Bill C-64 (Historical)

Wrecked, Abandoned or Hazardous Vessels Act

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

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

The Environment

[Marc Garneau, Liberal, Minister of Transport]

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

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

Royal Assent

[The Assistant Deputy Speaker, NDP, Carol Hughes]

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

Rideau Hall

Ottawa

February 28, 2019

Mr. Speaker:

I have the honour to inform you that the Right Honourable Julie Payette, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 28^th day of February, 2019, at 1632.

Yours sincerely,

Assunta Di Lorenzo

Secretary to the Governor General and Herald Chancellor

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

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

Wrecked, Abandoned or Hazardous Vessels Act

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, I certainly agree with my friend from Saanich—Gulf Islands. This is a very serious issue that we have heard of for many years in a variety of forms, particularly from our Pacific coast in British Columbia.

I was fortunate in the fact that there seemed to be general agreement in the House on the pith of the legislation itself. However, I wanted to take the opportunity to not just highlight the importance of the remembrance of those who had served Canada, but the great example of passionate advocates like Captain Bender, who I think is in his eighties.

Canadians can influence this place, because we are their representatives. This is a process with Bill C-64 where their passion has helped make the legislation better. Therefore, I have dedicated my remarks today really to showcase what they have done, alongside the Senate and members of this place, to ensure we amend this to fix the real public policy challenge we see on the west coast and also to show that passionate Canadians can make their changes to preserve our history.

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, as we have moved out of the building with the Peace Tower and Memorial Chamber that honour those who made the ultimate sacrifice to Canada, it is quite fitting that in my final speech of the week, during this first week in the new chamber in West Block, I am going to speak about something that is very important to military families, veterans and Canadians: preserving the legacy of those who died in the service of Canada.

Bill C-64 is a bill that deals with wrecked, abandoned and hazardous vessels, and there is a lot in it. At times, the abandoned, hazardous vessels that appear listless, to me, sounds like a description of the Liberal cabinet.

Regardless, this is a bill that deals with an important maritime safety piece. It is an example of how the Senate and the House of Commons, but most importantly Canadians, have worked to make sure Bill C-64 preserves something far greater than the maritime regulations for safety regarding abandoned vessels. It is going to preserve the remains of those who died on the sea in service of our country.

As a veteran and someone who spoke regularly in the old chamber on these issues, and now in this one, I am honoured to say a few words and to thank the Canadians who helped the Senate and the House make this legislation better and to preserve the legacy that we owe to our fallen.

This bill, as amended by the Senate, would allow the government to make regulations to protect and preserve Canada's war graves. I want to thank the patriotic Canadians who brought this to committee and to the Senate, and who pushed these amendments forward in collaboration with many members on both sides of this chamber.

Project Naval Distinction was behind this effort. I want to thank its leaders, and most importantly retired captain Paul Bender, a World War II veteran who has been fighting passionately on this issue for many years to protect the final resting place of our service men and women. It is going to be achieved by this legislation. Alongside him is retired vice-admiral Denis Rouleau and the hon. Ian Holloway, a naval veteran who is now the dean of law at the University of Calgary, as well as a good friend of mine, Richard Blackwolf, the head of the Canadian Aboriginal Veterans and Serving Members Association. These volunteers and passionate Canadians have been pushing for this.

I also want to add to that group a friend and former staff member of mine, Patrick White, a naval lieutenant in the reserves who is currently attending law school. He worked for me when I was parliamentary secretary and when I was minister of veterans affairs. He was one of the serving or veteran members of my office. I was so proud that as a law student, working alongside Captain Bender, he appeared before committee to ensure that we preserve this important testament to the people who gave their lives serving Canada.

This legislation would preserve the final resting place of our merchant marine and warships on which Canadian sailors and merchant mariners perished, and in particular, those from the longest single battle of the Second World War. While there are war graves from before that, many of the vessels that would get protection by regulations from this legislation are from the Battle of the Atlantic, which between 1939 and 1945 achieved victory in that conflict. It was the single longest battle of the Second World War.

This legislation would recognize and define the war graves of these shipwreck sites, provide regulations regarding their preservation and even attach penalties for violating these sacred areas. Thank you to the amazing Canadian veterans and volunteers, the passionate patriots who pushed to make this happen.

