Evidence of meeting #119 for Transport, Infrastructure and Communities in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was shipping.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Natasha Rascanin  Assistant Deputy Minister, Transformation, Department of Transport
Marc-Yves Bertin  Director General, Marine Policy, Department of Transport
Julie Gascon  Director General, Operations, Canadian Coast Guard, Department of Fisheries and Oceans
Marc Sanderson  Acting Director General, National Strategies, Canadian Coast Guard, Department of Fisheries and Oceans
Matt Jeneroux  Edmonton Riverbend, CPC
Rear-Admiral  Retired) Peter Ellis (Executive Director, Clear Seas Centre for Responsible Marine Shipping
Sonia Simard  Director, Legislative and Environmental Affairs, Shipping Federation of Canada
Robert Lewis-Manning  President, Chamber of Shipping

8:45 a.m.

Liberal

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, 42nd Parliament.

Pursuant to Standing Order 108(2), we are doing a study of the subject matter of clauses 688 to 747, also referred to as divisions 22 and 23, of Bill C-86.

As witnesses, in the first part of our meeting, we have, from the Department of Transport, Natasha Rascanin, Assistant Deputy Minister, Transformation; and Marc-Yves Bertin, Director General, Marine Policy.

From the Department of Fisheries and Oceans, we have Julie Gascon, Director General, Operations, Canadian Coast Guard; and Marc Sanderson, Acting Director General, National Strategies, Canadian Coast Guard.

Welcome to all of you.

I would ask that you keep your comments to five minutes or under in order to give the committee sufficient time for their questions.

Whoever would like to start can go ahead.

8:45 a.m.

Natasha Rascanin Assistant Deputy Minister, Transformation, Department of Transport

I will start.

Good morning, everyone. I do have a deck and I will keep it to five minutes. I think in the interest of time, I will jump in exactly to the proposed legislative changes rather than doing a long introduction.

8:45 a.m.

Liberal

The Chair Liberal Judy Sgro

That's a great idea.

8:45 a.m.

Assistant Deputy Minister, Transformation, Department of Transport

Natasha Rascanin

I will set the context a little bit.

The government has been engaging broadly over a number of years to set up and launch the oceans protection plan, and this engagement is ongoing as it moves through implementation of the oceans protection plan. This suite of legislative amendments that we are discussing today is one of the commitments and important measures in that regard within the oceans protection plan.

The proposed amendments aim to strengthen safeguards to protect marine environments from the impacts of shipping and navigation activities. They enhance marine safety, with an emphasis on improving response and liability and compensation, and they strengthen deterrence and enforcement. They further support research and innovation for marine safety and environmental protection.

We are improving. These pieces of legislation haven't been modernized in a number of years—I think 25 years, at least in one case. We're proposing to strengthen the ability to put in place the appropriate safeguards to protect marine environments by strengthening regulatory authorities to protect marine environments and to carefully consider in that regard developing regulations that may be necessary to regulate, for example, navigation or operational measures in order to support efforts to protect sensitive ecosystems, including endangered whale populations.

Certain regulatory requirements could have variation orders to be more dynamic and nimble, for example, variation orders to address or respond to evolving environmental situations in particular geographic areas, such as unforeseen changes in whale population movements.

Interim orders would also be enabled to address urgent risks to the marine environment and marine safety where timing is critical. These interim orders would allow immediate action when required and when regulations do not currently exist. This would allow for the rapid addressing of risk to marine environments, and it would only be used on an exceptional basis. There are a number of transparency provisions included, such as tabling within Parliament and publishing in the Canada Gazette.

Other measures that are in the proposed legislative amendments have to do with enhancing marine safety and response. In Canadian waters, the number and volume of ship-source oil spills have actually been declining consistently since the 1990s, but traffic is growing. Measures are being proposed to have a single, clear federal voice for the Coast Guard to act very rapidly, earlier and more effectively should the need arise.

We're also committed to strengthening the polluter pay principle and modernizing the ship-source oil pollution fund. Amendments now to the Marine Liability Act include full compensation in the instance of an incident so that there would no longer be a per incident limit to the liability for claims, and backstops on how that would be addressed should a polluter not be available, willing or able to pay and how that could be.... The government would temporarily make a loan to the fund for this measure and would establish a modern levy mechanism to replenish the fund without relying on taxpayer dollars.

