Evidence of meeting #11 for Transport, Infrastructure and Communities in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was spill.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Tim Meisner  Director General, Marine Policy, Department of Transport
Dave Dawson  Director, Airports and Air Navigation Services Policy, Department of Transport
April Nakatsu  Director General, Crown Corporation Governance, Department of Transport
Sylvain Lachance  Acting Director General, Marine Safety and Security, Department of Transport
François Marier  Manager, International Marine Policy and Liability, Department of Transport
Sean Payne  Manager, Environmental Response Systems, Department of Transport

9:20 a.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Thank you, Chair.

I'd like to pick up where my colleague left off, Mr. Meisner, if I could.

Do these amendments to the Marine Liability Act that you're addressing here today apply to diluted bitumen?

9:20 a.m.

Director General, Marine Policy, Department of Transport

Tim Meisner

No. [Inaudible—Editor] I'll refer to my....

9:20 a.m.

Liberal

David McGuinty Liberal Ottawa South, ON

I ask only because on page five of your brief it says it includes liquefied natural gas, or maybe it's the international HNS convention that applies to liquefied natural gas, propane, refined fuels, and other dangerous cargoes.

9:20 a.m.

Director General, Marine Policy, Department of Transport

Tim Meisner

I'm going to refer to my colleague. The question is very complicated between the current regime in place now for non-persistent oils and this one for persistent oils. I'll ask François Marier to answer your question.

9:20 a.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Does it apply to fossil fuels writ large, or does it apply to diluted bitumen?

February 11th, 2014 / 9:20 a.m.

François Marier Manager, International Marine Policy and Liability, Department of Transport

The convention applies to 6,500 substances, including oils. Those include persistent oil in so far as we're talking about loss of life and personal injury claims. It also applies to non-persistent oils, which are usually refined fuels, like jet fuel and gasoline.

If we're talking about things like condensate, then yes, that is a hydrocarbon that is a refined fuel of some sort.

9:20 a.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Let me just ask in plain English so we can understand this.

Presumably the government's plan is to have a pipeline going across western Canada. We're going to be shipping diluted bitumen and we're going to be shipping liquid natural gas to the west coast of British Columbia. We're going to put this on boats and we're going to ship this around the world. Is that right?

9:20 a.m.

Manager, International Marine Policy and Liability, Department of Transport

9:20 a.m.

Liberal

David McGuinty Liberal Ottawa South, ON

These measures here intend to try to tighten up overall the regime that addresses this new circuit. Correct?

9:20 a.m.

Manager, International Marine Policy and Liability, Department of Transport

9:20 a.m.

Liberal

David McGuinty Liberal Ottawa South, ON

If a ship spills oil off the coast of western Canada, what's the net effect of these changes now?

9:20 a.m.

Director General, Marine Policy, Department of Transport

Tim Meisner

I think we're getting into a bit of confusion between what this bill does in terms of the Marine Liability Act and what the world-class oil spill pollution regime we're working on is. If you're talking about oil, there's a separate regime already in place.

9:20 a.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Right. So this has no bearing on that regime at all.

9:20 a.m.

Director General, Marine Policy, Department of Transport

Tim Meisner

It has no bearing on that regime at all. This is basically focused, as François said, on hazardous and noxious substances, which for the most part are chemicals and liquid natural gas. If you're talking about the carrying of oil, there's a separate regime that addresses that.

9:20 a.m.

Liberal

David McGuinty Liberal Ottawa South, ON

You say in this brief that one of the unique features is the fact that we're going to have split responsibility now.

9:20 a.m.

Director General, Marine Policy, Department of Transport

Tim Meisner

That's right.

9:20 a.m.

Liberal

David McGuinty Liberal Ottawa South, ON

It's going to be split between cargo owners and shipowners. Is that correct?

9:20 a.m.

Director General, Marine Policy, Department of Transport

Tim Meisner

That's correct.

9:20 a.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Shipowners will have strict liability up to a maximum. Is that correct?

9:20 a.m.

Director General, Marine Policy, Department of Transport

Tim Meisner

That's correct.

9:20 a.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Is that $185 million?

9:20 a.m.

Director General, Marine Policy, Department of Transport

Tim Meisner

That's the maximum.

9:20 a.m.

Liberal

David McGuinty Liberal Ottawa South, ON

The cargo owners will draw on the HNS fund. Is that right?

9:20 a.m.

Director General, Marine Policy, Department of Transport

Tim Meisner

The cargo owners will be funding the HNS fund.

9:20 a.m.

Liberal

David McGuinty Liberal Ottawa South, ON

They fund it, up to a maximum of $400 million.