The U.K. has had similar legislation for about 20 years, which is the Protection of Military Remains Act. I want to also thank our our allies in France, whose government also has legislation preserving shipwrecks. Captain Bender and the volunteers of Project Naval Distinction have actually worked with the French to protect HMCS Athabaskan and HMCS Guysborough, which lie in French territorial waters. These volunteers have been working not only to make sure our legislation is better but have been working with our allies.

I want to thank our ally, France.

Let us review how profound the Battle of the Atlantic was. Seventy-two merchant marine vessels supplying the war effort were lost as well as over 1,600 lives. In fact, Conservative MP Elsie Wayne fought for years to ensure our merchant marine veterans received better and appropriate recognition. Their loss and casualty rate was one in seven in the Second World War. I want to thank those veterans and their families, and let them know we will preserve those wrecks.

The Royal Canadian Navy lost 26 warships and seven torpedo boats. Over 2,000 lives from the Royal Canadian Navy were lost in the Battle of the Atlantic and 752 from the Royal Canadian Air Force, which was flying in conjunction with the anti-submarine warfare type missions to protect the convoys.

As a proud naval air veteran in the House, I am proud of the navy and air force's tradition of working on this. I am proud to have served on the HMCS St. John's as part of the air detachment. We continued that legacy of protecting the ships and lives at sea from the subsurface threat. There was incredible collaboration between the merchant marine, the Royal Canadian Navy, the Royal Canadian Air Force and our allies to ensure the war effort was run.

Civilians can be recognized through this as well, because 136 lives were lost on SS Caribou, a ferry which was sunk in transit between Nova Scotia and Newfoundland and Labrador. You seem to be very aware of that, Mr. Speaker. This is part of Canada's remarkable contribution to the Battle of the Atlantic and to global peace and security. We should be proud of it, but we should fight to preserve it. The bill would do that.

When we talk about our military history and veterans and when we hear numbers like 2,000 in the navy, 752 in the air force and 1,600-plus in the merchant marine, we sometimes lose sight of the fact that those are not numbers. Each one is a family that was gripped by the loss of its son or daughter. We cannot lose sight of that. Therefore, I invite parliamentarians to think of that as we pass this and support it with these amendments, that we are thankful for all sides and Project Naval Distinction for making it happen.

In Westboro, there is a bench with a plaque dedicated to Lieutenant Leslie Ward, who died aboard HMCS Athabaskan on April 29, 1944.

Now, lives lost at sea are recognized in the naval monument in Point Pleasant Park in Halifax. I and many members have been there. We can hear the bell toll for each ship lost, and the many rings makes us realize how many ships were lost. However, the names are not there because we count them in ships.

Decades ago, Lieutenant Ward was honoured at the Point Pleasant monument. Fortunately, naval veterans and his family also honoured him in Westboro on Wellington Street just down the road. People can go have a seat on the bench in his honour and contemplate the thousands of Canadians who died serving us on the oceans.

To end my remarks on a Friday and to end my remarks with respect to those lives lost, I will say a a few words selected from the naval prayer:

Preserve us from the dangers of the sea, and from the violence of the enemy; that we may be a safeguard unto our most gracious Sovereign Lady...and her Dominions...that the inhabitants of our Commonwealth may in peace and quietness serve Thee...and that we may return in safety to enjoy the blessings of the land...

For those who did not return to enjoy the blessings of the land, this bill and its amendments, thanks to many Canadians, will preserve and protect their final resting place.

Lest we forget.

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

Mr. Speaker, I thank my colleague from Salaberry—Suroît for her speech.

I too presented amendments to the committee when it was studying Bill C-64. I am more satisfied with Bill C-64 than the NDP is. That may be because I am the MP for the Gulf Islands.

Derelict vessels and wrecks are a serious problem. They are also connected to another problem, which is that homeless people are taking shelter in these extremely dangerous vessels. This is a serious threat. That is why I am especially eager for this bill to come into force. We need more funding to address the threats posed by the vessels off the coast of British Columbia.

The House resumed consideration of the motion in relation to the amendments made by the Senate to Bill C-64, An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations.

[Anne Minh-Thu Quach, NDP, Salaberry—Suroît, QC]

Mr. Speaker, I was saying that my former colleague, Sheila Malcolmson, introduced Bill C-352, which proposed several solutions to the problem of wrecks in coastal areas. That bill never saw the light of day and could not be debated in the House of Commons because the Minister of Transport did not want the bill to be debated. My colleague was nevertheless very humble and wanted to work with the government and the Minister of Transport to make amendments to Bill C-64. The Liberals rejected 12 of the 13 amendments she proposed. When it comes to democracy, the Liberals say they want to do what is in the interest of the public and all Canadians, but we can see that they are not true to their word.

