Transport Committee on Nov. 7th, 2017

[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. Pursuant to the order of reference of Wednesday, October 4, 2017, we are examining Bill C-48, an act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast.

Good afternoon. Welcome, invited guests. I would like to begin by acknowledging that the land on which we gather is the traditional unceded territory of the Algonquin Anishinabe people.

For witnesses on this panel, we have from the Council of the Haida Nation, Peter Lantin. From the Heiltsuk Nation, we have Marilyn Slett and Reg Moody-Humchitt. We have two by teleconference. We will start with Mr. Lantin.

Go ahead, sir.

[Peter Lantin, President, Council of the Haida Nation]

Good afternoon to everybody back east, and greetings from Haida Gwaii. My name is kil tlaats ‘gaa Peter Lantin. I am the president and official spokesperson for the Haida Nation.

Generally, the Haida Nation supports Bill C-48, but we propose changes to strengthen the bill to protect Haida interests and rights. I'll begin by providing some context to our submissions.

In the Haida language, Haida Gwaii means “the islands of the people”. Haida oral traditions tell the origins of these islands and our origin from the oceans of Haida Gwaii.

Our territory includes the islands and the surrounding waters, which include the entire Dixon Entrance; half of Hecate Strait, north and south; Queen Charlotte Sound halfway to Vancouver Island; and westward into the abyssal ocean depths, including the 200-nautical mile limit of the exclusive economic zone.

The Haida Nation has worked with Canada and the Province of B.C. to protect sensitive areas within the Haida territory. This includes the Gwaii Haanas marine area, which has been called and “one of the world's great ecological and cultural treasures.” Other protected areas include Sgaan Kinghlas - Bowie Seamount marine protected area, jointly designated with the Government of Canada. As well, we manage marine areas with the Province of B.C. under both the Haida Gwaii marine plan and land use plans.

The Haida protected areas protect a diversity of habitats and numerous species, including marine mammals, seabirds, fish, invertebrates, and microalgae. These areas are essential for the health and well-being of Haida citizens and Haida culture and are vulnerable to shipping, underwater noise, and the introduction of aquatic invasive species and oil spills. The Haida territory and Haida protected areas are well-known to the Government of Canada.

For those reasons, the Haida Nation joined other indigenous nations and environmental organizations to oppose the Enbridge northern gateway pipeline project that would have seen the transport of crude oil through Haida territorial waters. Together we overturned the federal approval of the project.

The proposed moratorium is an important first step towards achieving long-term protection from the risks of oil tankers and oil spills. We propose the following changes that could help strengthen the proposed bill. I will provide some proposed amendments from the Haida perspective.

First, there are plans to construct oil refineries and to transport refined oil products on the north coast. In the event of a spill, these projects carry great risk to ecosystems, communities, and the economy. The moratorium must be expanded to also ban the transport of large quantities of refined oils, such as gasoline, jet fuel, and diesel oil.

Second, further measures are required to keep large vessels at a safe and sufficient distance offshore from the west coast of Haida Gwaii. At a minimum, the area of the moratorium must apply to the current voluntary tanker exclusion zone.

The risk of harm to Haida Gwaii is largely driven by the absence of emergency towing vessels. A dedicated tug located in Haida Gwaii to provide emergency towing to vessel traffic transiting Haida territorial waters is therefore our third proposal.

Fourth, we urge the federal government to pursue international marine organization sensitive area designations to apply to all shipping to complement regulatory measures.

Fifth, the Haida Nation and Transport Canada must prioritize and complete our work of updating the Pacific places of refuge contingency plan.

Sixth, we have negotiated with Canada and B.C. collaborative management agreements covering the entire terrestrial and portions of the marine areas of Haida Gwaii. These agreements, upheld by the Federal Court of Canada, provide the federal government the unique and powerful opportunity to implement the United Nations Declaration on the Rights of Indigenous Peoples in a way that genuinely respects and implements reconciliation.

Seventh, a broad power to set limits or conditions on tankers, coupled with timely and sufficient access to information, will allow the management bodies under the Haida agreements to regulate the transport of essential oil products for communities through Haida territorial waters. The Heiltsuk Nation will speak further about this amendment.

