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)

The EnvironmentOral Questions

May 6th, 2019 / 2:55 p.m.


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Notre-Dame-de-Grâce—Westmount Québec

Liberal

Marc Garneau LiberalMinister 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 AssentGovernment Orders

February 28th, 2019 / 5:25 p.m.


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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 28th 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 HouseOral Questions

January 31st, 2019 / 3:05 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader 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 TransportationOral Questions

December 13th, 2018 / 3:15 p.m.


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NDP

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 EnvironmentAdjournment Proceedings

October 2nd, 2018 / 5:25 p.m.


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Orléans Ontario

Liberal

Andrew Leslie LiberalParliamentary 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 HouseGovernment Orders

June 19th, 2018 / 9 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader 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 VesselsPetitionsRoutine Proceedings

June 18th, 2018 / 3:45 p.m.


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NDP

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 HouseOral Questions

June 14th, 2018 / 3:10 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader 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.

Business of the HouseOral Questions

June 7th, 2018 / 3:10 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader 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 EnvironmentOral Questions

May 29th, 2018 / 3:05 p.m.


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Notre-Dame-de-Grâce—Westmount Québec

Liberal

Marc Garneau LiberalMinister 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.

The EnvironmentOral Questions

May 29th, 2018 / 3:05 p.m.


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NDP

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 HouseOral Questions

May 24th, 2018 / 3:05 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader 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 OceansAdjournment Proceedings

May 7th, 2018 / 6:05 p.m.


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Liberal

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.

Fisheries and OceansAdjournment Proceedings

May 7th, 2018 / 6:05 p.m.


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NDP

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.

Fisheries and OceansAdjournment Proceedings

May 7th, 2018 / 6 p.m.


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Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary 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.

Fisheries and OceansAdjournment Proceedings

May 7th, 2018 / 6 p.m.


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NDP

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 EnvironmentOral Questions

May 3rd, 2018 / 2:55 p.m.


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Notre-Dame-de-Grâce—Westmount Québec

Liberal

Marc Garneau LiberalMinister 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.

The EnvironmentOral Questions

May 3rd, 2018 / 2:50 p.m.


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NDP

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 CommunitiesCommittees of the HouseRoutine Proceedings

March 2nd, 2018 / 12:10 p.m.


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Liberal

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 EnvironmentAdjournment Proceedings

February 13th, 2018 / 7:20 p.m.


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Liberal

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.

The EnvironmentAdjournment Proceedings

February 13th, 2018 / 7:20 p.m.


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NDP

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?

The EnvironmentAdjournment Proceedings

February 13th, 2018 / 7:20 p.m.


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Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary 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.

The EnvironmentAdjournment Proceedings

February 13th, 2018 / 7:15 p.m.


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NDP

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 ActGovernment Orders

February 13th, 2018 / 1:45 p.m.


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Green

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 EnvironmentAdjournment Proceedings

December 12th, 2017 / 6:20 p.m.


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NDP

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.

The EnvironmentAdjournment Proceedings

December 12th, 2017 / 6:20 p.m.


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Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary 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.

The EnvironmentAdjournment Proceedings

December 12th, 2017 / 6:15 p.m.


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NDP

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 OceansAdjournment Proceedings

December 6th, 2017 / 7:15 p.m.


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Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary 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.

Fisheries and OceansAdjournment Proceedings

December 6th, 2017 / 7:10 p.m.


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NDP

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?

Canada Shipping Act, 2001Government Orders

December 6th, 2017 / 5:45 p.m.


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NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, it is a huge honour today to rise to speak to Bill C-352 on abandoned vessels. I would like to thank the member of Parliament for Nanaimo—Ladysmith for tabling this very important bill and proving she is a strong steward and champion for our environment. It follows the work she has been doing in our coastal communities for decades, and in one of her many roles as the chair of the Islands Trust

I would also like to thank the former New Democrat member of Parliament for Nanaimo-Cowichen, Jean Crowder, for her work in Parliament for more than a decade on this issue. There is no doubt that the NDP and our coastal community MPs have led the charge for healthy oceans and federal leadership in addressing abandoned and derelict vessels.