Several hundred vessels are rotting in Canadian waters, from British Columbia to Beauharnois-Salaberry to Newfoundland. In light of the melting of glaciers and the opening up of the Northwest Passage, a bill that protects our coastal communities and manages the dismantling of abandoned vessels is long overdue.

As members know, my riding has not been immune to this scourge. I am pleased to speak in the House, for what I hope is the last time, about the Kathryn Spirit, which, after seven years of hard work, has finally been dismantled. It risked compromising the drinking water supply for the people of Beauharnois and also for the people of the greater Montreal area, which is what galvanized everyone.

The Senate amended the bill, but it unfortunately did not talk about the amendments the NDP wanted to propose. The Senate essentially did the same thing as the government did with our amendments. It ignored the amendments that the Liberals had rejected.

However, Bill C-64 also contains some good measures. Any corporation that breaks the law can be prosecuted and ordered to pay a fine of $100,000 to $6 million. Those responsible could face additional fines or a maximum prison sentence of three years. Any vessels of 300 gross tonnage and above must have wreck insurance , which should seriously reduce the chances of another situation like that of the Kathryn Spirit from happening again.

I would like to remind members of what happened in the case of the Kathryn Spirit, an old bulk carrier that was 153 metres long and of 9,261 gross tonnage acquired by Groupe St-Pierre. That vessel was 30 times bigger than the limit set out in this bill. The bulk carrier contained thousands of litres of crude oil and hundreds of kilograms of asbestos, PCBs and other hazardous products.

Over the past seven years, I have spoken to the House on this subject more than 30 times. I have also sent letters and suggested solutions to the Ministers of Transport, Fisheries and Oceans, and Environment. I started while the Conservatives were in power and kept going when the Liberals took office. It took us seven years of hard work, but we finally won, thanks to the collaboration of local residents, the media, successive mayors and my team, which I am very proud of. We never gave up.

If the fines prove to be an effective deterrent, I hope the regulations will ensure that certain problems can be avoided. There was a lot of buck passing between Transport Canada and Fisheries and Oceans Canada. No one was sure who was responsible for this file. I hope the regulations will enable us to avoid taking action at the last minute and instead take action before disaster strikes. For instance, some work had to be done when the wreck started listing dangerously in 2016, leaning so heavily to one side that government officials thought it might fall all the way over. Four steel cables had to be installed. One even started to fray, causing sparks. There were fears that the ship could go up in flames in 2016.

It is important to ensure that all of the liquids have been pumped out and do not refill the hold. For example, halfway through the summer of 2016, it was discovered that thousands of litres of contaminated water had been left in the holds.

The last thing I want to mention, though not the least because the consequences are serious, is that we need to act according to the polluter pays principle. The Liberal government proclaims that it believes in this principle and hammers that point home when it talks about carbon pricing.

When it came time to choose companies to dismantle the ship, the government chose to give two contracts to the very company that abandoned the ship on the banks of Lake Saint-Louis, in Beauharnois. Groupe St-Pierre, the company that moored the ship, was granted two contracts worth a total of $20 million. What is wrong with this picture?

Would it be acceptable for the government to pay me to remove my own trash that I leave behind on my own property and in my neighbour's yard? I do not think so.

That is what the government did for Groupe St-Pierre. Jean-René Dufort did a fine job reporting on this on the show Infoman.

The irony of Bill C-64 is that the transport minister's program to dismantle abandoned ships will cost $1.5 million a year over five years. What a joke.

As I just said, the Kathryn Spirit alone cost Canadian taxpayers more than $24 million. The budget set out in Bill C-64 for all abandoned vessels in Canada was blown out of the water by a single ship. That is ridiculous. It is also completely irresponsible of the Liberal government when it knows that there are thousands of wrecks across Canada that must be removed and are waiting to be dismantled. This budget is a drop in the ocean.

It is too bad that the minister rejected almost all of the proposed amendments made by my former colleague Sheila Malcolmson in committee.

I can describe them after question period. I see that my time is up for now.

[Anne Minh-Thu Quach, NDP, Salaberry—Suroît, QC]

Mr. Speaker, let me state that the NDP will be supporting the Senate amendments, which call on the government to protect ocean graves of heritage value. There is really no opposition to this, unless it poses a threat to the environment or to navigation.

