Mr. Speaker, I am pleased to rise to speak to Bill C-3.
First, I would like to note that we will support the bill at second reading, but not very enthusiastically. The bill contains slight improvements in marine safety, but the government could have done much better.
I am going to take time to read the title of the bill because I believe it will help people understand: Bill C-3, An Act to enact the Aviation Industry Indemnity Act, to amend the Aeronautics Act, the Canada Marine Act, the Marine Liability Act and the Canada Shipping Act, 2001 and to make consequential amendments to other Acts.
Many people will realize in reading its title that the bill is probably more than two pages long. It obviously addresses many points, and its approach is designed to achieve safety. If we are starting in on a bill that will amend several acts, it is worth expanding its scope to ensure we cover everything.
When you conduct a study, you may realize later on that you could have added a part. That is not efficient. It is important for us to bear that in mind as we begin a study as broad as this one on aviation and marine safety.
That moreover is the reason why the NDP proposed to expand the bill to include more specific measures that would protect Canada's coastlines, for example, and that would neutralize or reverse Conservative cuts and closures associated with marine safety and environmental protection.
I think when we are doing a big study like that, when we have a bill that concerns different laws, we have the responsibility to do the study really seriously and to try to extend the study to every measure that might be concerned. That is why the NDP has proposed to do a good study on the bill that would cover all the files. Unfortunately, the Conservatives say yes and then no.
When we want to try to have a really good study, it is very disappointing when the Conservatives have this attitude and say, “No. This is our bill, and it is what we are studying.” The NDP is really concerned to improve the law. It is not a question of partisanship; it is a question of improving Canadian law, and the Conservatives refuse to do it.
Let me briefly explain the various acts affected by Bill C-3.
Part 1 enacts the Aviation Industry Indemnity Act. In practical terms, this will authorize the Department of Transport to undertake to indemnify certain airlines for loss, damage or liability caused by war risks. We agree that these are not frequent occurrences.
However, if an airline’s aircraft are damaged in a sudden and unexpected war, the Department of Transport will be able to indemnify it. I do not believe this measure will be used very often, but it appears in the bill.
Part 2 concerns the Aeronautics Act. It will enable certain persons to investigate aviation accidents or incidents involving civilians and aircraft or aeronautical installations operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force.
I see this may be useful, particularly in the event of an incident involving visiting forces. For example, it might be more difficult for Canadians to investigate an incident affecting visiting forces, considering the different cultures involved. People might be less responsive.
The fact that the parties co-operate could therefore be useful in some instances. If there is a language barrier, for example, they will be able to give us more information. Questions arise in my mind. Will those people be required to issue a public report on their investigation, as is the case when the Transportation Safety Board of Canada investigates? Some questions have to be asked, and it will be worthwhile exploring them in committee.
Part 3 amends the Canada Marine Act respecting the effective date of the appointment of a director of a port authority. I believe the first three parts are the ones involving the fewest problems. However, it seems to me that parts 4 and 5 raise more questions. I will bear them in mind as I listen carefully and read the committee proceedings so that I can then take a position and decide what I think the NDP should do when this bill reaches third reading. That is why I sincerely hope the Conservatives will be receptive in committee and prepared to really discuss marine safety, for example, when the committee begins its study.
Part 4 amends the Marine Liability Act to implement the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010. This deals with liability in the event of a spill, for example, and provides that a ship's owner is liable for the costs and expenses incurred by the Department of Fisheries and Oceans if it has to intervene or by another response organization that might have been designated by the department. It also confers powers, duties and functions on the administrator of the Ship-source Oil Pollution Fund.
One question is not specifically addressed in the legislation, but it will be interesting to discuss it in committee, even though it falls under another heading, and that is the question of insurance coverage. As we unfortunately saw at the time of the Lac-Mégantic incident, people realized that MMA did not have enough insurance coverage to pay the costs of the accident. I therefore hope the committee will be studying that question as well.
If these people are responsible for paying, adequate insurance coverage must be available. Consequently, a fairly accurate valuation of what a major incident might cost must unfortunately be made. This is essential so that we can be sure that these people have adequate insurance coverage and that no companies will be unable to pay. If that were to happen, spills might continue spreading as no one would take action because no one would know how the bill would be paid. This is a very important question that should be discussed in committee.
Part 5 amends the Canada Shipping Act, 2001 and introduces new requirements for operators of oil handling facilities, including the requirement to notify the minister of their operations and to submit plans to the minister. There are a number of parties involved. In this part of the legislation, however, I hope the persons responsible will be compelled to provide an accurate chemical description of the oil being transported. We have realized that the action taken sometimes differs somewhat depending on the type of oil or oil products that may be transported. I hope that will be part of the discussion in committee.
A new requirement in this bill will also compel operators of oil handling facilities to submit their emergency plans to the minister. I hope and trust that if they have an emergency plan, it means they have also consulted local coastal communities. I hope that there will be co-operation and that they will make sure local people who could possibly help them are familiar with how they can respond, and what they can do. I hope they are also trained. This is a question, once again, that will have to be considered in committee.