Bill C-352 is important for the environment and the economy in coastal communities for several reasons. It would end the run-around and finger-pointing by designating the Coast Guard as the agency responsible for directing the removal and recycling of abandoned vessels. This is fundamental when dealing with abandoned and derelict vessels. It would get taxpayers off the hook, by fixing vessel registration and creating a fee to help cover the cost of vessel disposal, like in Washington State. It would prevent vessels from becoming hazards by piloting a turn-in program at safe recycling facilities. It would be great for the economy and green jobs by supporting local marine salvage businesses. Most important, it would build a coast-wide strategy, in co-operation with local and provincial governments, in service of our constituents as coastal people.

These key points, and they are all key to the bill, were derived from more than 15 years of work and advocacy by local stakeholders in coastal communities in British Columbia, and I cited the former MP Jean Crowder and the current member from Nanaimo—Ladysmith, working with individuals, organizations, and local mayors and councils from my riding, from Tofino to Qualicum Beach through the Association of Vancouver Island Municipalities, and a resolution that was supported by the Union of British Columbia Municipalities. This bill reflects their concerns and priorities.

However, the government's response to Bill C-352 has been inadequate and undemocratic. In fact, it shut out coastal voices. Instead of thoughtfully examining the bill, offering amendments, and allowing a free vote, the government has chosen another path, deciding to table Bill C-64, which is significantly different in that does not take the advice of local and regional stakeholders, who have been engaged in this issue for 15 years. It is not without merit, but has some gaping holes.

For instance, Bill C-64 would not create nor define a national strategy to deal with abandoned vessels. It has no turn-in program or a cash for clunkers incentive for owners who may be at risk of losing or considering abandoning their vessels at sea.

Finally, while Transport Canada admits there may be thousands of abandoned and derelict vessels along our coastlines today, there is no mechanism or plan to clear this backlog.

Unlike the government bill, BillC-352 directly deals with each of these glaring weaknesses. In spite of this, the government made an effort to defeat Bill C-352 before it could even be debated.

Again, I want to thank my colleague and neighbour from Nanaimo—Ladysmith for bringing this issue forward and for working and co-operating with other parliamentarians. My thanks for her good nature and commitment to progressive co-operation and getting results for her constituents and coastal communities. She has urged all MPs to give their unanimous consent to move the government's along to help our coastal constituents as quickly as possible.

My colleague has done incredible work in bringing coastal communities together, in bringing this forward and in demonstrating that she and the NDP members are leaders in defending coast communities on the environment and the protection of our coast.

Canada Shipping Act, 2001Government Orders

December 6th, 2017 / 5:40 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, to the point of order, that is definitely a point of debate. I know my constituents know exactly how Liberals voted. We just have to take direction from the Standing Committee on Procedure and House Affairs, but that is beside the point.

The point is that this House, with its Liberal majority, decided that coastal voices were not going to get their turn. The Liberals denied my colleague her chance to bring forward legislation in this House and have it debated. It shows bully tactics and extreme lack of courage, and it is absolutely shameful behaviour on the part of a government that came in with a mandate to give more respect to Parliament and parliamentarians.

In fact, I remember the speech by the Prime Minister when I was at the orientation session for new members of Parliament. He kept going on about how important our role as private members was in this place, our ability to bring forward legislation, bring forward those ideas, put them in a bill, and have it debated and voted on so we could actually have recorded votes on where individual members of Parliament stand.

We will never get to know that now with Bill C-352. We will not know where B.C. Liberal MPs stand on that bill because they decided to make it non-votable. Those are the facts. I could go on and on, but I just want to end with this. No matter what their tactics, it will not stop us from speaking up strongly.

Again, I want to salute my colleague from Nanaimo—Ladysmith for the incredible work she has done on this file. Even with the criticisms I have just levelled at the Liberal government, I can assure members that when it comes to Bill C-64, we will do our due diligence on it. We have given agreement in principle, but I believe there are important amendments. I look forward to the hon. member for Nanaimo—Ladysmith working on that bill and making sure it actually is the right fit for our important coastal communities.