It is important for me to rise in the House to correct a few things about Bill C-64 because abandoned vessels are a nuisance all across the country. The problem has been around for many years and is costing Canadian taxpayers millions of dollars.

The NDP and civil society, especially British Columbia's coastal communities, have been pressuring the government for years now to introduce such a bill. I would like to thank my former colleagues Jean Crowder and Sheila Malcolmson, who was recently elected to her provincial legislature, for their tireless work. Since the last election in 2015, NDP members have delivered more than 80 speeches on Bill C-352.

Bill C-64 does not go far enough. It includes no measures to reduce the accumulation of abandoned ships, create a vessel registration system for accountability purposes, or implement a turn-in program for recycling vessels. All these measures were proposed in Bill C-352 by my former colleague Sheila Malcolmson.

Unfortunately, the Liberals were quick to prevent debate from happening. They called for a secret ballot to determine whether the House could debate that bill. I am not sure how many times that has happened, but it happened again this week. The Liberals get to decide when democracy suits them. In 2017—

The House resumed consideration of the motion in relation to the amendments made by the Senate to Bill C-64, An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations.

[Anne Minh-Thu Quach, NDP, Salaberry—Suroît, QC]

Mr. Speaker, I want to thank my colleague for her speech. I also want to thank her for talking about veterans and all those working and making the ultimate sacrifice at sea. The NDP will support the Senate's amendments with regard to the protection of ocean war graves in Bill C-64.

I would like to know what my colleague thinks about the fact that the Senate and the Liberals rejected 12 of the 13 amendments proposed by the NDP to improve Bill C-64. The amendments were put forward by my former colleague Sheila Malcolmson, who was denied the right to debate her own bill. She had the collaboration, support and consent of many coastal communities and chambers of commerce, especially in British Columbia. Her bill would have helped improve this bill, which has several flaws. For example, it would have dealt with the thousands of abandoned vessels still polluting our waterways and improved the vessel registration system, so that shipowners could be held liable for abandoned vessels. It would have shifted the financial burden off the shoulders of taxpayers by establishing a fee for vessel registration to cover the disposal cost of vessels.

I would like to give my colleague a sense of the situation. Seven years ago, the Kathryn Spirit was abandoned in my riding, Salaberry—Suroît, by a company that wanted to dismantle it. The company was unable to do that, so it cost Canadian taxpayers $24 million. Under this bill, that company would have had to pay a fine.

Unfortunately, since there is not enough money earmarked for this and the bill is lacking certain elements, we cannot be sure the federal government would have been able to take responsibility for the vessel.

Does my colleague think the federal government should improve its bill to ensure that the polluter pays principle applies to vessel recycling? That would save taxpayers having to pick up the tab for owners who abandon their vessels on our shorelines.

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Mr. Speaker, I am very thankful for the opportunity to speak to the government's response to the Senate amendments to Bill C-64, an act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations. I am very pleased that the government has agreed to accept these amendments and incorporate them into this bill.

The issue of ocean war graves is one that needs to be addressed. I will be discussing the amendments in more detail in a few minutes, but I would like to review how we have come to this place.

Being from Saskatchewan, I have to acknowledge that the issue of wrecked and abandoned vessels is not one I am overly familiar with. I meet with constituents all the time, respond to their letters and emails, and host town halls throughout my riding of Yorkton—Melville, and I can honestly say that not once has this issue ever been raised by one of my constituents. However, the issue of wrecked and abandoned vessels is an extremely important issue for many members of Parliament and their constituents who represent and live in coastal ridings, and it is important to all of Canada because of the lakes and rivers, as the member mentioned, across our country and the incredible privilege we all have of enjoying our coastlines.

The issue of wrecked and abandoned vessels is an important issue, and Bill C-64 was considered so important that it was expedited through second reading so that the House of Commons Standing Committee on Transport, Infrastructure and Communities could immediately study it.

As a country, we need to protect our coasts from the harmful impact of wrecked or abandoned vessels, both large and small, as well as protect Canadian taxpayers from the negative impact and cost of wrecked, abandoned and derelict vessels. That said, at this time, I would like to discuss the amendments the Senate made to Bill C-64, which are the substance of the motion we are debating today.