We support West Coast Environmental Law in requesting an amendment to limit ministerial exemptions to the moratorium in case of emergencies. We also support the submissions of the Sierra Club of B.C. regarding expanding the moratorium to include decreased tonnage thresholds and to ban the transport of oil products, not just the loading and unloading.

In conclusion, the Haida Nation understood that the federal government had committed to ban crude oil tankers transiting and transporting oil products through the north coast. As drafted, the bill does not go nearly far enough to protect the Haida and other communities of the north coast from the devastating impacts of an oil spill. Our proposed amendments will help strengthen the moratorium to provide real protection to Haida Gwaii and the north coast.

Hawaa.

Thank you.

[The Chair, Liberal, Judy Sgro]

Thank you very much, Mr. Lantin.

Ms. Slett, please, for five minutes.

[Chief Marilyn Slett, Chief, Heiltsuk Nation]

Good afternoon.

My name is Marilyn Slett. I am the chief councillor of the Heiltsuk Tribal Council, which is the elected leadership for the Heiltsuk First Nation.

Heiltsuk would like to thank the committee for this opportunity to talk about the proposed oil tanker moratorium act. Heiltsuk people have lived on the central coast of B.C. and harvested marine resources for thousands of years. Archeological evidence dates our fisheries back 14,000 years. Harvesting is central to our health and well-being, and it lies at the heart of our culture. We depend on the fish and the health of their waters.

A recent spill of 110,000 litres of diesel and lubricant oils into the waters of one of our major harvesting sites has been devastating for the Heiltsuk. That was only the bunker fuel from the tug, and not the cargo of the attached barge, which thankfully was empty at the time.

The consequences of a larger spill, especially in a major harvesting area, are unfathomable, given the harm caused by the recent spill.

Heiltsuk supports the tanker moratorium act and recognizes the importance of protecting the coast from oil spills. However, speaking for indigenous communities that will be most impacted by a large oil spill, the measures can and should be strengthened.

Heiltsuk has two propositions for the proposed act, and a third concern, about the breadth of the ministerial power to exempt tankers under section 6, is set out in our brief.

First, we understand that the bill has to allow for international traffic through Canada's territorial waters. As people who live on the sea, we understand the safety concerns that explain why the sea traffic would prefer the more sheltered waters of the Inside Passage. However, some of these areas in the internal waters are vital ecological areas that would be among the worst possible places in terms of oil spill impacts.

Heiltsuk proposes that the bill create a power of government to create regulations that could restrict where tankers of different sizes may go, or set limits or conditions on their travel. This would allow the government, after proper study and consultation, to decide where traffic should continue for vessels of different sizes and cargo, and where regulation should restrict traffic for safety reasons or to protect sensitive ecological areas.

This regulation would allow for a flexible approach to tanker traffic controls as the oceans protection plan develops, as environmental regulations are put in place or improved, and as spill response technology advances.

Heiltsuk proposes that the power be a broad one, so that the regulations may include financial obligations on tankers and owners that elect to use certain passages.

Heiltsuk proposes wide powers because its experience with the Nathan E. Stewart spill has highlighted gaps in the law, which Heiltsuk hopes these regulations will eventually fill. These gaps include the lack of any duty of a “cruder” to perform or pay for impact assessments that are necessary for anyone to actually measure and understand how the spill has affected a complex ecological system.

The financial risk should be borne by the business that choses to conduct their business in our waters, not by indigenous communities and B.C. taxpayers. The context of any no-go zones and any limits or conditions would be for later study and consultation. Heiltsuk is only proposing at this point that the bill include a wide power for the government to regulate tankers along the north coast.

Second, Heiltsuk proposes that the coastal first nations have access to tanker information required by this bill. It proposes a power of government to create regulations that may address access by first nations or the public to information about tankers that sail in our traditional waters.

Again, the content of such regulations should be for later consultation in a nation-to-nation approach, which the government has affirmed would make information-sharing appropriate, but for now, Heiltsuk proposes that only the bill include such a power. It would be a good step forward around shared marine management.

This bill is an opportunity for Canada to implement its commitment to the United Nations Declaration on the Rights of Indigenous Peoples and to the 10 nation-to-nation principles. In the big picture, this is one step towards reconciliation, but for Heiltsuk, this bill has the potential of being a part of a family of marine legislation that prevents another devastating oil spill in our territory.

Giaxsixa. Thank you.