There is also a question of civil and criminal immunity for organizations involved in response operations. I wonder whether it is really immunity that applies in all cases, or whether it applies in cases where people have acted to the full extent of their knowledge and skill? For example, if a response agency is cutting a lot of corners, will it possibly be covered by such immunity? I believe it would be important to clarify this, because it could give members a better understanding of the bill.
I will now discuss the application of the new enforcement measures and monetary penalties. They also grant new investigative powers to Transport Canada investigators. I believe that when it is a question of monetary penalties, among other things, it is important to give careful consideration to the amount. Is the amount sufficiently large to have a real deterrent effect? If the amount is not sufficient, people will take risks regardless. I believe it is very important to take the time to consider what monetary penalties are appropriate and will actually achieve the desired result.
One aspect of the bill that should be noted is that there may be some lack of credibility on the part of the Conservatives, particularly with respect to marine safety, aviation safety and their policies in those areas. In some budgets, there have been significant cuts in the area of safety. A marine safety bill has now been introduced. Perhaps the Conservatives would not have lost so much credibility if they had not cut so much in the area of safety.
The member seated near me made a good defence of the Quebec City search and rescue centre, which is essential. The Conservative government has closed the only French-language marine rescue centre in the country. The centre is responsible for rapid action in the case of distress at sea. All at once, the Conservative government wants us to rely on it in matters of marine safety, when it has placed people’s lives in danger. There are people who were able to respond in an emergency. In my opinion, we should be wondering whether response staff will be increased to ensure safety. For example, will there be people able to respond in both official languages and understand people when marine accidents or spills occur? These are questions we have to ask ourselves.
Unfortunately, the Conservatives did not help when they made cuts in the area of marine safety. They also eliminated the positions of people with practical local knowledge. I have seen this regularly. People often use very local expressions when speaking of their location. If the person concerned is not familiar with the waterways, minutes and even hours will go by before there is a response. In the case of a spill, the longer it takes to respond, the bigger the spill will be. I therefore feel there is a real danger.
So far, unfortunately, the Conservatives have failed to impress me in the area of marine safety. I have genuine concerns about this, and I believe we should really make sure that the bill is complete. Unfortunately, if they refuse to expand the scope of the bill, we cannot be reassured and we cannot go as far as we would wish. We tell ourselves that, perhaps, we will have a bill, but eventually we will realize there is something it does not cover, and we will have to introduce another one. In the end, we will realize that the new bill does not cover everything, and another one will therefore be introduced. The process will extend over time, whereas we could have done the right thing, completed the work and made a serious and comprehensive study of marine safety.
It seems that is not the way the Conservatives like to operate, however. One could certainly say that logic is in short supply in their application of proposed legislation.
There is another aspect that is worth looking into. The Coast Guard is very much involved in marine safety. Our defence critic recently put questions to the Minister of National Defence and the Minister of Public Works. He asked what had become of the shipbuilding program, because people who recently assessed the program had said that the money allocated to the program would very likely be insufficient to complete it. Naturally, vessels used by National Defence will also be used by the Coast Guard. If we are already short of ships to provide marine safety, I believe there is a serious problem, particularly considering the fairly substantial increase not only in the number of vessels plying our waterways, but also in their size and the potential dangers of a spill.
If the government were really serious about marine safety, it could have taken many other measures. For example, it could have cancelled the Coast Guard closure and service reductions like that in Kitsilano, British Columbia. It could have cancelled the reductions in marine traffic communication services, such as the Marine Communications and Traffic Services Centre in St. John's. Anyone with an elementary knowledge of Canada’s geography can understand that these are two crucial points with respect to marine safety in this country, on the east coast and the west coast. Given current traffic, these two service centres should not only maintain their capacity, they should also be able to increase it. At this time, that is not the case, and their services are in fact being reduced.
It is also important to require the Canadian Coast Guard to work with its U.S. counterparts and conduct a parallel study to examine the risks resulting from additional tanker traffic in Canadian waters. Of course, ships do not simply remain in Canadian waters. They move. That is why it is particularly important to conduct joint studies. We also need to be able to talk to our American counterparts about involving them in response plans. If, unfortunately, a ship has an accident at the edge of Canadian and American waters, we need to be able to respond efficiently as a team and know exactly who is fulfilling what role.
I would like to point out that the NDP's goal is to never have a spill occur. However, given all the Conservative cuts to marine safety, I feel our concerns are legitimate. We would like to know for certain what direction marine safety is headed in. We would like to know who will respond if there is a spill, how quickly they will respond, the target timetables and what our capacity is for controlling a minor or major spill. According to experts, we currently do not have the capacity for containing a major spill. The ships are so large that we do not have what it takes to respond.
I find that extremely worrisome. In committee, we will be able to look at these points more closely and ask questions. I hope that the Conservative government will be truly open to improving Canada's marine and aviation safety, for the benefit of all Canadians.