During its study, the members of the transport, infrastructure and communities committee heard from two witnesses who raised the issue of ocean war graves and Canada's lack of protection for them. Ocean war graves are the final resting place of Canadian sailors and merchant mariners who were lost at sea. It was extremely disturbing to me to learn that the final resting place of soldiers and mariners do not have the same protection as land-based military graves. In fact, at present, it is not illegal for divers to enter these sunken vessels and remove artifacts, including human remains. I believe that this is a legislative and regulatory gap that Parliament and the government definitely need to fill.

The two witnesses I referenced were Patrick White, the executive director of Project Naval Distinction, and retired merchant navy captain and Second World War veteran Paul Bender. These witnesses estimated that the remains of approximately 1,200 Canadian sailors and merchant mariners were lying at rest in nine wrecks in Canadian, international and foreign waters and that none of them had been afforded the necessary protection to discourage salvaging and desecration.

Captain Bender and Mr. White made some specific recommendations at committee. The website states the following:

Project Naval Distinction calls on the government and Parliament of Canada to:

1. issue a policy statement affirming the government of Canada’s intention to provide legal protection for Canada’s ocean war graves and make a formal request to the government of the United Kingdom to protect Canadian ocean war graves in UK waters;

2. use any available legislative and executive powers to provide immediate protection for Canada’s ocean war graves, as an intermediate measure until stand-alone legislation can be enacted; and

3. enact stand-alone legislation to provide legal protection for Canada’s ocean war graves, ensuring the punishment for desecration is in line with the punishment for desecration of land-based war graves.

I am really pleased to bring to the attention of Canadians, serving members of our armed forces and our veterans community that the member for Carlton Trail—Eagle Creek, who serves them as the official opposition's shadow minister for transport, sought amendments to Bill C-64 at the House of Commons transport committee to protect war graves, in line with the witnesses' recommendations.

After learning about the legislative gap on this issue, following a study of Bill C-64, the TRAN committee undertook a short study specifically on the issue of ocean war graves. During the study, Mr. White and Captain Bender were able to provide further testimony on the issue of ocean war graves and the lack of protection for them.

Additionally, during the study, the committee heard from officials from the Departments of National Defence and Transport as well as the Parks Canada Agency on how the Government of Canada might fill this gap. From the study, the committee produced a report called, “Canada's Ocean War Graves”, which contained a number of recommendations for the government. I would like to highlight two of them.

Recommendation one states:

That the Government of Canada draft new legislation similar to the United Kingdom’s Protection of Military Remains Act to protect Canada's ocean war graves.

Recommendation two states:

That the Government of Canada explore all options for using existing legislative and regulatory powers to provide immediate legal protection for ocean war graves, on an interim basis until the bill is passed.

These recommendations, and the report as a whole, were supported by all members of the committee, which clearly demonstrates the broad support this initiative has across party lines, although it has not been mentioned much to this point this morning. In its response to the committee's report, the ministers responsible for national defence, transport and Parks Canada indicated that the government would be open to supporting an amendment to Bill C-64, which would allow for interim protection to be created. However, by the time the government's response was received by the committee, the bill had already passed the House and was under consideration by the Senate.

I am very relieved and pleased that the hon. senators took up this issue. In particular, the Hon. Fabian Manning of Newfoundland and Labrador drafted an amendment to the bill, which was adopted at Senate committee and subsequently supported by the Senate as a whole. This has brought us to the point where we are today.

While I have highlighted the work done on this issue by our colleagues on the House of Commons transport committee, members of the Senate, the government and advocates like Captain Bender and Patrick White, I would be remiss if I did not note the broad support for action on the issue by our public, by Canadians.

An e-petition as well as regular paper petitions generated hundreds of signatures from Canadians across the country who called on the government to act. While these ultimate desire of the petitioners was that stand-alone legislation be enacted to protect Canada's ocean war graves, they also recognized that interim protection was better than no protection at all.

I want to thank the many citizens who volunteered their time to circulate petitions and collect signatures in order to further highlight this issue to the government.

As official opposition deputy shadow minister for veterans affairs, I have many concerns and issues with the Liberal government's treatment of veterans and their issues. This Prime Minister won the hearts and minds of veterans during the last election by placing his hand over his heart and swearing that he would never take veterans to court and that he would provide them with lifelong pensions comparable to the old veterans charter.