[The Chair, Liberal, Judy Sgro]

Mr. Moody-Humchitt, please. The floor is yours for five minutes.

[Reg Moody-Humchitt, Assistant Negotiator, Gladstone Reconciliation Office, Heiltsuk Nation]

Thank you.

Good afternoon, committee members. Thank you for inviting me to present to you. I also thank the indigenous nations whose territory we are standing on.

My name is Reg Moody-Humchitt, and I am a member of the Heiltsuk Nation.

You have already heard from Heiltsuk's chief councillor, Marilyn Slett. I am not here to repeat what Chief Slett has already said on behalf of our people but to focus on one particular issue of great importance to the Heiltsuk that is relevant to your inquiry: the Heiltsuk aboriginal right to harvest herring spawn-on-kelp, SOK, for social, food, and commercial purposes, and the potential devastation of our rights in the event of an oil tanker disaster.

As was mentioned by Chief Slett, in 1996 in R. v. Gladstone, the Supreme Court of Canada affirmed what the Heiltsuk have always known, that our right to harvest SOK and to utilize it for all purposes, including commercially, is an integral part of our distinctive culture and has been since time beyond memory. The court said our right is second only to conservation and takes priority over all other users.

Gladstone is a landmark decision. It affirms one of the very few commercial aboriginal rights in Canada, and it is constitutionally protected under section 35.

To the Heiltsuk, Gladstone is real. It is not just a court case. I am here as a negotiator for the Gladstone Reconciliation Society. I work with William Gladstone, who is the chief negotiator on behalf of the nation. With our team, we are attempting to achieve final resolution of the matters still outstanding more than 20 years since the Supreme Court of Canada decision.

For William and his late brother Donald, the struggle goes back even further, to 1988 when they were arrested and treated as common criminals for exercising their aboriginal right.

The Heiltsuk Nation has benefited from the Gladstones' persistence. The economic circumstances of Indian reserves in Canada is well documented, and our village of Bella Bella is no different. For many of our people, engaging in the SOK harvest is their only source of income. To be able to earn a living on the water harvesting a traditional resource just as our ancestors did is a source of cultural pride that is immeasurable.

An oil tanker mishap on our waters would render the Gladstones' hard-fought battle and our constitutionally protected aboriginal right meaningless. To be clear, our concern is not just with potential economic loss. The Heiltsuk depend on SOK for spiritual, cultural, physical, as well as economic well-being, and all of this would be irreversibly impacted in the event of an oil spill. No amount of compensation could account for the loss to us as Heiltsuk people. This is a matter of food and cultural security.

Some of you might not be familiar with SOK and how we harvest it, and I'd be happy to answer any questions you might have during the question and answer period.

SOK has always been of critical significance to us because it's the first fresh food of the year and highly nutritious. The Heiltsuk have always collected and preserved vast amounts of SOK, and we engaged in large-scale trade with our neighbours, trading literally tons of SOK for other foods that we didn't have access to, such as eulachons. This trade going back to pre-contact times is well documented and formed the key evidence before the court in Gladstone. Our harvesting today follows ancient Heiltsuk practices.

Our fishery is environmentally sustainable because only a small percentage of the spawn deposited by the herring is harvested, and the fish themselves swim off again. In other words, it is a no-kill fishery.

So here we are today. For many reasons, full implementation of the Gladstone decision remains unfulfilled. We continue to work with Canada to achieve this objective on behalf of our people.

Despite all our efforts, the Heiltsuk might never truly reap the benefits of Gladstone if an oil spill destroys the marine ecosystem that the herring stocks rely on. Oil tanker traffic in our waters brings unacceptable risk to the Heiltsuk, and we call on Canada to take the opportunity to address the risks in real and meaningful ways as was set out by Chief Slett in her submission.

As we have expressed many times over the years to countless representatives of Canada, there is more in our canoe than SOK. The Heiltsuk people will not allow further infringements on our way of life. Time and time again we have been the ones to bear the burden and we paid the ultimate price to our way of life. The ongoing impacts of the sinking of the Nathan E. Stewart is only the most recent example.

