Mr. Speaker, it is a pleasure as an Atlantic Canadian to have an opportunity to speak on this very important bill.
I rise in the House in support of the Marine Transportation Security Act and to explain to members of this House the need for a single comprehensive act to prevent acts of violence which could be detrimental to Canada's marine interests.
Canada is for the most part a haven from violence for many other parts of the world. To maintain our security we must, just as we admonish our children, be prepared and avoid danger. It is far better to prevent violence than to suffer its consequences. Canadians as evidenced by their abhorrence of violence and their support for strengthened firearms control want to end the needless loss and tragedy caused by preventable acts of violence.
The Marine Transportation Security Act will help prevent needless loss to Canadians, their marine transportation system and its operators, users, employees and dependants. The bill we are debating today recognizes that Canada is not currently facing any dire threat. However it also acknowledges that threats do occur and that to minimize potential injury we must be ready to deal with these threats in their earliest stages.
Security is commendable at ports under the control of Canada Ports Corporation particularly at the port of Vancouver where vessel and port operators practise co-operative security. This bill will ensure that Canada has an appropriate legislative framework which enables the implementation of basic levels of security wherever required and with the flexibility to respond rapidly should danger increase.
Legislation does exist which enables the Minister of Transport to take measures to prevent acts of violence occurring by air and rail transportation. However, it should be a matter of concern to members of this House that there is not at the present time any comprehensive legislation in Canada authorizing the government to take preventive security action to protect Canada's marine interests.
Canada endorsed and promoted compliance with voluntary international security measures designed to protect passengers and crews on board ships. Use of these measures in Canada and other nations has however been inconsistent. Our marine industry and those it touches remain vulnerable.
Security provisions in existing marine transportation legislation such as they are are fragmented and inadequate. Different legislation applies dependent on flag state, type of vessel, port, waterway and marine facility.
No Canadian legislation is specifically concerned with preventing acts of violence. None ties together the various elements of the marine industry in a way that can provide the appropriate and timely response necessary to react to security threats.
The variety of legislation that might apply to any vessel, facility, waterway or person depending on the location and segment of the marine industry involved serves to delay rather than expedite response to threatening situations.
In addition to the potential for confusion, the lack of an appropriate legislative vehicle for marine security does not allow effective response. Use of different legal frameworks to provide for security would result in different security regimes with more confusion, less compliance and higher costs.
In examining solutions to the lack of preventive security authority, the government considered the use of existing legislation and found it to be inappropriate to the task.
The Emergencies Act for example, while allowing preventive regulations to be made, applies only when an emergency has been declared. This limits its preventive utility. Further, members will recall this act was not invoked even during the 1991 Persian Gulf crisis.
The Criminal Code and the Security Offences Act while providing authority to respond to security incidents do not sanction preventive action.
The Canada Shipping Act is principally concerned with the safety of life at sea and the protection of the marine environment but it is not germane to security from acts of violence in the broad context of the marine industry.
The Canada Shipping Act, the Canada Ports Corporation Act, the Harbour Commissions Act, the Toronto Harbour Commissioners Act, the Hamilton Harbour Commissioners Act, the Public Harbours and Ports Facilities Act and the St. Lawrence Seaway Authority Act, apart from their obvious territorial and jurisdictional limitations do not provide specific authority or enforcement capacity with respect to preventive security measures.
Before bringing these proposals forward non-statutory methods of preventing acts of violence against marine targets were also considered. There are however a variety of problems with this approach. In considering self-regulations the fact that the seaborne element of the industry is largely under foreign flag would create unequal conditions between vessels and would be unenforceable in a similar vein.
Canadian ports operate under mixed ownership with different statutes and authorities. Equality in application and enforcement of requirements under self-regulation would also be unachievable regarding such ports. It would be unrealistic to believe that either voluntary compliance or self-regulation would provide a rapid, consistent response to any threat in such a diverse industry.
As I mentioned earlier, despite the performance of Ports Canada police and the North West CruiseShip Association, voluntary compliance with marine security measures in Canada and elsewhere in the world has been generally low. It is apparent there is little practical alternative to regulation. The high degree of non-compliance with voluntary security standards for international passenger vessels and the predominant view of other major commercial segments of the industry that there is no need due to the current lack of threat underline particularly the need for regulated preparation. The fact there is no threat to Canada at the present time should not prevent us and deter us from being prepared for such an eventuality.
Options to a single, newly minted act have also been considered, including the retention of the current regime, amending existing marine transportation legislation on an act by act basis, and amending the various transportation legislation. Amending all existing marine transportation security acts by an omnibus bill was also considered.
After thorough consideration of various options for achieving appropriate security regarding the marine transportation system including voluntary compliance, self-regulation and the various legislative alternatives, the government has concluded that the most reasonable, efficient and effective method is to enact a comprehensive Marine Transportation Security Act.
This act has come with a good deal of consideration by the Department of Transport. The Marine Transportation Security Act is such a comprehensive act providing the requirement I have spoken to previously. It incorporates all appropriate security authorities and provisions in one document, thereby allowing for ease of maintenance and compliance. The bill will permit consistent, equitable implementation and enforcement and can, if need be, apply to all elements of the industry in Canada regardless of their location or nationality. It will ensure the government's ability to respond quickly and appropriately to changing threat conditions.
The Marine Transportation Security Act does not apply to vessels and facilities under the authority of the Minister of National Defence. Government vessels or facilities, where no commercial activity is involved, will not be subject to regulation because they are adequately provided for by the government's security policy and the government's ability to control them. Pleasure craft, fishing vessels and small commercial craft in ports are also not candidates for regulation as they do not provide the same attractiveness as terrorist targets as do other segments of the industry.
The international cruise vessel industry and the ports serving it would be the main regulatory priority once this legislation is in place. Except for relatively few agencies such as the North West CruiseShip Association, compliance with voluntary international security standards by the cruise industry while in Canada has been inconsistent, in part no doubt because of the lack of a perceived threat there.
There is no lack of perceived threat here I think.