The then minister of justice, who is now the Minister of Veterans Affairs, did revive the Equitas court case and reinstated the lawyer who had been removed at the request of the veteran plaintiffs, by the previous Conservative minister of Veterans of Affairs, the member of Parliament for Durham. Today, our veterans know that, in their words, “they were duped”. On top of the betrayal of a public and written promise, the Prime Minister responded to a question by a veteran at his Edmonton town hall, saying that they were asking for more than the government could give.

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

Mr. Speaker, I am very pleased to see Bill C-64 back before the House. I would only have wished that the government saw a way to accept all the Senate amendments, only for the reason that we want to make sure that this bill comes into force as soon as possible.

Residents throughout Saanich—Gulf Islands have had town hall meetings. We had a community meeting just last week. Representatives from Transport Canada were there. They said that they have the budget. They are raring to go. We have derelict vessels that need cleaning up. We have a lot more money.

I would have also rather seen some improvements in this bill, but I want it brought into force as soon as possible. It should have been before Christmas, but we are where we are now. My only question is whether we can make sure that in the regulation phase we seek to ensure that every single vessel carries insurance. That is one way to make sure that we know which vessels are in our waters and if there is money to clean them up.

[Nick Whalen, Liberal, St. John's East, NL]

Mr. Speaker, I am very pleased to be in our new House of Commons today. I used to sit to the left of the Speaker, but since this chamber is a little bigger, I now get to sit to his right.

I am excited to see the wooden mace here today, because it brings things full circle with respect to the old and the new within this place.

I am pleased to speak on the subject of Bill C-64, an act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations, legislation that will help protect and preserve Canada's marine ecosystems and make our waterways safer.

A year ago, the proposed bill was carefully studied by the House of Commons Standing Committee on Transport, Infrastructure and Communities. The committee heard from over 20 witnesses from the marine industry, indigenous groups, civil society, as well as other orders of government. The government has the goal of working in partnership with these key stakeholders to support the implementation of measures contained within the act.

I am delighted with the committee's work and collaboration in adopting six amendments, including an amendment put forward by a member of the opposition. Several important amendments were made to protect and preserve the rights of owners of found wrecks, as well as the rights of salvors. For example, one of the elements of Bill C-64 would require that a public notice be posted for a minimum of 30 days to indicate that a wreck has been reported. The receiver of wreck would have to wait out the notification period before taking any action on a wreck. Should other efforts to identify or contact the owner fail, the public notice increases the chance of finding the rightful owner and ensures the owner has an opportunity to come forward and claim his or her wreck.

I am also grateful for the work undertaken by the transport and communications committee in the other place. Before us today is the amendment proposed in the other place, which is meant to ensure that heritage wreck regulation-making powers extend to the wrecks of Canadian and foreign military vessels and aircraft, non-commercial governmental vessels and mineral rights exploration vessels. This was an important addition, and one that will add to the core reason for the bill's existence, namely, to protect and preserve Canada's marine ecosystems and make our waterways safer.

The bill underwent meticulous study by way of debate in both chambers. I would like to thank the members of each for their diligence and thoroughness.

While the vast majority of vessel owners in Canada act responsibly and dispose of their vessels properly, some owners see abandonment as a low-cost, low-risk option for dilapidated vessels. This creates a serious problem for our waterways, posing safety, environmental, economic and social risks.

Proper remediation of these vessels can be complex and costly. Up to now, the financial burden has often fallen to Canadian taxpayers. With this legislation, the federal government will have more authority to prevent the hazards caused by abandoned and wrecked vessels, rather than the job of dealing with the risks that these vessels pose after an incident has already occurred.

Bill C-64 addresses the issue of abandoned, wrecked and hazardous vessels in a comprehensive way and seeks to fill the gaps in the existing federal legislative framework.

The federal government has had limited authority to address problem vessels for far too long. Until now, authorities were limited in addressing many of the harmful impacts of problem vessels, such as pollution discharge and obstruction to navigation. The legislation addresses the vessel itself and would increase the government's ability to take proactive action. In short, the legislation actually has some teeth. The federal government will be able to direct owners to fix problems with their dilapidated or hazardous vessels. If they do not, the federal government will do so, making owners liable for costs and expenses.

The bill would prohibit not only abandonment but also leaving the vessel adrift for more than 48 hours without working to secure it, or leaving vessels in very poor condition in the same area for more than 60 consecutive days without consent.

Bill C-64 would put in place an enforcement framework, establishing strong regulatory offences and penalties to punish non-compliance.

