Mr. Speaker, it is a pleasure to rise to speak in debate to Bill S-2 and specifically to both motions put forward to amend clause 39.
It would perhaps be helpful if I run through the chronological order of how this amendment came about. We submitted the amendment to clause 39 in Bill S-2, the Marine Liability Act, to the Standing Committee on Transport and Government Operations during clause by clause consideration of the bill.
The amendment relates to the establishment of a date by which the government would establish regulations for compulsory insurance for commercial passenger vessels. These are vessels that are making a business of carrying people. It would bring them in line with all other modes of transportation. Commercial shipping is the only area which does not have compulsory insurance requirements.
The bill establishes the shipowner's liability for passengers but does not require them to prove that they have the financial means to pay any potential injured passengers.
The committee heard contradictory testimony from departmental officials. On one hand they stated that it could not be done without a detailed examination of the impact on the insurance industry. On the other hand marine insurance professionals stated that compulsory insurance was already part of their business and the industry could respond immediately to comply with the requirement.
During clause by clause analysis there was considerable debate on the amendment to clause 39. All four opposition parties were united in their support for the amendment that I had drafted and introduced. The amendment required the government to make insurance compulsory by January 1, 2002, a date chosen to allow the government the time it stated was required to implement an adequate administration scheme.
Liberal members of the committee agreed that the bill without compulsory insurance would not accomplish the objective of protecting passengers travelling by ship. Assurances were given by the Parliamentary Secretary to the Minister of Transport that the government would act on a commitment. It shall make regulations as soon as it is able. That is really what the amendment is all about, because it says it shall in the future perhaps. However the government was not prepared to amend the bill at that time. I made an offer to extend the implementation date by a full year and was summarily dismissed.
It became clear in committee that despite acknowledging that the bill was deficient with respect to the compulsory insurance provisions, Liberal members were supporting the bill as drafted on a purely partisan basis. They were concerned that any amendment would require the bill to return to the Senate and thus delay royal assent. It was pointed out that the bill passed through the Senate in a single day. We all know that Bill S-2 originated in the Senate. Liberal members agreed that any delay would not be significant.
Approval of deficient legislation on partisan grounds or on the basis that it would require the bill to follow its prescribed course to the Senate constitutes special circumstances. That is why the amendment we are discussing today was allowed to stand at report stage as well as in committee. That is why I have amended our motion to reflect the compromise offered by the four opposition parties in committee. It now reads:
The Governor in Council shall make regulations by January 1, 2003, requiring insurance or evidence of financial security be maintained to cover liability under this Part.
The amendment is in addition to those put forward by my hon. colleagues in the New Democratic Party. Although they support the motion I put forward in committee, and I believe they will support it in the House, once it is defeated we need to have a fallback position. We need to ensure that passengers travelling on commercial vessels have some assurance they are protected, and if they are not protected that they are made aware of that.
I support the intent of Motion No. 2. I believe very strongly there is no legitimate reason, and there were no compelling reasons presented in committee, why commercial shipping vessels are not required to have compulsory insurance to protect passengers who are travelling by boat.
Failing that and if Motion No. 1 is defeated, the Canadian Alliance would support Motion No. 2 because it would provide some protection. If there is a requirement that a visible sign or some other form of communication has to be posted by shipowners, a warning sign, passengers would know the particular vessel does not have an adequate insurance policy or the financial means in the event the boat were to sink or some other mishap befalls passengers. They would not have reasonable assurance that their injuries or the injuries of their loved ones would be covered.
I am speaking in favour of my motion which would require compulsory insurance by January 1, 2003, so that all passengers travelling in Canada on water vessels would have the assurance and be well aware that all shipping companies in the business of transporting people have adequate insurance to protect them.
It would be similar to what airlines, bus companies and other modes of transportation have. They are required to have third party liability insurance to make sure passengers are adequately covered. Passengers boarding those forms of transportation have that assurance, yet we do not see the same requirement of shipowners. I speak in favour of Motion No. 1 for those reasons.
If Motion No. 1 is defeated, our party would support Motion No. 2 as a fallback position so that passengers understand when they board a particular vessel which does not have adequate insurance coverage they are accepting some personal risk with their decision.