Mr. Speaker, I am pleased to have the opportunity to speak to the Marine Liability Act amendments.
In my research on this particular subject, it appears that this legislation has been on the books for consideration for some time. In May 2005, Transport Canada put forward a maritime law reform discussion paper in which it put forward many of the points that are in this bill.
Many of these protocols have been in existence, as we have pointed out, since 1976, 1992, 2001 and 2003, and they have not been ratified. Many of the aspects within them have been implemented within the Marine Liability Act in one form or another. We have seen that Canada, over the years, has taken international conventions from international marine liability work and has implemented them into its legislation but has not ratified the actual conventions in many cases. These are amendments to the law that would bring things up to date.
Under the Constitution of Canada, Parliament has the exclusive authority to make laws in relation to navigation and shipping but the provincial legislatures have the exclusive legislative authority to make laws in relation to property and to civil rights. It is worth keeping in mind this division on power because it does play out in terms of some of the issues around liability and some of the issues that are important in this bill.
When we consider what the bill has done under part 4 of the act, it sets a per capita limit of liability that would limit the liability for the carriage of passengers, in particular the treatment of participants in adventure tourism activities. That was something in the act that was of great concern to adventure tourism operators. In 1992, legislation under the Marine Liability Act caused the waivers used by many adventure tourism people in their businesses, waivers to limit their liability for their customers engaged in recreational activities where there was some degree of hazard, to become invalid.
This bill attempts to bring those back so that these waivers for the adventure tourism sector can be used and are valid. This is a very important thing and certainly will be a subject of discussion at committee when this bill moves forward. We would like to see it move forward. It has been many years in getting to this point.
If there is blame, we can blame the previous administration, the Liberal government. Obviously, it formulated the Maritime law reform discussion paper with the questions that were carried out at that time and we can see that many of these conventions, not ratified over many years, are in place. Governments, obviously, have been slow in moving on this.
I would like to understand in committee why governments have been slow and get to why this has not happened in a fashion that would have provided some of the protections that are now being put forward. That may clear the air in much of this regard.
Other parts of the bill will amend part 6 of the act to implement the protocol for the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage,1992; as well as the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. It would change the liability regime in the ship source oil pollution fund. It would do a number of things that would change the way major things like oil spills in our waters are handled, but will it actually provide the protections required?
Interestingly enough, the parliamentary secretary indicated that the fund that is established will provide perhaps $1.5 billion toward oil spill remediation but when we look at the Exxon Valdez, we see that the total cost for the cleanup of the Exxon Valdez oil spill 20 years ago and onward was some $2.5 billion.
Therefore, even within the context of what we are putting forward here, we have examples of accidents that have cost more to clean up than what would be available under this fund.
The fund, interestingly enough, if it is drawn down, will need to be replenished by states that import oil on a levy basis. Within the act, there are various considerations about who will be liable, what conditions the liability will extend to the owners and what conditions the owners will find themselves without the wherewithal to provide compensation to the people who have the oil spill damage.
We are entering into a complex business with this bill and these conventions. I look forward to having the opportunity to have expert witnesses come before us and present their case for these conventions. These conventions have not been adopted quickly by our government. We have been operating under a particular regime for some considerable time.
I talked about oil spills the other day and, in the case of Arctic waters, I mentioned that we do not have the capacity or the ability to deal with oil spills in waters that have more than 35% ice content. We cannot get the oil out of the water with the present technology. When we talk about the development of the Arctic and the Arctic waters and bringing in more ships and commercial activity, such as drilling rigs, service vessels, and transshipping through the Northwest Passage, which, even when it is ice free, is a very dangerous passageway, this is not wide open ocean. It has shallow areas with much of the charting that is not conventionally carried by ships. We have significant concern in the Arctic about what is going to happen with shipping in there. We do not have the capacity to deal with oil spills in waters that have a great percentage of ice but that is the kind of water that the ships will be going through.
When we talk about Canada's ability to act in an environmental sense, which the parliamentary secretary suggested the bill would somehow deal with the environment and protect the environment from damage, in reality it would simply assign costs, in a variety of ways, to either funds that are internationally set up or to provide mechanisms to identify and to make the shipowners who caused the spill responsible for that.
This is not really an environmental bill. It is a bill about who will be responsible. We already have some provisions in our acts to deal with some of those aspects.
When we come to actually examining this bill, do we want to push ahead with all speed on these provisions or do we want to understand completely what they will mean to us, as a country, in relationship to the vast ocean and coastal areas we have from sea to sea to sea in Canada?
We want to make sure that we cover all these issues in great detail as the bill moves forward. For that reason we are quite interested in seeing the bill move forward to committee. Dealing with the bill in committee is not going to be a slam dunk affair. The bill has a variety of ramifications and it has been around for a considerable period of time. We want to understand why the bill has not come forward before this time. What are the positive aspects of these international conventions? What are the things that may not be as we want them to be for our country?
We need Bill C-7, but we need to work on it. I am sure all of the members on the transport committee will be looking forward to spending time on this legislation. As my Bloc colleague on committee pointed out, this is the fourth bill that is working its way through the system and the transport committee. We will have to set priorities for handling these bills. We have to make sure that they move forward. At the same time we cannot ignore the details of such an important bill.