Wrecked, Abandoned or Hazardous Vessels Act

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

This bill was last introduced in 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 often publishes better independent summaries.

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.

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)

Canada Shipping Act, 2001Government Orders

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

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.

December 5th, 2017 / 4:40 p.m.
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Liberal

The Chair Liberal Judy Sgro

Great idea. Okay.

The clerk is asking, though, that we use the extra time to think about the witness list, since we're not going to be meeting next week or Thursday, and submit them to the clerk by January 15.

How many meetings are we going to have on Bill C-64? Can we not wait until we see what it looks like? Okay. Does anybody have any idea of the number of meetings? I don't know how big the bill is. I haven't seen it.

December 5th, 2017 / 4:40 p.m.
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Liberal

The Chair Liberal Judy Sgro

The bill has carried. Thank you all very much for that.

Now, one other piece of business that the clerk is insisting we talk about is Bill C-64. Since it was officially sent to us, according to the clerk, she would like us to be thinking about the witnesses for Bill C-64, which we will at some point have to deal with.

Mr. Chong.

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 in order to deal 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?

November 9th, 2017 / 1:25 p.m.
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Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Well, good for you, if that's the case, but again, I don't see how Bill C-64 fails as a national strategy, even though it doesn't explicitly say it. We may have a difference on that one.

There are two other very interesting points. Your initiative, your bill, calls for an analysis of the Nairobi convention, which I've read, whereas Bill C-64 calls for a wholehearted acceptance of it. I think that's a valid point. You talked about the Washington state measures and the contributions therein, but the government also contributes, as well as the private sector. Is that correct?

November 9th, 2017 / 1:25 p.m.
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NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

The words “national strategy” are not mentioned a single time within the bill. The words don't appear there, but they do appear in mine. The minister's briefing notes describe what the government is taking on as a national strategy, and this is mentioned within one of 15 items that the government is doing.

The government itself does not describe Bill C-64 as its national strategy. My bill calls on the government to adopt a national strategy. Arguably, I might say that the minister's been listening so well to me over the last year and a half that this might be one of his actions. He's just skipped over this part.

November 9th, 2017 / 1:25 p.m.
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Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

It would be less about procedure and more about the subject matter itself. Being east coastal by nature and by birthright, it is something that we're struggling with in a major way. The thrust of your bill is something I deeply respect, by the way.

One issue, though, is about national strategy. You're saying Bill C-64 doesn't explicitly state it's a national strategy, correct? Do you feel that's not built into it? In other words, what makes Bill C-64 not comply with being a national strategy?

November 9th, 2017 / 1:15 p.m.
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NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Thank you, Peter.

There were two bills, Bill C-352 and its predecessor, which I tabled as Bill C-219 in February 2016, just a month after we had been sworn in. Then I reintroduced a new version of it in April 2017: Bill C-352. It's very skinny. The government's bill, tabled 10 days ago, Bill C-64, is much more hefty. That's my first point of comparison.

I will show you how these two bills are not redundant and how they are not contradictory. I urge you to deem my private member's bill votable.

There are a number of points of comparison.

With regard to national strategy, Bill C-64 is not a national strategy. The word does not appear once in the legislation. The government's briefing notes make that clear as well. It's not a national strategy; my bill is all about developing a national strategy.

The next comparison is with regard to royal recommendation. Bill C-64 requires the appropriation of public revenue and, as such, has received a royal recommendation. My bill does not.

With regard to penalties, in Bill C-64 there's a compliance and enforcement regime that is extensive. It creates a whole new set of violations and penalties for abandonment of vessels. My bill does none of these things. Arguably, my bill would make it easier to actually enforce those penalties in Bill C-64.

Another related point of comparison is enforcement tools. In Bill C-64, there is a whole suite of tools for enforcement provided to the Minister of Transport, a number of fines. My bill does none of these things.

With regard to enforcement officers and the justice system, they're also very different. Bill C-64 creates powers for enforcement officers, for the Transportation Appeal Tribunal, for the justice of the peace, for the Attorney General. Bill C-352 does none of these.

With regard to receiver of wreck, my bill designates the Canadian Coast Guard as the receiver of wreck. This was the same in Jean Crowder's bill in the previous Parliament, which a number of members of the government supported at that time. In the government's bill, that's not the approach. Bill C-64 keeps it as a multi-jurisdictional approach and keeps the receiver of wreck within the umbrella of the Minister of Transport, so again they are different approaches, not duplicative.

With regard to consultation, in my bill the Minister of Transport would consult with stakeholders and coastal people to discuss the development of a strategy. That's not envisioned in Bill C-64.

With regard to international conventions, Bill C-64, the government's bill, would implement the Nairobi International Convention on the Removal of Wrecks. My bill requires the government to assess the benefits of acceding to that convention. Again, they're compatible, not duplicative or in conflict.

A vessel turn-in program is something that coastal communities have been requesting for more than a decade. On the model of the cash-for-clunkers program, this would be a way to deal with the backlog of abandoned vessels. Bill C-352 has that as one of its key elements. This bill has been endorsed by the Union of BC Municipalities and, across the country, by at least 50 different coastal organizations and harbour authorities. That is not a part of Bill C-64. Again, they're completely different. Bill C-64 does not legislate that.

