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.

[Sara Anghel]

Absolutely. Thank you, Madam Chair and members of the committee.

On behalf of the entire recreational boating industry and community, thank you for the opportunity to be here before you today on Bill C-64.

The National Marine Manufacturers Association, known as NMMA, is the leading association representing the recreational boating industry at the national level across Canada and the United States. Our member companies produce more than 80% of the boats, engines, trailers, accessories, and gear used by North American boaters.

NMMA, through regional efforts, also represents marina operators, dealers, and finance and insurance companies. In Canada, the recreational boating industry generates $10 billion in revenues, contributes $5.6 billion to the national GDP, and employs more than 75,000 people across the country. More than 4,000 businesses serve approximately 12.4 million adult Canadians who enjoy boating each year on our waters.

We place great importance on ensuring marine safety, preserving marine ecosystems, and promoting improvements to environmental stewardship. Therefore, NMMA is largely supportive of the proposed legislation and of the oceans protection plan.

As an indication of our commitments to these causes over the last 20 years, marine manufacturers across North America have invested billions of dollars to develop cleaner, quieter, more efficient engines that reduce emissions by 75% to 90% and increase fuel efficiency by more than 40%. In 2010, NMMA stepped up in a big way and worked on a voluntary basis with Environment Canada to develop new regulations requiring that engines sold in Canada meet U.S. EPA standards.

Each year, we publish statistics on the total number of boats sold, and for the committee's interest, in 2017 there were 39,000 new boats and 61,000 pre-owned boats sold across Canada. We estimate there are approximately 8.6 million recreational boats in use today, with over 50% of those being human powered with no engines.

NMMA is committed to a strong and enforceable licensing program and welcomes the opportunity to see an expanded and enhanced registration process. Having accurate data will help address the abandoned vessels issue and safety, while also providing valuable data for the boating industry.

Should Transport Canada enlist provincial assistance to deliver a new licensing program, we recommend that every effort be made to ensure a seamless delivery framework that includes consistent pricing regardless of province or territory. As a side note, I believe there are representatives from the insurance industry who may have good insight into this topic, and I would be pleased to facilitate an opportunity to enlist their expertise.

While NMMA is supportive overall of the provisions of the bill, we do have one fundamental concern. We appreciate that the legislation was written to encompass all vessels, and we appreciate that many of the boats needing cleanup are recreational. I do stress the importance of ensuring that, as regulations are developed, commercial vessels are treated differently from recreational boats. Disposing of a commercial vessel is a more complicated and expensive task than it is for a recreational boat.

Our industry wants to ensure the burden of cost is not disproportionately placed on recreational boats. Should any levies or taxes be imposed on recreational boats through licensing, these funds should be used to support disposal of recreational boats specifically.

Our association will continue helping identify solutions on this topic. We have applied for funding under Transport Canada's abandoned boats program, and our goal would be to reach across the nation to identify the size of the problem and then consider recycling options. Part of this solution may exist outside of Canada.

NMMA has taken a leadership role on the international stage on this and many other boating issues, much of this facilitated through the International Council of Marine Industry Associations, on whose executive committee I serve as Canada's representative. This global organization brings together recreational marine industry associations under one international umbrella, engaging proactively on the topic of end-of-life of boats and how best to expand recycling options by sharing best practices.

There are some sound recycling solutions in places like France, Sweden, the Netherlands, and Japan, just to name a few. I'd be pleased to share these learnings with Transport Canada and the committee, so that we don't work in a silo in Canada on this global topic.

We applaud the government for introducing Bill C-64, and we will continue to provide assistance and support as the bill moves forward.

Thank you for the time today and for the invitation to be here.

[The Chair (Hon. Judy A. Sgro (Humber River—Black Creek, Lib.)), Liberal, Judy Sgro]

I call to order this meeting of the Standing Committee on Transport, Infrastructure and Communities, meeting number 89, pursuant to the order of reference of Tuesday, December 5, 2017, Bill C-64, an act respecting wrecks, abandoned, dilapidated, or hazardous vessels and salvage operations.