Enforcement of this new legislation will be shared between the Department of Transport, the Department of Fisheries and Oceans, and the Canadian Coast Guard. To support the effective implementation of the legislation, the Canadian Coast Guard is developing a national inventory and a risk-assessment methodology to allow us to understand the extent of the issue nationally and to help prioritize a response to problem vessels based on the risks they pose. This builds on the strengths and distinct roles, mandates and capacities already existing within each department.

Bill C-64 also consolidates existing provisions that deal with wrecks and salvage into a single act by incorporating the existing Canada Shipping Act, 2001, provisions that pertain to the International Convention on Salvage in 1989 as well as the functional role of the receiver of wreck. Owners of vessels that are 300 gross tons or larger would also now be required to have wreck insurance or other financial banking to cover the cost related to their removal if they become a hazardous wreck.

Bill C-64 is but one piece of a national strategy to address abandoned and wrecked vessels. Other measures of this strategy include two short-term funding programs to support communities in assessing and removing abandoned or wrecked vessels, the establishment of long-term owner finance funds to address problem vessels, the enhancement of owner identification, as well as initiatives to increase awareness of the new legislation and of vessel recycling and design.

By ensuring that vessel owners are held liable for locating, marking and, if necessary, removing any wreck that poses a hazard resulting from a marine casualty, Canada would meet its obligations under the Nairobi International Convention on the Removal of Wrecks, 2007, once it becomes a party to that convention. When a car reaches the end of its useful life, we do not accept owners leaving it by the side of the road for someone else to deal with, and so it should not be acceptable with vessels on water.

I will conclude by reiterating that the broader strategy aims to ensure that all causes and pathways of irresponsible vessel management are addressed. Our coasts and waterways are symbolic of Canadian life and culture, which is certainly no more true than in my province of Newfoundland. The measures contained within the proposed wrecked, abandoned or hazardous vessels act would help prevent and reduce the number of abandoned, dilapidated and wrecked vessels in Canadian waters for the benefit of future generations.

Our waterways should not and cannot be treated as junkyards for vessels that have reached their end of life or have been abandoned by irresponsible owners. Our coasts and waterways are the common heritage of all Canadians, and they are crucially important to our environment, communities, economy and our way of life. Therefore, I encourage all members to support Bill C-64, which will go a long way in protecting these resources.

With respect to my own riding of St. John's East, I do have a number of small craft harbours and a number former ports within the riding. Certainly, this issue of abandoned vessels has been a problem. I receive complaints almost every winter about people leaving their vessels unattended in the small craft harbour of Tappers Cove in Torbay.

As well, our government has been instrumental in helping the small craft harbour in Bauline remove a number of dilapidated and abandoned vessels that accumulated on its slipway. This is extremely dangerous to the infrastructure. It is dangerous to people who also use the slipways in the small craft harbour port facilities for their own recreational or commercial use.

Also, it is expensive to the small craft harbours, which are often staffed in my end of the world by volunteers. These are people who give their time to make their communities safer and more economically vibrant. They do not necessarily have the wherewithal or financial means to address the port's problems regarding wrecked or abandoned vessels themselves. However, we are very encouraged by what has already been done. The small craft harbour port authorities in my riding are very happy with our taking this additional step.

I would like to thank and congratulate one of my colleagues from Nova Scotia who is now the Minister of Rural Economic Development. She has really been a champion on this issue, pushing to make sure that the issue of abandoned vessels is addressed not only in her neck of the woods in rural Nova Scotia but throughout the waterways of our country, because it has become a real and substantial problem.

In addition to the two ports that I mentioned, there are also issues in Flatrock, Pouch Cove, Portugal Cove—St. Philip's, and when it was within the framework of the federal review and federal authority, the small craft harbour Quidi Vidi. However, this proposed legislation would even help in situations like the small craft harbour in Quidi Vidi. Even though it is not a federally designated port, the vessels that are moored, tied and used there would still be governed by the legislation. Therefore, there will be an opportunity for the non-federally funded small craft harbours to help us in making sure that those ports are not burdened by derelict and abandoned vessels.

Again, I would encourage all members of the House to support the twice-amended bill and to see it enacted so that our waterways can be safer in the 2019 shipping, fishing and recreational use seasons.

[Bardish Chagger, Liberal, for the Minister of Transport]

moved the second reading of, and concurrence in, amendments made by the Senate to Bill C-64, An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations.

Business of the House

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

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

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

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

Next Monday and Tuesday will be allotted days.

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