committed to maybe doing something down the road.

The key “emperor has no clothes” issue here, which is addressed so clearly by my colleague's amendment, would be to deal with government vessels. I listened to the debate earlier today, and I was a bit confused because some people seemed to suggest that abandoned government vessels, such as old navy boats, ferries, and the like, would somehow be covered by the bill. I could not help noticing that the director general of environmental policy for the Department of Transport testified and said, “This legislation does not cover government vessels.” I am going to believe her, and I am going to say that there is a simple fix: deleting section 5 with the exclusions at issue. Let us make sure that we have a comprehensive bill to cover government and private vessels alike.

In conclusion, this is a good start. It has taken a long time. I am pleased it is here, and I will support it. It just could have been so much better.

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:50 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, the speech of my hon. colleague, the member for Victoria, pointed out with great alacrity the benefits of this bill, but also the significant gaps. I would ask him to expand on two of those areas.

First, I cannot believe that we have legislation before the House introduced by the government that does not deal with government vessels. I would like him to expand on why he thinks that would be the case.

Second, for far too long, we, not only in Canada but around the world, have effectively regarded public areas such as our air, oceans, and waterways as public dumping grounds. There has been a lot of focus recently on ocean plastics, including at the recent G7 or G6 meeting, depending on your point of view. What a terrible problem that has been, as we have simply dumped things into the ocean.

Does my hon. colleague think that we need to have stronger environmental measures that would protect our oceans, more meaningfully educate people, and prevent us from using that important eco-resource as nothing more than a dump?

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:55 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, the hon. member for Vancouver Kingsway had two insightful questions. The first was why the government would create any uncertainty about whether it is covered. My colleague is a lawyer. He would remember the crown liability and how it changed over time. The crown was never responsible under the law, until finally, in the seventies, the government made itself subject to the laws it passes. It is ironic that we are here again today.

There is no doubt about it. Section 5 says that “[d]espite any other provision of this Act...this Act does not apply” to vessels that belong to the Canadian Forces and to vessels “owned or operated by Her Majesty in right of Canada”. It seems pretty clear to me. It seems that the environment policy person from the department was entirely accurate.

On the second, more profound issue that my colleague raised, we are using our oceans as a dumping ground. It is the tragedy of the Commons, as people have it, and Canada is not immune. It happens all over the world. It strikes me that when one dumps stuff out at sea, there is the Canada Shipping Act about that kind of pollution. However, when we have the eyesores oozing pollution right on our beaches and citizens have to take action on their own because the government does not take any action to help, it really is another kind of tragedy.

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:55 p.m.

Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, this legislation has an impact on my riding, which is very much a coastal riding. As the case is presented, there seems to be some logic there.

I just want to ask if my colleague could share with the House whether there has been any history or recollection at all of a federal asset that was beached and had to be reclaimed in some other manner. Is there any kind of history of that? I asked the hon. member for South Shore—St. Margarets the same question.

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:55 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I share with the member for Cape Breton—Canso a concern about our coastal environment. I know he shares it deeply from his part of the world, as much as we do in ours.

I am not able to answer the specific question about the frequency with which we have government vessels, but I am sure it happens. Why would it not happen? It depends how broadly government vessels are defined. It could be a tiny little tugboat owned by the Coast Guard perhaps that is abandoned somewhere, or a fisheries inspection vehicle. We do not have to think of gigantic military ships in order to see the problem that could occur. A little fibreglass boat owned by the Government of Canada could well be within that circle.

The fundamental question is, why would we have this conversation? Why is there an exemption? Why does the government not take responsibility for itself? Saying that there is no history of this, if indeed that is true, does not solve the policy question that underlies the question from the member.

Motions in amendmentWrecked, Abandoned or Hazardous Vessels ActGovernment Orders

June 19th, 2018 / 12:55 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, it is a great honour for me to partake in today's debate, especially since I am speaking here today as a proud coastal member of Parliament who comes from a neck of the woods just south of the riding of the member for Nanaimo—Ladysmith. My riding, Cowichan—Malahat—Langford, and my colleague's riding together formed what was known as the riding of Nanaimo—Cowichan.

This is a problem that coastal people have been dealing with for far too long, no matter what part of Canada they live in. Abandoned vessels not only pose threats to our environment, and in some cases threats to navigation, but they are an eyesore. They cause real harm to communities that are trying to build up an image of a sustainable community, a place tourists would want to visit.

I spent seven years working as a constituency assistant to former member of Parliament Jean Crowder in the riding of Nanaimo—Cowichan. As a constituency assistant, I was often on the phone with constituents who were outraged at the runaround they were getting and the jurisdictional finger pointing. They had gone to the municipality and to the regional district. They had gone to the port authority, to the province, and to the federal government. Every one of those agencies basically pointed at someone else, saying, “It's not our problem.” All those calls and the many years of problems building up prompted Jean Crowder to take action, and I will get to that in a moment.

I want to go over a bit of the history of how my particular community has experienced this problem. Right in the heart of my riding is lovely Cowichan Bay. I hope some members in the House get a chance to visit Cowichan Bay. It is a quaint, ideal little place on the coast. It has a great history of being a big industrial area that transformed itself into this great little community, which tourists come to every year by the droves.

