Environment Committee on Sept. 22nd, 2026

[Colin Henein]

As we understand the intent of the government's amendment, it is to create a moment whereby the seller has to really tell the buyer what the status of this vessel is, and the buyer really has to make a choice about signing off on their ability to do it. It's in the creation of that moment that the bill has its effect.

[David Bexte, Conservative, Bow River, AB]

I'm looking at this more from the perspective of the seller's dispensing of their liability. How do they trust that this transaction is done? It looks to me like there is no veracity in that at all. The attestation can literally be, “Yes, I believe it.” They attest to the judge that they believed at the time the buyer had the resources to do this. It doesn't matter what the truth of the matter was at the time. As long as the seller, in their own mind, is reconciled that they really want to sell this boat, that they really have to get rid of this boat, that this boat has to go away and be no longer part of their life.... It's, yes, I trust this guy because I want to trust him. He signed a napkin with pencil, so that's good enough.

Can you see how that is a possible circumstance that's going to happen on a dock or a coast somewhere in Canada?

[Colin Henein]

I'm hearing your concern.

Madam Chair, I'm trying to get to the question so that I can provide a response.

[David Bexte, Conservative, Bow River, AB]

Do you see the possibility that this gets treated, in practice, with a lack of the seriousness it deserves without some verification process, some trust process or some very definitive “this is clear and done” process? It's not prescriptive—I get it—and that's normally a good thing, but at some point, some prescription is required.

With automobile transfers, the bill of sale and the attestation that the buyer has insurance.... That's what the seller needs to attest that, yes, there's capacity, they can complete this transaction, they can cash the cheques and they're done. The seller then trusts that they're done. They're not going to be burdened with liability down the road, hidden defects and all, which asks another question.

Following up on MP Ellis Ross's question, how are hidden defects treated in law? How thorough do you have to be in your assessment? What is the test at the bench?

[Colin Henein]

It's difficult for me to answer that question because, inherently, it's about how the bill would be interpreted in the future. The text of the amendment provides these two steps that have to be taken by the seller to satisfy themselves. That's the text I have in front of me to explain to you today.

[David Bexte, Conservative, Bow River, AB]

Can you understand how, from my perspective, not having any experience with that part of Canadian life at all, I might approach this with some cynicism?

What does “satisfaction” mean? Yes, I'm satisfied. I really want to—

[Colin Henein]

I understand your question.

[David Bexte, Conservative, Bow River, AB]

Thank you. I'm trying to sell a boat here, so I'm satisfied.

[Some hon. members]

Oh, oh!

[David Bexte, Conservative, Bow River, AB]

I have a boat to sell. It's not a bridge. It's a boat, and I'd like to sell it to you.

[Will Greaves, Liberal, Victoria, BC]

Madam Chair, on a point of order, I'm just wondering if Mr. Bexte's question essentially is that sometimes people lie and people may not operate in good faith. If so, that's really not a question that the officials are able to address satisfactorily. If people lie, there are criminal and civil mechanisms to hold them accountable for that after the fact. That's not really pertinent to the substance of our discussion today, sir.

[The Chair, Liberal, Shannon Miedema]

Thank you, Mr. Greaves, for your point, but I don't believe that's technically a point of order.

[David Bexte, Conservative, Bow River, AB]

For clarity, if you'd like to discuss that, I'm more than happy to.

No, I'm not saying that people lie. I'm saying that people make mistakes and people are motivated by different things—

[Will Greaves, Liberal, Victoria, BC]

They lie too.

[David Bexte, Conservative, Bow River, AB]

Well, they do lie, but that's not what I'm saying. If we want to get into people and fraud and all the things that can come into this....

[The Chair, Liberal, Shannon Miedema]

Mr. Bexte, do you have further questions for the officials?

[David Bexte, Conservative, Bow River, AB]

I think I've expressed my views well.

Thank you very much, Madam Chair.

[The Chair, Liberal, Shannon Miedema]

Thank you very much.

We'll now move to Mr. Fanjoy.

[Bruce Fanjoy, Liberal, Carleton, ON]

Thank you.

I want to ask the officials what sort of documentation is required currently for the transfer of ownership of a vessel.

[Colin Henein]

I'm going to pass this question on to my colleague Sean Rogers, who is joining us online and is responsible for matters pertaining to the vessel registry and the pleasure craft licensing system.

[The Chair, Liberal, Shannon Miedema]

Go ahead, Mr. Rogers.

[Sean Rogers, Executive Director, Legislative, Regulatory and International Affairs, Department of Transport]

Thank you.

In the case of the pleasure craft licensing database, normally a bill of sale is required in order to first register a vessel upon its purchase when it's new or when the transfer of ownership is occurring. If there's a situation where the individual does not have a bill of sale, they can provide what's called a notarized statutory declaration. There is a sample form available on Transport Canada's website. That often happens during times of estate sales or at the death of an owner.

[Bruce Fanjoy, Liberal, Carleton, ON]

I presume the usual legal requirements of people acting in good faith would apply. No fraudulent declarations could be made in this paperwork. Otherwise, whoever was responsible for those fraudulent declarations would face legal consequences. Those wouldn't fall on the seller as long as the seller acted in good faith and checked the requirements of the law. Is that accurate?

[Sean Rogers]

Yes, that's accurate.

[Bruce Fanjoy, Liberal, Carleton, ON]

Thank you.