Transport Committee on Nov. 6th, 2018

[Natasha Rascanin]

We are working very closely with Department of Fisheries and Oceans scientists and various scientists who are doing work internationally in the International Maritime Organization to look at the noise impacts from shipping.

What is really important to understand is the very interrelated nature of these threats. It's not noise from shipping in and of itself that is potentially damaging. In the case of the Pacific coast for the southern resident killer whale, it's an interplay of limited prey and contaminants and shipping noise, and the science is ongoing to look at that. Each type of vessel has a different impact as well. For example, ferries have a certain noise signature that is higher if they slow down.

A lot of work is happening around understanding both the impacts on marine mammals and the nature of the shipping noise itself, so that we can make appropriate regulation as we go forward.

[Gagan Sikand, Liberal, Mississauga—Streetsville, ON]

I will give the remainder of my time to a colleague who has a coastline.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

Thank you, Madam Chair.

Thank you all for being here.

I have a few questions about the state of the ship-source oil pollution fund. That's been around for a while, and I notice that in division 23 there's an intention to rely more on that. What is the state of that fund right now?

[Marc-Yves Bertin]

If by state you mean—

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

I mean the amount of money.

[Marc-Yves Bertin]

The amount of money currently stands at $410 million.

This is a fund that was brought into existence in 1972. Levies were collected for a period of around four years and ceased in 1976. At that time the fund was valued at $36 million. Of course with accrued interest it's now up to $410 million.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

That would suggest there's adequate money at least to cover a couple of major oil spills, God forbid that they actually happen.

[Marc-Yves Bertin]

I think it's fair to say that the health of the fund is quite good, and that's a source of assurance.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

I notice there's some language in here that talks about funding for the Coast Guard when it responds to an oil spill. Is the Coast Guard required to get additional funding to make that response?

[Marc-Yves Bertin]

There are two things in these proposed amendments that speak to the question you've just posed.

The first is that, similar to the amendments under the CSA, the Canada Shipping Act, we're telegraphing that into the MLA, the Marine Liability Act, to ensure that the Coast Guard could act on a more proactive basis. That's important in trying to preclude the possibility of a situation becoming quite grave, on the one hand enabling them to do that and on the other being able to recover the costs associated with that more proactive approach.

[The Chair, Liberal, Judy Sgro]

Mr. Hardie, you're now on your own six minutes.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

Thank you. I'm on my time.

I want to dig into that a little more deeply. Does the Coast Guard not have in its budget the funding to respond immediately or does it have to wait to know that there's the surety of funding before it responds?

[Marc-Yves Bertin]

The second element that I was going to refer to speaks to the specific issue of emergency funding. Basically in situations where we're talking about a significant event, we're talking about a very significant event—

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

I'll ask you to keep your answer fairly short if you could, please.

[Marc-Yves Bertin]

Fair enough.

Basically, in order to enable them to maintain a lean forward posture and to take the actions that are required, this legislation would enable an emergency funding mechanism that would provide them up to $10 million.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

But we've never been in a situation where they've had to hold back because they don't know where the money is going to come from.

[Marc-Yves Bertin]

That is correct, but I defer to my colleagues.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

The complementary bills that are folded into this initiative—Bill C-48, the crude oil moratorium on the north coast, Bill C-64 regarding wrecked, abandoned and dilapidated vessels, and BillC-68 and Bill C-55, a couple that relate to the Fisheries Act and the Oceans Act—are they basically all enclosed, if you will, in divisions 22 and 23, or do they comprise what's going forward in this budget implementation bill that's of concern to this committee?

[Marc-Yves Bertin]

I'm not sure I follow the question.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

Is there more to it?

Having had the advantage of sitting on both the fisheries committee and this committee, I recognize that every one of these bills has been through the committee process and has been studied line by line. There have been recommendations, amendments and so on. At least on this list from your deck, there has been a fair amount of consideration already, but is there more in what's going forward in these two divisions to finance that we need to focus in on?

[Marc-Yves Bertin]

I guess the simple answer is that these two parts stand alone, but they obviously intertwine and complement other legislative initiatives that you've just referred to.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

Okay.

One of the things that some of these bills do is provide the Minister of Transport or the Minister of Fisheries with a lot more discretionary power. That may concern some people, and that may make some people feel a bit more confident.

Can you very briefly go over what sort of discretion these ministers can now apply to situations as they come up?

[Natasha Rascanin]

You're talking specifically about the regulatory power and the variation in the interim order, I think.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

Yes. In this case, what can the Minister of Transport do to respond more efficiently to an emerging situation?

[Natasha Rascanin]

Right.

I'm actually going to respond to Mr. Aubin's question using an example. One of my colleagues was able to get some information as we were speaking.

As I mentioned, the proposed amendment would give the minister rule-making authority so that regulations, as needed, could be enacted. It also gives authority for variation orders and interim orders that would be used in unforeseen, unusual contexts.