Canada Shipping Act, 2001Government Orders

December 6th, 2017 / 5:40 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, I just want to start by stating into the record what an absolute pleasure it is to have such a dedicated colleague like the member for Nanaimo—Ladysmith. We are fortunate enough to be neighbours on beautiful Vancouver Island. We share a coastline. We both have a connection to Jean Crowder, the former member of Parliament Nanaimo—Cowichan. We often like to joke that it took two of us to replace Jean, because that is how good she was.

I want to set the stage for my constituents back home who may be watching this. We are here debating, and we have been given one hour for my colleague's Bill C-352. We are here because the Liberal government has used its majority, and has used bully tactics to silence her voice, to silence her right to take forward legislation in this House on behalf of her constituents.

The procedure and House affairs committee deemed this bill non-votable. The member for Nanaimo—Ladysmith appealed to this House and, for the first time ever, we had a historic secret ballot vote. We lobbied Liberal members of Parliament. We sent almost 30,000 emails to them from strong voices in coastal communities. However, still, the Liberals decided they were going to quash the member's voice and not let her stand in this place to bring forward legislation, as is the right of every member of Parliament in this place. That is why we are here today.

My riding has a long history with abandoned vessels. I could write a whole book just on Cowichan Bay and what it has gone through. In fact, we still have the SS Beaver below water, waiting for action to happen.

I have had a long history with abandoned vessels. The biggest problem with abandoned vessels has been the jurisdictional finger pointing. If it was laying on the seabed, it was the jurisdiction of the province, unless it was a municipality that had that particular foreshore; if it was an obstacle to navigation, the Coast Guard was called, which more likely than not would just tow it to the nearest sandbar and leave it there. In other instances, the port authorities could be involved. The main point is that constituents, when they found an abandoned vessel, had no idea who to turn to, and would just completely get the runaround.

I appreciate the government's efforts on Bill C-64. I am very glad that the House gave unanimous consent to move that important piece of legislation to committee. The argument that my colleague from Nanaimo—Ladysmith has made is that her bill fills in some important gaps, and the two bills complement each other. It comes down to coastal voices. We have worked so long on this legislation, for many years. We have had the backing of the Union of B.C. Municipalities, and many different organizations that are involved in protecting our coast.

For the Liberals to use their majority just to silence us, and to not even bring forward this bill for a vote shows an extreme lack of courage on their part. I would have loved to have seen coastal British Columbia members of Parliament—

Canada Shipping Act, 2001Government Orders

December 6th, 2017 / 5:30 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, it is indeed an honour to stand before the House to talk to the private member's bill from our colleague from Nanaimo—Ladysmith, Bill C-352. It is unfortunate that we are speaking at a time when really the government has pretty much scuttled her bill, as we get jeers across the way, and really did everything in its power at every step of the way for the member of Parliament and her advocacy for the issue.

We cannot have a debate or a speech on abandoned vessels without first giving due to our hon. former colleague, John Weston, who also brought forth a bill very similar to this. It was in June 2015 in the 41st Parliament that Conservative MP John Weston introduced Bill C-695, which would have dealt with very similar issues or similar points that Bill C-64 and Bill C-352 have. One of the things that I will agree with our colleague across the way from South Shore—St. Margarets about is the responsibility. Whether it is somebody who is polluting or somebody who is abandoning a vessel, Conservatives also agree that there has to be some onus and responsibility on that person, the owner of that vessel or the person or organization that is doing the polluting.

One of the things that I will take a bit of deference to in terms of our hon. colleague who just spoke before us from South Shore—St. Margarets, whom I respect greatly, is the fact that her motion, Motion No. 40, really precipitated BillC-64. I would offer that it probably helped along the way, bringing the awareness to the government, but I would also then say that those who walked before us, including our hon. colleague from Nanaimo—Ladysmith and our hon. former colleague, Mr. John Weston, and the work that he did in the previous Parliament, set the ground for where we are today.

We have heard examples. While our hon. colleague from Nanaimo—Ladysmith did name the Expo 86 barge, it was affectionately known on the Pacific coast as the McBarge. I believe that is the one she was referring to. It was a floating McDonald's during Expo 86 and it had been towed out to Ladysmith. Some entrepreneur had some grand ideas as to what he or she was going to do with it. However, as with many of our small businesses, with all the whims and whimsies and “fail to plan” and “plan to fail” it sat there and collected rust.