We have a variety of witnesses on our panels today. I'd like to ask you if you would take a moment to introduce yourselves.

I'll start with Mr. White.

[Marc Garneau, Liberal, Notre-Dame-de-Grâce—Westmount, QC]

I recognize that the United States has not ratified the Nairobi convention. From our point of view, if a vessel becomes derelict or abandoned or a wreck in our Canadian waters, Bill C-64 will apply regardless of the country the vessel comes from. We will have to make other countries aware that these rules will apply even though they may just be transiting.

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Thank you very much, Madam Chair.

I want to welcome the minister as well as all who are here supporting him as we begin to study Bill C-64.

Before I begin, I recognize that Ms. Jordan and Ms. Malcolmson have a vested interest in this study, but would it be appropriate to invite our colleagues who normally sit on this committee to also to join us at the table? There's probably no reason that they can't be here if they want to be. I would welcome them to the table if they choose.

[Marc Garneau, Liberal, Minister of Transport]

Thank you very much, Madam Chair. It's always a pleasure to be in front of this committee, which works very efficiently. I know I've kept it busy over the past two years passing quite a bit of transport-related legislation, so I thank it for its very efficient operations.

I'm pleased to speak about Bill C-64, the wrecked, abandoned or hazardous vessels act, legislation that will help us protect and preserve the health of Canada's marine ecosystems and the safety of the waterways on which our economy depends.

This is the result of a joint effort. The Honourable Dominic LeBlanc and I are supported by officials from Transport Canada and Fisheries, Oceans, and the Canadian Coast Guard. I'm glad that many of the officials are with me today.

Abandoned and wrecked vessels left in our waterways are a serious problem. They can pose safety, environmental, economic, and social risks, and they certainly are a long-standing and growing source of frustration for many shoreline communities.

Proper remediation of these problem vessels can be complex and costly, and up to now the financial burden has often fallen on Canadian taxpayers. It is estimated there are hundreds of these vessels in Canadian waters, ranging from small pleasure craft to large commercial vessels. Some are very problematic; others are less so. We must take action with a risk-based approach, or the challenge will only increase.

The vast majority of vessel owners act responsibly and dispose of their vessels properly; however, some owners see abandonment as a low-cost, low-risk option. This legislation will change that.

The legislation before you addresses the issue in a holistic way and fills the gaps in the existing federal legislative framework.

Up to now, the federal government has only had the authority to address some of the negative effects of abandoned or wrecked vessels, but not the vessel itself. The government has generally also lacked the ability to take proactive action in those situations to avoid placing a burden on taxpayers.

There are other gaps, as well. There is nothing in law today that generally prohibits an owner from abandoning their vessel. There are no requirements for vessel owners to carry wreck removal insurance, and insufficient authorities to order vessel owners to address their hazardous vessels or wrecks.

When a car reaches the end of its useful life, we don't accept owners leaving it by the side of the road for someone else to deal with. This should not be acceptable with vessels either. Our waterways should not, and cannot, be treated as disposal sites for junk vessels.

This is why we have introduced Bill C-64. Let me explain how it will work.

The proposed legislation would make vessel owners clearly liable for any costs incurred in the course of removing or remediating a wreck. This is critical to ensuring that accountability lies with the owner and not the general public. In 2007, the Nairobi International Convention on the Removal of Wrecks established such a regime, and this bill gives the Nairobi convention force of law in Canada. On September 21, 2017, the Minister of Foreign Affairs tabled the convention in the House of Commons.

The convention sets international rules on the rights and obligations of vessel owners, coastal states, and flag states with respect to wrecks. It also provides state parties with a global regime governing liability, compulsory insurance, and direct action against insurers. By acceding to and implementing this convention, Canada would ensure that vessel owners would be held liable for locating, marking, and, if necessary, removing any wreck resulting from a maritime accident and that would pose a hazard.