As Chief Slett already pointed out, to the world at large that was considered a small spill, yet the effect on our people has been, and continues to be, devastating. What causes me concern is that a vessel the size of the Nathan E. Stewart wouldn't even be captured by the proposed oil tanker moratorium. Oil tanker traffic on B.C.'s coast poses countless risks to our continued existence and well-being as a distinct people and threatens the destruction of the resources that we continue to rely on, the same as our ancestors did. This means not only SOK, but all of the foods from the land and sea. The Heiltsuk are pursuing a fundamental change in the relationship with Canada—

[The Chair, Liberal, Judy Sgro]

Excuse me, sorry, five minutes is up. Could you just do your closing remarks, sir? Thank you.

[Reg Moody-Humchitt]

In closing, on behalf of the Heiltsuk Nation, we call upon you to go back to ensure the final version of the bill truly reflects Canada's stated commitment to UNDRIP, brings true meaning to reconciliation, and addresses the unacceptable risk that oil tanker traffic along the coast brings to the exercise of our aboriginal rights and to those other coastal first nations. To do so is in the interest of Canada and all Canadians.

Masi Cho. Thank you.

[The Chair, Liberal, Judy Sgro]

Thank you very much.

We move on to questions.

Mr. Chong.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Thank you, Madam Chair.

I'd like to ask questions of both the Haida Nation and the Heiltsuk Nation regarding the consultations that led to the introduction by the government, by the minister of the crown, of Bill C-48 in the House of Commons.

Maybe I'll focus first on the Heiltsuk Nation.

I'd like to know if the government consulted you, had meetings with you, before Bill C-48's introduction in the House of Commons.

[Chief Marilyn Slett]

We're not aware of consultations specifically with the Heiltsuk on Bill C-48, but we do want to express that we have supported the moratorium.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

I understand that. Thank you.

So there were no meetings or consultations on Bill C-48 before its introduction in the House of Commons earlier this year. Is that correct?

[Chief Marilyn Slett]

Not specifically with the Heiltsuk Nation.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Thank you. I appreciate that answer.

For the Haida Nation, I'm wondering if there were consultations or meetings between the federal government and the Haida Nation with respect to Bill C-48 before it was introduced by a minister of the crown in the House of Commons.

[Peter Lantin]

Not specifically to the actual bill itself. Back in January 2016, Minister Garneau convened a meeting in Prince Rupert of all of the coastal nations. Right after the Liberal government was elected he fulfilled that promise to come to the north and engage us on shipping in general, but the moratorium was conceptually alive at that time. There have been a few more visits from Minister Garneau into Haida Gwaii, where everything I've laid out in terms of our position was also articulated to the minister as well. In general, yes, there's been consultation, but not specifically in regard to Bill C-48, although we have had quite a bit of discussion with the minister.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Thank you, Mr. Lantin.

Was that the only meeting you held with the federal government, the minister, before the introduction of Bill C-48? Was that January 2016 meeting the only meeting that you had with the government before the government introduced that bill in the House of Commons?

[Peter Lantin]

No. Like I said, he came to Haida Gwaii also in the summer of 2016, and then we had another video conference with the minister I think a few months ago. Again, it was all in generalities, it was never in regard to Bill C-48 specifically.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Okay.

I think one of the witnesses told us, Madam Chair, they were in support of Bill C-48, but I thought I heard there were some concerns you had with it, or some conditions on that support.

[Chief Marilyn Slett]

I could speak to that, too.

[Peter Lantin]

Is that to either of us?

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Yes, go ahead, Mr. Lantin.

[Peter Lantin]

Yes, I think we said generally speaking we support Bill C-48. Getting into the details for us is the concern around the definition of “refined oil”. There has been a lot of discussion in this area around, never mind crude oil, let's talk about refined oil. For the Haida Nation, those two things we look at in the same light. As they transit into our territory, if it's refined oil or crude oil, either-or is going to be devastating to Haida Gwaii. In our opinion, we support the moratorium generally, but we believe that it could go further and include refined oil, large quantities of refined oil.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Okay.

Is that true of the Heiltsuk Nation as well, that you're entirely in support of Bill C-48?

[Chief Marilyn Slett]

We would like to see Bill C-48 pass. We support the bill. We propose—and we said it in our five minutes here—that there be some consultation on the regulations, and we would like the opportunity to go through that consultation with the crown. For things like financial obligations, paying for impact assessments, traversing through our waters, and when and where, we believe further consultation is required on the regulations.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Okay.

I don't have any further questions, Madam Chair.