There are other measures in there, but this is to give you a very quick overview.

Going back to deterrence—

8:50 a.m.

Liberal

The Chair Liberal Judy Sgro

Sorry, but your five minutes is up.

We all have the deck in front of us, as well.

We'll go to you, Ms. Gascon, please, for five minutes, or whoever wants to do the presentation on your side.

8:50 a.m.

Assistant Deputy Minister, Transformation, Department of Transport

Natasha Rascanin

There's only one presentation.

8:50 a.m.

Liberal

The Chair Liberal Judy Sgro

That's wonderful. That's terrific.

We're going to Ms. Block for questions.

8:50 a.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Thank you very much, Madam Chair.

I welcome our witnesses here this morning. I'm looking forward to hearing from all our witnesses in this three-hour study of this section of the bill.

Are the changes to the Canada Shipping Act and the Marine Liability Act part of the government's commitments under the oceans protection plan? You probably already answered that when you said this is part of a very long consultation period.

The official consultation period for the OPP potential legislative changes concluded on Friday, October 26. Is that correct?

8:50 a.m.

Assistant Deputy Minister, Transformation, Department of Transport

Natasha Rascanin

That was in relation to the discussion paper that was posted online and input was asked for by then, but certainly it doesn't mean that we closed consultation. We're taking input and we're taking consideration.

8:50 a.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Sure. I'll interrupt you there.

The discussion paper was circulated. That consultation in particular began in August with the discussion paper. Was it in relation specifically to the changes we are hearing about today?

8:50 a.m.

Assistant Deputy Minister, Transformation, Department of Transport

8:50 a.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

When did the Department of Finance need Transport Canada's input to include anything out of that consultation in BIA 2, given that it was tabled on Monday, October 29 and this consultation period ended on Friday, October 26?

8:50 a.m.

Assistant Deputy Minister, Transformation, Department of Transport

Natasha Rascanin

I don't know the exact date, but there's a very tight time frame prior to tabling in which final amendments can still be introduced.

8:50 a.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Are you suggesting that the results of the discussion paper, that consultation, made its way into this bill that we're studying by Monday when it closed on Friday?

8:50 a.m.

Assistant Deputy Minister, Transformation, Department of Transport

Natasha Rascanin

Those considerations were taken into account, yes.

8:50 a.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Were they included in this legislation? When does this legislation go to print?

8:55 a.m.

Assistant Deputy Minister, Transformation, Department of Transport

Natasha Rascanin

You'd have to ask the Department of Finance. I don't know the date, but they were considered and the consultation paper was not the only part of the consultation.

8:55 a.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Right. We've tried to do due diligence in the time that we've had to understand the changes to these two acts that are being recommended. My understanding is this discussion paper was specifically for the changes that were being contemplated in BIA 2 or to these two acts.

I would question whether or not whatever recommendations or feedback you might have heard from the shipping community writ large.... They probably aren't in BIA 2 because that was tabled on Monday.

8:55 a.m.

Assistant Deputy Minister, Transformation, Department of Transport

Natasha Rascanin

The conversations around these proposed amendments have been going on since the oceans protection plan was launched and input has been considered. All kinds of conversations and various ways of input have been put into play.

8:55 a.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Are these the most substantial changes to the Canada Shipping Act in 10 years? I think you said even in one case 25 years.

8:55 a.m.

Assistant Deputy Minister, Transformation, Department of Transport

Natasha Rascanin

There hasn't been a significant modernization, and this is one of the elements that we are now bringing forward.

8:55 a.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

It's being brought forward in a budget implementation act rather than stand-alone legislation.

8:55 a.m.

Assistant Deputy Minister, Transformation, Department of Transport

Natasha Rascanin

That's right.

8:55 a.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

There are substantive changes to two acts which haven't been changed in 25 years in one case and 10 years in another, and they're buried in an 800-page budget implementation act. Does Transport Canada feel that's the best way to deal with substantive changes to legislation that they are responsible for?

8:55 a.m.

Assistant Deputy Minister, Transformation, Department of Transport

Natasha Rascanin

There has been significant consultation across indigenous groups and stakeholders over years, not just in the period of that consultation paper.

My colleague wants to add something.