Furthermore, the proposed legislation would also extend these requirements to all Canadian waters. Owners of vessels that are of 300 gross tonnage or more would be required to have insurance or other financial security to cover the costs related to their removal if they become wrecked.

This legislation will also address irresponsible vessel management in a number of ways. It will prohibit abandonment, allowing vessels to become wrecks, leaving a 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 days without consent. These are the kinds of vessels most at risk of becoming abandoned or wrecked.

Another important aspect of the bill is that it enables the federal government to address problem vessels before they become even greater problems with higher costs, including by providing the ability to direct owners to take actions. When owners don't act, the federal government would be authorized to take any measures deemed necessary to address all types of hazards posed by abandoned, dilapidated or wrecked vessels, and the owner would be liable for costs. This part would be led by the Canadian Coast Guard.

The proposed legislation also consolidates existing provisions that deal with wrecks and salvage in one place by incorporating existing Canada Shipping Act, 2001 provisions that pertain to the International Convention on Salvage, 1989, as well as the receiver of wreck. Several important amendments have been made to the long-established and critical function of the receiver of wreck to continue to protect and preserve the rights of owners of found wrecks, as well as the rights of salvors.

This bill has teeth. It would establish an enforcement regime that authorizes the issuing of administrative monetary penalties, establishes regulatory offences and sets out a penalty regime that is intended to deter non-compliance. The penalties are higher than in other marine legislation, to provide a deterrent that reflects the high costs of addressing these vessels. Enforcement of this new legislation will be shared between my department, the Department of Fisheries and Oceans and the Canadian Coast Guard. This sharing of responsibilities takes advantage of the distinct roles, mandates and capacities of both departments.

I want to stress that this proposed legislation is one element of a comprehensive national strategy to address abandoned and wrecked vessels that this government announced as part of the larger oceans protection plan in November 2016. The strategy includes a suite of measures to both prevent these problem vessels in the future and address those that litter our waterways now.

We are developing a national inventory of abandoned, dilapidated, and wrecked vessels, along with a risk assessment methodology to rank these vessels according to the risks that they pose. This will allow for decision-making based on evidence.

In 2017, the government launched two funding programs to support the cleanup and removal of smaller high-priority legacy abandoned vessels and wrecks. These programs will help get these boats out of the water, provide funding for educating vessel owners about their responsibilities and disposal options, and support research that will help improve boat recycling and design.

To address the costs of abandoned and wrecked vessels, large and small, in a sustainable way over the longer term, we're also looking at options to establish owner-financed remediation funds.

Our comprehensive strategy also includes improving vessel owner identification. We are currently working on improvements to large vessel registration, and working with provinces and territories to improve pleasure craft licensing.

We will continue to collaborate with provinces, territorial and municipal governments, indigenous groups, local and coastal communities, and stakeholders to implement the national strategy and the proposed legislation effectively.

Our coasts and waterways are the common heritage of all Canadians. They are crucially important to our environment, our communities, our economy, and our way of life.

To conclude, I would remind committee members of the unanimous adoption by the House of private member's motion M-40, which was tabled by my colleague the honourable member for South Shore—St. Margarets in the fall of 2016. It called for a comprehensive approach to dealing with the problem of abandoned and wrecked vessels. With this bill and the oceans protection plan's comprehensive national strategy, we are delivering on these commitments.

Thank you, Madam Chair.

[The Chair (Hon. Judy A. Sgro (Humber River—Black Creek, Lib.)), Liberal, Judy Sgro]

I call to order the meeting of the Standing Committee on Transport, Infrastructure and Communities. Pursuant to the order of reference of Tuesday, December 5, 2017, we are studying Bill C-64, an act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations.

I welcome to the committee Minister Garneau. Thank you very much for coming to this session with your officials.

I'll turn the floor over to you.

The Environment

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Fisheries and Oceans

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Why would the transport representative not support hearing my bill?

Canada Shipping Act, 2001

[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.

[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.

[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—

[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.