Madam Speaker, I am pleased to speak to Bill C-17, the public safety act.
The bill, which was introduced in the House last Thursday, is an improved package of public safety initiatives in support of the government's anti-terrorism plan.
The proposed public safety act 2002 contains key provisions that will increase the Government of Canada's capacity to prevent terrorist attacks, protect Canadians and respond swiftly should a significant threat arise.
The proposed public safety act replaces the old Bill C-55 which was introduced this past spring but died on the order paper when Parliament prorogued in September. The proposed act retains key principles of Bill C-55 and notably would amend two acts that fall within the responsibilities of the Minister of Natural Resources: the National Energy Board Act and the Explosives Act. Like my colleague, I will be speaking to the technical aspects of the proposed legislation.
As hon. members will recall, the federal Explosives Act regulates the importation, manufacture, storage and sale of commercial explosives along with aspects of their transportation. Natural Resources Canada's, NRCan, primary mandate is to ensure the health and safety of workers in the industry and the health and safety of the general public.
The proposed amendments to the Explosives Act are the same as the amendments set out in Bill C-55 and are aimed at protecting Canada's explosives supply from criminal and terrorist interest. Proposed are: new measures to control the acquisition and possession of explosives by potential criminal or terrorist interests; to track the consumer sale of components of explosives, such as ammonium nitrate, which was mentioned by my colleague; and to introduce export and in-transit permit requirements to complement the current import permit regime.
This will assist in Canada's eventual ratification of the Organization of American States' inter-American convention against the illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials in the OAS convention, which was signed in November 1997.
I would now like to take the opportunity to clear up some misconceptions which we have heard in the House about the proposed amendments to the Explosives Act during second reading debate of the previous bill in the last session, Bill C-55.
The reason that inexplosive ammunition components--inexplosive means non-explosive components of ammunition such as cartridge cases and bullets--are proposed to be defined and included for control under the Explosives Act is that the OAS convention captures such components in its definition of ammunition. In addition, to complete rounds of ammunition, the OAS definition also includes the propellant powder, primer, cartridge case and projectile.
The OAS regime is based on a system of import, export and in-transit licences aimed at protecting the shipment of firearms, ammunition, explosives and other related materials within the Americas from loss or diversion to criminal or terrorist interests.
This is already a known problem in some Central and South American states. For that reason, the Organization of American States, the OAS, felt it necessary for the convention to address this issue on an America-wide basis. Once the proposed amendments to the Explosives Act are enacted, Canadian importers of small arms ammunition will need to amend their existing explosives importation permits to include cartridge cases and projectiles.
There is no intention to ban, severely control or impose any further restrictions on domestic commerce if the goods were lawfully manufactured or imported.
The proposed controls for curbing illicit manufacture and trafficking of explosives are not intended to burden lawful shooting activities.
While ammunition propellant, such as smokeless powder, will continue to be defined and regulated as an explosive under the Explosives Act, no additional domestic requirements for the shipment, storage and possession of lawfully imported or manufactured cartridge cases and projectiles are intended. These proposed amendments will not adversely impact lawful shooting activities in Canada.
I would now like to turn my attention to the proposed amendments to the National Energy Board Act contained in part 14 of Bill C-17. This is the other aspect of NRCan's responsibilities in these matters.
Given the events of September 11, 2001, the Government of Canada needs to clearly define the powers of the National Energy Board with respect to security. I would like to make it clear that safety and security are related but they are not the same thing.
The National Energy Board currently has the mandate to regulate safety of interprovincial and international pipelines and international power lines. The amendments to the National Energy Board Act would provide the board a clear statutory basis for regulating the security of energy infrastructure under its jurisdiction.
The board's authority to regulate security would only apply to those pipelines and facilities that fall under federal jurisdiction. Production, treatment, refining, storage and internal distribution clearly fall under provincial jurisdiction. The proposed amendments do not apply to these facilities.
The amendments proposed to the National Energy Board Act are the same as the amendments set out in the old bill, Bill C-55, which lapsed. They would expand the National Energy Board's mandate to regulate security of installations and would provide the NEB with a clear statutory mandate to: order a pipeline company or certificate holder for an international power line to take measures to ensure the security of the pipeline or the power line; to make regulations respecting security measures; to keep information relating to security confidential in its orders or proceedings; to provide advice to the Minister of Natural Resources on issues related to security of pipelines and international power lines; and, finally, to waive the publication requirements for applications to export electricity or to construct international power lines if there is a critical shortage of electricity.
The board's inspectors would be given additional authority to make orders with respect to security matters. The ability of the board to keep sensitive industry security information confidential is essential to the exercise of regulatory responsibilities for security. The amendments therefore contain a provision enabling the board to take measures to protect information in its proceedings or in any order.
There are two tests for exercising that authority. These matters, as in other areas of security, are a matter of balance. It is essential for the board to maintain confidentiality with regard to security measures.
In conclusion, the amendments to the National Energy Board Act and to the Explosives Act contained in Bill C-17 would contribute to the safety and well-being of Canadians and provide us with better tools to address and better protect ourselves from terrorism.