We have had our ordeals with abandoned vessels. I will go back to the Dominion. The Dominion was a large Japanese fish-processing ship, which was towed to Cowichan Bay in 2007. The new owner of the vessel thought that he could buy it as an investment, sell it a few years later, and make a quick buck off it. Unfortunately, the Dominion stayed in Cowichan Bay from 2007 until 2013. It was filled with a variety of hazardous substances. It was subject to vandalism. There was the constant danger, whether from high tide or strong storms, of that gigantic ship coming loose off its mooring and plowing into other ships.

We had the SS Beaver, which was in such dilapidated condition that it sank in 2014. It still rests at the bottom of Cowichan Bay.

As a result of the lack of action, last year six derelict vessels were removed by the combined efforts of private companies. These companies were sick and tired of no government authority taking responsibility or having the resources to remove them. I want to recognize Western Forest Products, Western Stevedoring, and Pacific Industrial & Marine for taking on that initiative as responsible corporate citizens of the area. It affects their livelihoods, too, and they had the means to get it done. However, it should not have come to that.

I also want to give great recognition to Lori Iannidinardo. She serves as the area director for Cowichan Bay in the Cowichan Valley Regional District. A lot of individuals have been involved in this fight over the years, but as the area director, she has had the unique position locally of bringing so many stakeholders together, along with public and community forums, and pushing for action. Lori and Jean worked together hand in glove to try to address this problem.

Now let me turn to the efforts of Jean Crowder in the 41st Parliament. She introduced Bill C-231 in 2011. She saw a way to improve her bill, and it ultimately turned into Bill C-638, which had its opportunity for debate and a vote at second reading at the tail end of the 41st Parliament.

I will note that the Liberal Party at that time voted in favour of this bill, and among those members, there was the Prime Minister, the Minister of Transport, the Minister of Fisheries and Oceans, and others. In fact, there are various ministers, parliamentary secretaries, and chairs of standing committees in the House today who back then supported this bill. We are happy to see Bill C-64 moving ahead, but as the member for Nanaimo—Ladysmith has so clearly laid out, there are a lot of gaps that her private member's bill certainly could have filled.

I am happy to say that after years of advocacy, New Democrats and the coastal communities have really informed our work, and all that work is finally paying off. We are very proud that the action to clean up our coasts and waterways from abandoned vessels are finally under way.

I will now turn to the 42nd Parliament, the one we are in now, and the efforts of the member for Nanaimo—Ladysmith. The first version of her Bill C-219 very much built on Bill C-638, which was introduced in the previous Parliament. However, after a lot of consultation with different coastal organizations and coastal communities, she really took their feedback, which is evidence-based decision-making and evidence-informed policy-making. She incorporated their suggestions, because these are the people who are on the front lines, and introduced Bill C-352.

One of the greatest privileges we have in this place as private members is our ability to bring forward legislation on behalf of our communities. What is really unfortunate about last year is that the Liberals denied her the ability through the procedure and House affairs committee, and then the secret ballot that we had here in the House of Commons, to effectively advocate on behalf of her constituents and various coastal organizations in this place. We know it was the Liberals, because that is where the majority of the votes are coming from, who denied her the ability to at least bring this bill forward for debate and a vote. They deemed it to be non-votable, and argued that Bill C-64 covered all the conditions. In fact, we can see that her bill was actually filling in the gaps that are very apparent in Bill C-64.

However, New Democrats do not give up when they face set backs, and so the member for Nanaimo—Ladysmith tried to work at committee. She brought forward a series of amendments to Bill C-64 to actually strengthen the bill and make it reflect the conversations that she had had. We wanted to implement a vessel turn-in program, create a dedicated fee to help the cost of vessel disposal, and we wanted to formalize the Coast Guard's role. The Coast Guard's main role is to guard our coast, but I would argue it is not only to guard against smugglers but also to make sure that our coastal environment is safe, sound, and environmentally secure. She tried to make sure that we could copy Washington state's model, because we do not need to reinvent the wheel. We have many other jurisdictions, one right in Washington state, and we could basically borrow the best elements from its program and transpose them here in Canada. She also wanted to try and give the receiver of wrecks the responsibility and accountability to determine the owner.

Every single one of those amendments was defeated by the Liberals in spite of all of the testimony that we had heard at committee. That is the real shame of this. The Liberals in the previous Parliament were fine to go along with the provisions that were included in this bill, but once they got into government, and flying in the face of the evidence they heard, they refused to go ahead with that.

The bill from the member for Nanaimo—Ladysmith was endorsed by the Union of B.C. Municipalities, the Association of Vancouver Island Coastal Communities, the City of Victoria, the City of Nanaimo, the Town of Ladysmith, over 20 more local governments, the Nanaimo Chamber of Commerce, Vancouver District Labour Council, and the BC Ferry & Marine Workers' Union. These are organizations and local governments that deal with this problem and confront it on a daily basis. To have those kinds of endorsements behind the member for Nanaimo—Ladysmith really speaks to her perseverance, and it is sincerely unfortunate that the government did not allow those.

I will conclude by saying that we are not going to throw the baby out with the bathwater. We will support Bill C-64, but I hope the government will at least listen to us and accept our amendment at report stage so that we can at least have some accountability for federally owned vessels, because that is a major loophole that exists.