In doing research for this speech today, I looked quickly in the news articles. Just recently, at the beginning of November, the Town of Ladysmith applied for federal funding to remove nine derelict vessels. That is unacceptable. Whether it is a small municipality on the Pacific coast or on the Atlantic coast, this is unacceptable and that is what the challenge has been in terms of abandoned vessels. Whose responsibility is it? There is a lot of finger pointing when there are abandoned and derelict vessels as to whose responsibility it is, who is going to take control of and mitigate the situation. What I felt was compelling in our hon. colleague's private member's bill, Bill C-352, was something that I was not aware of. I have to say that when I was tasked to talk to this, I actually reached out to our hon. colleague and wanted to find out a bit more about the issue. I am from British Columbia. I can read the headlines and know that there are challenges and issues there, but I confess I am in a landlocked area. Outside of maybe a rowboat, there are not a lot of the huge derelict vessels that we will see in some of our coastal communities.

Therefore, I want to know what the difference is between Bill C-64, and our hon. colleague's bill in the previous Parliament, Bill C-695, and our hon. colleague from Nanaimo—Ladysmith's bill, Bill C-352. She said that the fundamental difference is it assigns responsibility to the Coast Guard. I will touch on that quickly when I get a chance.

The overwhelming issue that we have, and I think our hon. colleague said it very articulately, is that when we are trying to track down the owner of a vessel that has perhaps changed hands three, four, or five times, how do we assign a fine to somebody who does not own that vessel anymore? The federal registration process for marine vessels is and has been flawed. I thought that Bill C-352 identified this issue, which I was unaware of. I look forward to Bill C-64 coming to committee and working with my colleague across the way from South Shore—St. Margarets to make some amendments to it, because I think there are some strong points that will allow us to finally put this issue to rest.

One of the things I want to talk about is the responsibility of the Coast Guard. Our hon. colleague from South Shore—St. Margarets made a great point. The responsibility, as it sits with Bill C-352, would go squarely on that of the Coast Guard. Somebody ultimately needs to take responsibility for that. Whether with respect to enforcement, or mitigating the issue and removing it from the waters, somebody should be responsible. There should be a singular group or organization that one can call when one has a ship that is rusting in one's area, whichever that is, the Coast Guard or Transport Canada. There is no finger pointing. The challenge is that we have a Coast Guard today, and I think my hon. colleague knows where I am going with this, that is challenged for resources. My hon. colleague across the way from South Shore—St. Margarets knows that this is something that as the shadow minister for this file I am deeply aware of. We have 27 marine vessels in our Coast Guard fleet with 75% to 148% of their notional lifespan. We have perhaps the oldest marine vessel fleet in the world.

Canada has the largest coastline in the world, yet we are asking our brave men and women in our Canadian Coast Guard to brave the waters, to enforce our Arctic sovereignty, and because 90% of all of Canada's trade goes by marine and waterways, to make sure that our seaways and waterways are free of ice so that our ports and communities can remain viable, and our mariners, fishermen, and those coastal communities can receive the services they require from our Canadian Coast Guard, with a fleet and resources from a federal organization that I believe requires some attention.

I understand I have about a minute left. I do not know if there is much more that needs to be said.

I congratulate our hon. colleague for her tireless efforts in seeing this through, and working with our former colleague, Mr. Weston, in supporting his bill also, Bill C-695. I know Mr. Weston supports Bill C-352. I look forward to perhaps having our hon. colleague at committee, and working with our colleague across the way from South Shore—St. Margarets, to do some great work, as we usually do at the fisheries committee, and come up with a piece of legislation that will protect our harbours and our coastal communities, and make sure that those who require the resources are getting it, like our Canadian Coast Guard.

Canada Shipping Act, 2001Government Orders

December 6th, 2017 / 5:25 p.m.


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Liberal

Bernadette Jordan Liberal South Shore—St. Margarets, NS

Mr. Speaker, I am happy to rise today to speak to Bill C-352. Before I speak to the bill, I want to sincerely thank the member for Nanaimo—Ladysmith for her commitment to and her advocacy for coastal communities and the issue of abandoned and derelict vessels. We both agree that something has to be done about this ongoing problem.