In order to deal with the backlog of abandoned vessels, my bill has a number of measures that would legislate to address the backlog of what Transport Canada says might be thousands of abandoned vessels. Bill C-64 does not have measures to deal with the backlog, so again they're not in conflict, not contradictory, but arguably compatible.

A fund for vessel disposal modelled on what Washington state implemented 15 years ago is not addressed in Bill C-64, and the transport minister's briefing notes make that very clear. A fee associated with vessel registration going into a pool to deal with emergency removals is not something that is in Bill C-64. It is in my bill.

Amendments to other acts are another point of difference. Bill C-64 amends other acts, including the Navigation Protection Act, the Oceans Act, the Canada National Marine Conservation Areas Act, the Crown Liability and Proceedings Act, the Customs Act, and the Transportation Appeal Tribunal of Canada Act. My bill does none of these things.

Turning to review mechanisms in Bill C-64, there's a review proposed on the fifth anniversary of the day the bill comes into force. That would be to the committee of the Senate, the House of Commons, and/or of both Houses of Parliament. My bill only requires the transport minister to prepare and table a report to Parliament.

There are many more points of comparison. I haven't run through them all. I just hope that is sufficient to convince you that these two bills are distinctly different. They're not contradictory; they're arguably compatible. They have the same big-picture aim, but the House can absolutely hear both of them, and I sincerely believe the minister's bill would do better with mine in place.

I urge you to reject and overturn the subcommittee's ruling and I urge you to rule that my abandoned vessel private member's bill C-352 be deemed votable.

I'll turn it back to my colleague, Peter Julian.

November 9th, 2017 / 1:10 p.m.
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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Thank you very much, Mr. Chair.

I also want to thank you, Ms. Malcolmson. We are very happy to have an opportunity to speak with you today about why Bill C-352 should be votable in the House of Commons.

Since your committee is in charge of all the prerogatives of Parliament, the decision you have to make is important.

There are three main arguments I would like to put forward at the beginning.

First off, as you will see, Bill C-352 is in fact quite a different piece of legislation from the government bill, Bill C-64, and therefore should not be considered the same question as Bill C-64, which is currently on the Order Paper.

Second, the subcommittee was incorrect in applying the criteria to Bill C-352 because it was similar to Bill C-64 at the same meeting where it applied different criteria, it seemed, to Bill C-364, which was declared votable, despite being on the same subject and amending the same Canada Elections Act as Bill C-50 and Bill C-33. There's an inconsistency there.

Third, allowing the subcommittee decision to stand is allowing the government to violate the separation of private members' business and to let it do through the back door what the rules were designed to forbid through the front door: to deny individual members their right to vote on their preferred item of private members' business.

As we all know, government bills are subject to party discipline. Private members' bills have been the exception to this, and in our bible, which is O'Brien and Bosc, House of Commons Procedure and Practice, it is clear that these rules were developed over decades, leading to a system based on the following fundamental characteristics: each member should have “at least one opportunity per Parliament to have an item of Private Members' Business debated” and voted upon, and “each item in the Order of Precedence would be votable, unless the sponsor opted to make it non-votable.”

The basic premise for PMBs is that government business is fundamentally different from private members' business. This premise was put in place to protect individual initiatives from members against the power of majority governments, including the power to try to knock off a bill.

Now, to emphasize the differences, the House has many rules built in to reflect the separation of government and private members' business. Amendments to private members' motions can only be moved with the consent of the sponsor. PMB recorded divisions, as we know, are done row by row in the chamber, and not by party. The lottery is designed to exclude ministers and parliamentary secretaries from PMBs, and if the committee makes a decision and it is appealed, the appeal is done by secret ballot on the floor of the House of Commons. The only other time this arises is when we elect a Speaker at the beginning of Parliament.

I would like to pass the microphone back now to Ms. Malcolmson, who will explain why Bill C-352 is so different from Bill C-64.

November 7th, 2017 / 12:50 p.m.
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Liberal

The Chair Liberal Larry Bagnell

Yes.

The second item is really quick. Maybe we'll just make this a standard procedure.

There's a group from Ghana coming November 28 to 30. With other parliaments, we've set up an informal meeting outside PROC time when any member who wants to come can do so. Unless I hear otherwise, or there's nothing controversial, maybe we'll just do that when we get requests, if that's okay with the committee members. I'll just inform you that it's coming, and if someone has an issue, we can bring that up at committee.

Ms. Malcolmson, I wasn't at the subcommittee, but there are people here who were. On your private member's bill, administration said it should be non-votable because it was similar to a government bill, Bill C-64. She has the right within five days to appear before the committee or send written reasons stating why she disagrees. Five days would elapse the Monday after we get back, so we'd have the Monday after we get back. Basically we need to schedule time either this week or on the Monday we get back when she could present to committee, and committee could make a decision.

Go ahead, Mr. Graham.