Evidence of meeting #81 for Environment and Sustainable Development in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was parks.
A recording is available from Parliament.
Conservative
Michelle Rempel Conservative Calgary Centre-North, AB
Thank you.
Just to close very quickly, I want to clarify, because I think there was some confusion in debate in the House around whether or not exploratory drilling would be permitted on the island through this bill. Can you describe the change this bill brings as far as actually restricting drilling access on Sable Island, and perhaps address any concerns that may have been raised in the House around that particular issue?
Chief Executive Officer, Parks Canada
Yes. The one thing this bill does, and the agreement and the changes to the other acts...basically, under the proposed legislative changes, there will be no drilling on Sable Island and one nautical mile outside of the boundaries of the park. For us at Parks Canada that is a significant conservation gain. Again, we've worked with private interests who have given up all of their licences for drilling there.
Conservative
The Chair Conservative Harold Albrecht
Thank you, Ms. Rempel.
Thank you, Mr. Latourelle and Mr. McNamee.
We'll move now to Ms. Leslie for seven minutes.
NDP
Megan Leslie NDP Halifax, NS
Thank you, Mr. Chair.
Thank you very much for being here today to answer our questions. A number of the questions I had lined up were actually asked by Ms. Rempel, so it's good that we're on the same page with what some of our concerns are.
First of all, just quickly about consultation with the Mi'kmaq, I read the testimony at the Senate committee, and Chief Julian said yes, there had been good consultation along the way, but they weren't consulted on the drafting of the legislation itself. So I was really pleased to see that you've reconfirmed that consultation is an ongoing process that you'll continue to do with Mi'kmaq people in Nova Scotia. I just appreciate that you put that on the record.
I'm very interested in the English version of the notes from your presentation around pages 7, 8, and 9, where you address what we raised in the House—concerns with low-impact exploration on surface. I'm just one gal, right, I'm not a department, so I've not been able to come up with what is a solution here. Is it an amendment? If it is an amendment, what would it look at? I understand very clearly that there is mirror legislation in the province of Nova Scotia, that an amendment at the federal level could be very problematic. It may have to go through the House again in the province.
But I am really intrigued by some of the solutions you have presented, this idea of maybe a protocol, or maybe a directive. Can you, even if you want to take the whole rest of the time I have, talk about what some of that would look like, how it will be done, and what we could do? I think that's a really interesting proposal.
Director, Parks Establishment, Parks Canada
We've had some discussions with the Offshore Petroleum Board about how to address this kind of issue. Under the accord act, the board has to negotiate a memorandum of understanding with any agency that has regulatory authority within the offshore. With Bill S-15, and with the establishment of the park, we would obviously be regulating a national park.
A memorandum of understanding is definitely something that we have discussed and we want to put in place. That could provide one place in which to do it, and it could be done earlier. As Mr. Latourelle indicated, that is something we've indicated we would consult on in order to get views on the issue.
There are other things under the accord act that, as a matter of practice, can be done. We have not reached any decisions with the board as to which is the best way to do it. Under the accord act, ministers can issue a directive to the board on a range of issues. The board can amend its environmental policy and practice guidelines to build that into place, which is something they place on their website.
There are these various instruments that we want to fully explore with the board to figure out how we can bring a protocol into place, so that people understand what the parameters are if and when a request is made to authorize such activity.
Director, Parks Establishment, Parks Canada
I cannot speak to the details of a directive at this point. We're aware that under the accord act that is something that can be done.
Megan Leslie NDP Halifax, NS
Is that something we can discuss with the CNSOPB, if we have them here?
NDP
Megan Leslie NDP Halifax, NS
With this kind of directive, the Minister of the Environment could set out what is considered to be low-impact surface exploration, what is considered to be seismic, or what seismic looks like. I'm pretty sure I heard you answer the question from Ms. Rempel about the fact that seismic is not drilling, that there is a total ban on drilling, including seismic.
A directive could actually flesh out what is or is not included. Could it also mandate a consultation with the public about a proposal for surface exploration, or is that not possible?
Director, Parks Establishment, Parks Canada
What we have brought to the table is the idea of consulting on the protocol, what the scope is, and what we're talking about. Then, when it comes to an actual proposal, it is the Offshore Petroleum Board that would deal with a review and consider whether or not to authorize it. It would be under the terms of the accord act, and also under the board's various policies and programs, which they would use to assess a request to access Sable Island for seismic, which I believe would include consultation. You have it at two different levels.
NDP
Megan Leslie NDP Halifax, NS
I want to be clear, because you said here that this is a commitment to engage in these steps.
NDP
Megan Leslie NDP Halifax, NS
Can you briefly talk about the one nautical mile agreement? There's a memorandum of understanding that then turns into legislation. What about the negotiations with industry there? Why was it one nautical mile? Could it not have been more?
Director, Parks Establishment, Parks Canada
That was the agreement between the Government of Nova Scotia and the Government of Canada to go with a one nautical mile buffer around the zone, around the national park reserve, to which the ban on drilling and exploration would apply.
I would point out that this is pretty much a first in terms of our national park system. We have never been able before to negotiate a legislated buffer around a national park or a national park reserve. This is an accomplishment, in terms of what we've achieved here.
NDP
Conservative
The Chair Conservative Harold Albrecht
Your time is up, Ms. Leslie. Thank you.
I'm going to move now to Mr. Woodworth, for seven minutes.
Conservative
Stephen Woodworth Conservative Kitchener Centre, ON
Thank you very much, Mr. Chair.
My thanks to the witnesses, as always, for being here and delivering such complete comments.
I want to just try to clarify a few of the things that have been said so that those who may not be familiar with the entirety of the issue and the history will understand.
The first thing I want to know is, in the absence of this bill, and as things presently stand, other than the usual assessment processes, are there any legal restrictions even on something like drilling on this island?
Chief Executive Officer, Parks Canada
Currently, before this legislation is considered, there can still be drilling on the island.
Conservative
Stephen Woodworth Conservative Kitchener Centre, ON
So one advance, if I may speak on behalf of the wildlife and species on this island, is that they will now, for the first time, be completely protected from drilling on the island. Is that correct?
Conservative
Stephen Woodworth Conservative Kitchener Centre, ON
Also, at the present time, before the enactment of this act, are there any legal limitations on what kind of seismic activity can be conducted on the island? I understand there have been some voluntary limits, but are there any legal limits on what kind of seismic activity can be conducted on the island?
Director, Parks Establishment, Parks Canada
The island is currently designated a migratory bird sanctuary under the Migratory Birds Convention Act. At certain times of the year, for certain species in certain places, the act provides legal protection, in the sense that one cannot disturb or alter habitat for migratory birds. But again, that is transitory. It depends on the time of the year and the presence of birds.
Conservative
Stephen Woodworth Conservative Kitchener Centre, ON
Under this new act, then, do I understand that the activity of seismic testing will at all times in all locations, for the very first time, be limited to only low-impact seismic testing?