I often use the example of a truck when I talk about abandoned vessels. If truckers are through with their rigs, they cannot leave them at the side of the road and expect someone else to look after them, so why should we expect anything different from people who own vessels.

During the election in 2015, I heard over and over again about the problem of abandoned and wrecked vessels and the problems they cause in our coastal communities. Living in Nova Scotia and representing a large coastal riding, this was not an issue that was uncommon to me. That was why I was happy to bring forward Motion M-40 to the House in February 2016.

My private member's motion helped put the issue of abandoned and wrecked vessels on the government's radar and set the wheels in motion, leading up to this fall, when the Minister of Transport introduced the government's bill C-64. This is comprehensive legislation that will deal with the ongoing problem of abandoned and wrecked vessels. We need to be proactive, not reactive.

I am proud of the fact that this legislation was based on a motion I put forward that was unanimously adopted in the House. Coastal communities have had a problem with these vessels, and those problems have been punted between federal, provincial, and municipal governments, because nobody wanted to deal with the issue. I am so happy that we have taken the initiative and are moving to provide long-term solutions to deal with this problem. Bill C-64 is a comprehensive plan that would address the problem of abandoned vessels and put the onus squarely on the owners, where the liability belongs.

Bill C-64 has many objectives that would be met to ensure a long-term solution to this issue. The bill aims to strengthen owner liability, including the cost of cleanup. It would address irresponsible vessel management, including by prohibiting vessel abandonment. It would enhance federal powers to take proactive action on problem vessels. It would introduce a compliance and enforcement regime, with offences and penalties, and it would clarify the roles and responsibilities of Transport Canada, the Department of Fisheries and Oceans, and the Coast Guard. In short, it would make it illegal to abandon a vessel and would close loopholes that have made abandonment possible without recourse.

A key difference between Bill C-64 and Bill C-352 is the involvement of the Coast Guard as the receiver of all wrecks. On this difference, I believe that the member for Nanaimo—Ladysmith and I have very different opinions.

In my opinion, our Coast Guard is there to serve our coastal communities with search and rescue operations and to conduct vital scientific research. To designate it a salvage organization would be inappropriate for these men and women and the role they provide in our coastal communities.

Currently, lobster fishers in my riding are braving the Atlantic Ocean at times that are trying and in weather that can turn on a dime. I would hate to think that at a time when they may be needed off our coast in an emergency situation, resources for the Coast Guard might be tied up dealing with an abandoned vessel that someone has dumped.

I believe that the responsibility for vessels belongs squarely with the people who own them, not with the Coast Guard, and ultimately the taxpayers of Canada. A significantly stronger regulatory regime to make sure we can identify who owns vessels and that owners have a proper way of disposal would be a more comprehensive and better way of dealing with this issue.

There are times when the government has to step in to help with removal, as was the case this summer with the removal of the Farley Mowat, in my riding. The town of Shelburne had done everything possible to have the Farley removed, but unfortunately, it was met with resistance at every turn. The federal government recognized that the town could no longer face the impending environmental disaster this ship posed and stepped in to have it removed. The people of the town of Shelburne were ecstatic to get rid of that rusting hulk of garbage after three years of trying everything. However, we need to deal with these vessels before they become the kind of problem the Farley Mowat did, and Bill C-64 would accomplish just that.

In closing, I again want to thank the member for Nanaimo—Ladysmith for her advocacy and her support of Bill C-64. I note that there are some differences between Bill C-352 and Bill C-64, but we all want the best solution to address this long-standing issue. I look forward to working together to make sure we get this right. Like my colleague, I want us to be able to deal with the issue of abandoned and derelict vessels so that our coastal communities do not have to.

Canada Shipping Act, 2001Government Orders

December 6th, 2017 / 5:10 p.m.


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NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

moved that Bill C-352, An Act to amend the Canada Shipping Act, 2001 and to provide for the development of a national strategy (abandonment of vessels), be read the second time and referred to a committee.

Mr. Speaker, oil spills and marine debris from thousands of abandoned vessels across the country pollute our waterways and put local fishing and tourism jobs at risk. For too long, jurisdictional gaps have left coastal communities with nowhere to turn when they need help with abandoned vessels.

I first encountered this on Parker Island, a small island off Galiano. Constituents came to me saying that for 10 years they had been trying to get an enormous abandoned barge off of their white sand beach. They had asked every single department, provincially and federally, and got the runaround for 10 years. Someone had had a big dream of turning one of the old Expo 86 barges into a floating bed and breakfast, or something like that, but by the time it beached on the shore, it was rotting. My constituents would phone the Coast Guard, which would say it was a hazzard to navigation and that maybe they would have a look at it. The Coast Guard would then simply tie on the rotting pieces of rebar or the chunks of concrete or asbestos insulation that had fallen onto the beach. Children could not play there and the fisheries were harmed. It was a total mess, and no one would help.

I was chair of the Islands Trust Council at the time. We did not have any authority to deal with this, but we tried to find out whether this really was a result of a hole in jurisdiction and if other communities were having the same problem. We went to the Association of Vancouver Island and Coastal Communities, the local government association for the Sunshine Coast on Vancouver Island. We took past resolutions, asking for action, to the Union of BC Municipalities, representing 180 municipal and rural governments all bound together.

One time, I led a delegation of 19 different local governments to meet with the Liberal B.C. minister of forests, lands and natural resource operations. There were 19 different local governments all in one room asking for help, saying that the minister should get it fixed or implore Ottawa to assume its responsibilities, that this was a marine issue, that it was about the oceans and vessel registration, and that the minister should be acting. Other countries act in regard to such vessels, but Canada fails to act.

For 10 years, we were completely ignored. That is one of the reasons I wanted to get elected as a member of Parliament: to bring the solutions here and to fix this once and for all.

During the course of the election campaign, the Viki Lyne II came into prominence in the riding I was hoping to represent. In Ladysmith Harbour, four years earlier, Transport Canada had found a beautiful old 100-foot fishing trawler adrift, the Viki Lyne II. She had been built in 1961 and had met a bad end. Transport Canada towed her into Ladysmith Harbour, which was viewed as a safe harbour, and there she sat for four years at anchor. Ladysmith had put an awful lot of effort into waterfront beautification, tourism promotion, and yet this horrific rusting hulk was sitting there, a hull that the Coast Guard, in a marine survey in year one, had said was maybe only being held together by the rust, yet it was a vessel with 125,000 litres of contaminants on board.

Ladysmith has jobs invested in aquaculture, tourism, and fisheries. All of them were threatened if the worst-case scenario happened to Viki Lyne II, and still we could not get action. A huge rally during the election campaign was organized by Take 5, one of the great local newspapers. Former MP Jean Crowder had been very active, trying to bring solutions to this. The former mayor of Ladysmith, Rob Hutchins, and then his successor, Aaron Stone, had a very strong alliance with the Stz'uminus First Nation. Here I raise my hands to Chief John Elliott, who was a very strong partner, he and his council. They repeatedly wrote letters to the federal government asking for help.

The Ladysmith Maritime Society, a community-owned marina, pushed as hard as it could for solutions. Finally, having been loud about this in question period, which some members might remember, a former fisheries minister, now the member for Nunavut, said that he would find a way to fund the removal of the Viki Lyne II. A little more than a year ago, there was a huge community celebration when, five years after was had first asked, the Viki Lyne II was finally towed away. In our effort, the Ladysmith Chronicle, a great local newspaper, had really helped us keep the pressure on and tell the story.

After the Viki Lyne II was towed away, every person who had been involved in her removal recommitted to a comprehensive coast-wide solution. The one off approach of dealing with the problem on a boat-by-boat basis, and not dealing with it until it became an emergency, had not been tenable. All them said that no community should have to work as hard as Ladysmith had to get that one boat removed.

Therefore, I brought to the House legislation based on all of the years of advice from coastal communities to fix vessel registration; to pilot a vessel turn-in program; to create good, green jobs by working with local salvage companies and innovating with recycling. Maybe we can find some markets for fibreglass, which has just not been done yet. Finally, my legislation aimed to end the jurisdictional runaround by making the Coast Guard the first point of contact. If someone finds an abandoned vessel, they contact the Coast Guard, and the Coast Guard works it out between other federal agencies who should take the first action.

From Tofino, B.C., to Fogo Island, Newfoundland, my legislation has been broadly endorsed. Fifty coastal communities; businesses; harbour authorities; marinas; and labour groups, such as the the BC Ferry and Marine Workers' Union, Vancouver District Labour Council, and the Union of BC Municipalities all endorsed my legislation.

This summer I went to Nova Scotia and met with local leaders from all over who are facing the same problem, and they all agreed that this legislation would meet their needs and that we needed to accelerate it. We kept raising the pressure, along with many of my other Vancouver Island colleagues, some whom are sitting with me here today. We raised the issue of abandoned vessels 80 times in the House just in this Parliament alone.

The government kept promising that action was imminent. It did announce some funding back in the spring, which was better than a kick in the head, but, honestly, a drop in the bucket, with $260,000 this year for small craft harbours and $300,000 for removal from anywhere else in the rest of the country. The bill for removing the Silver King from my colleague's riding of Courtenay—Alberni was $300,000. This one vessel would have blown the whole budget for the entire year. The capital regional district, which my colleague, the MP for Victoria, represents in part, has applied to the federal government for $1 million to remove the backlog of abandoned vessels. Therefore, $300,000 is not going to go very far.

Then, on October 22, another vessel sunk in Ladysmith Harbour, the Anapaya, which had already been on Transport Canada's inventory of vessels of concern for three years. It certainly was a lot more expensive to recover, and more damaging to local jobs and the environment once it was sitting on the bottom of Ladysmith Harbour leaking oil than if, proactively, we had been able to remove it before it sank. I am very grateful to the Coast Guard, as it has so many times risen to the call for action without really having the proper resources, and without a super-clear authority. Those good men and women of the Coast Guard have acted. However, we need to support and resource their work and give them clear responsibility.

On October 30, just eight days after the Anapaya sank, the transport minister introduced Bill C-64. The bill is compatible with my legislation, as there is no overlap. When I saw that the minister had finally acted, I thought, great, my bill would really fill the gaps in his bill, and both pieces of legislation could move forward together. The transport minister's bill does not legislate on the most pressing issues with abandoned vessels. It does not deal with the backlog and does not fix vessel registration. The transport minister wants to be able send fines and penalties to the owners of vessels, but if there is no proper vessel registry, how will he ever know where to mail the bill?

Therefore, these two pieces of legislation should have been able to go forward together. Again, because the government's bill did not deal with the backlog, part of my bill suggested a vessel turn-in program, kind of like the successful cash for clunkers program for vehicles, which many provinces have worked on. Without that kind of turn-in program, we will just not be able to deal with the backlog.

We have heard of all the procedural games the Liberals used. They blocked my bill at the procedure and House affairs committee. I went to an appeal and showed them exactly all of the ways the bills were compatible and not in conflict, but they used their majority on committee to vote me down. We then used an unprecedented tool that had never been used in the history of the House of Commons, a secret ballot vote.

Even under the cover of the secrecy of the ballot box, I had an awful lot of Liberal colleagues say they were sorry but were voting with the government on this one. I wish they had voted with coastal communities, voted to have the solutions from all of those coastal mayors, brought to this House, and at least had the courage to have these debated in committee. To me, it felt like a real betrayal of the Liberal commitment to work across the aisle co-operatively, and to work with local communities to find solutions. I am disappointed. None of the B.C. coastal voices are included in this legislation, and I do not believe there are any B.C. Liberals on the speaking list today who are willing to speak about why they did not want to support this bill. In contrast, in the previous Parliament, when the Liberals were the third party, they voted for former MP Jean Crowder's version of this bill. That included the fisheries minister, transport minister, and the prime minister. Anyway, times have changed.

Tonight is the end of the road for Bill C-352. It is what coastal communities have been asking for for decades, but this is our consolation prize final hour of debate. Because of the Liberal push, this will not go to committee or a vote, which almost never happens. However, here we are making history again.

Yesterday, I was very pleased to have the support of all parties of the House to fast-track the transport minister's bill, Bill C-64, to committee immediately. Our communities are so hungry for solutions, and I am really glad there was agreement to move that quickly. The minister's bill will go to committee and I will do my best, along with my colleagues, to insert as many of those coastal solutions that remain from my blocked bill within the minister's bill.

I will finish by saying that I continue to be awed by the power and innovation of coastal communities. These are people who take matters into their own hands, find fixes, and use the system to advocate for them. Honestly, they should not have had to work this hard. This should have been solved 15 years ago, as every other maritime country has pretty much done.

I will not forget that the Liberal government tried to stifle coastal voices. However, my resolve to include the innovation and problem-solving nature of coastal community leaderships into the government's bill continues so that we can finally solve the abandoned vessels problem and get it off the backs of coastal communities. For ecology, the economy, and local jobs, let us respect that coastal wisdom. Let us honour the advice of these elected local leaders and bring their abandoned vessels solutions to this House and into Canada's legislation.

Abandoned VesselsPetitionsRoutine Proceedings

November 24th, 2017 / 12:15 p.m.


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NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Madam Speaker, I rise again in the House to present petitions signed by coastal people who are urging the House to adopt my Bill C-352, which would solve the problem of abandoned vessels. These signatories are from Port Saunders and Corner Brook, Newfoundland, and on the west coast, Nanaimo and Ladysmith.

The petitioners urge that the bill and its remedies for fixing vessel registration dealing with the backlog of abandoned vessels, and with recycling and green jobs all be advanced. All of these are pieces that would fill holes in the government's Bill C-64.

The EnvironmentOral Questions

November 24th, 2017 / 11:40 a.m.


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NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Madam Speaker, after the Liberals blocked my bill on abandoned vessels, I launched a historic appeal allowing MPs to decide themselves if it should be debated. It should, because it is built on solutions proposed by coastal communities, which will fill gaps in the government's Bill C-64. We have hundreds of signatures in support of my bill and this week the mayor of Ladysmith wrote directly to the Prime Minister urging him to allow debate.

Why is the government blocking my legislation? Why is it stifling coastal voices?

The EnvironmentOral Questions

November 24th, 2017 / 11:40 a.m.


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NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Madam Speaker, for too long, administrative shortfalls have left shoreline communities struggling unaided to dispose of abandoned vessels.

In Beauharnois, many environmental concerns have been expressed about the Kathryn Spirit. We are talking about tens of tonnes of hazardous materials and contaminated water.

The Liberals' Bill C-64 fails to properly address the problem of vessels being left to rot for years in shoreline communities.

Will the Liberals finally work with these communities and with the NDP by debating Bill C-352 in order to fill the gaps in their own bill?

Fisheries and OceansOral Questions

November 20th, 2017 / 2:50 p.m.


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Notre-Dame-de-Grâce—Westmount Québec

Liberal

Marc Garneau LiberalMinister of Transport

Mr. Speaker, it would be totally inappropriate for me to comment on decisions taken by the procedure and House affairs committee.

Having said that, we are extremely proud of Bill C-64, which is a comprehensive strategy to deal with abandoned and derelict vessels. It is something that all of government should support.

Fisheries and OceansOral Questions

November 20th, 2017 / 2:50 p.m.


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NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Mr. Speaker, despite years of advocacy by coastal communities, the Liberals' Bill C-64 does not legislate on the most pressing aspects of the abandoned vessel problem. Last week another boat sank in Ladysmith.

For too long federal failures have left coastal communities with nowhere to turn. That is why my bill includes their solutions and fills gaps in the government's new bill. However, in unprecedented interference, Liberal members are blocking debate on my abandoned vessel legislation.

Why is the Trudeau government stifling coastal voices?

The EnvironmentOral Questions

November 1st, 2017 / 3:05 p.m.


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Liberal

Bernadette Jordan Liberal South Shore—St. Margarets, NS

Mr. Speaker, derelict vessels are a problem for many coastal communities, including in my riding of South Shore—St. Margarets. That is why I introduced Motion No. 40, and was very proud when the House adopted the motion unanimously.

Earlier this week, our government introduced Bill C-64 in Parliament to address this important issue. Could the Prime Minister please update Canadians on the new measures included in this unprecedented legislation?