Mr. Speaker, this new legislation which is listed as an amendment to part I of the Canada Marine Act is actually a replacement. Much of the old act cannot be traced in the new legislation.
There is no question the existing act is obsolete. It was after all passed in 1936 when Canadian vessels were defined as British, when records were kept in ledgers and when prescribed fees for certain documents and government services were in the 25 cent to $1 range.
Reform cannot express opposition or support for this highly technical bill until we have heard from industry representatives in a committee. This is especially true since we anticipate that the government has already drafted amendments which will be introduced at committee stage. It is our understanding that the government proposes to remove some problematic changes proposed with respect to the regulation of small vessels.
The bill contains two and a half full columns describing things which may in the future be regulated by governor in council with no reference to Parliament. There was a lot of this in the old act, but Bill C-15 confers wider ranging powers to the governor in council to regulate registration, the marking of vessels, fees, fines and licences.
This bill would give the governor in council almost unlimited power over specifications for the manufacturing or modification of small vessels. Hopefully that will be one aspect of the bill which the government proposes to withdraw.
The replacement part I will modernize the ship registration system. For example, the proposal to allow foreign owned vessels bare-boat chartered to Canadian entities to be registered as Canadian ships makes sense. Conversely, Canadian ships bare-boat chartered to a foreign lessee will be barred from flying the Canadian flag.
Bill C-15 gives Transport Canada full authority and responsibility for ship registration and related activities currently performed by Canada Customs. Another quaint Canadian custom is being eliminated.
Of course it would not be a Liberal bill without bestowing upon the minister another juicy patronage plum to be handed out. In this case Bill C-15 empowers the Minister of Transport to appoint a chief registrar who will be responsible for establishing a Canadian register of ships.
There will be mandatory registration for all Canadian owned ships exceeding 15 tonnes gross tonnage and not registered in a foreign country. The register will record the name and description of the ship, its official number, its tonnage, its owner's name and address, and the details of all its registered mortgages.
The chief registrar will have the authority to establish the criteria for applying for registration and will be required to approve the name of a ship. Canadians can rest easy because Bill C-15 gives the minister the authority to order that a name be changed if he believes the name would prejudice Canada's international reputation. No risqué innuendoes will be allowed in either official language.
The registry certainly needs updating. There are currently 45,000 entries on the ship registry, which is a physical impossibility. There are not that many vessels in Canadian waters. Bill C-15 will enable suspension and closure of registry entries, so inactive and bygone ships can be taken off the list.
As well, there were no provisions in the antiquated Canada Shipping Act for an electronic registry, meaning that the whole thing had to be on paper. Now the nation's ships, like its citizens, will be objects of computerized lists.
The registration of a Canadian ship could be cancelled or suspended due to improper markings, expiration of the certificate of registry and a ship's loss, wreck or removal from service. Ships can be reinstated too. A certificate of registry will have to be on board a ship in order for the ship to operate. Don't leave home without your licence.
Under the current CSA certificates of registration do not expire. Section 53(2) would keep certificates in place for up to three years in order to provide a transitional period during which ships can be brought under the new rules.
Bill C-15 continues the tradition observed in most maritime nations, except the U.S., that a ship be divided into 64 shares. The custom is variously attributed to the fact that ships traditionally had 64 ribs or the fact that under Queen Victoria shipowners were taxed 36% and were allowed to keep the remaining 64%. Now we have progressed to the point that in Canada millions of ordinary folk have to hand over fully half of their incomes to three levels of government. Under Queen Victoria they had taxation; under king Jean we have predation.
The minister will continue to appoint tonnage measures to calculate a ship's tonnage. Shipowners and shipbuilders will continue to be allowed to mortgage their ships and have that mortgage placed on the register.
When there is a change in ownership, owners of Canadian ships will be required to notify the chief registrar. If an unqualified person acquires a ship, an application for redress could be made to a court. For the record, a qualified person means a Canadian citizen, or permanent resident, or a company incorporated in Canada, or a province.
The old CSA exempts from annual inspections ships not in excess of five tonnes gross tonnage carrying more than 12 passengers and are not pleasure boats. Bill C-15 would raise that limit to ships not in excess of 15 tonnes gross tonnage. However, inspectors will be able to conduct spot checks on these vessels. It is not clear to me if this is an area in which the government now plans to change in committee.
Bill C-15 grants the governor in council the power to make regulations to prevent pollution resulting from the discharge of ballast water, thereby reducing the risk of oil spills in Canada's waters, including the Arctic. We already have zebra mussels and lamprey eels in the Great Lakes. Perhaps these regulations will be prevent future ecological disasters. The current requirement for ships to have on board an oil pollution prevention plan will be extended to shore based loading and unloading facilities.
Retired members of this fund, the St. Lawrence pilot pension, are subject to an act over 100 years old and to the antiquated internal rules of the corporation of pilots. Bill C-15 would redefine the pilot fund, recognize the plan as a registered pension plan, make the Pension Benefits Standards Act of 1995 apply, define the status of the plan with regard to the Income Tax Act and allow the governor in council to make regulations to carry out this part of the legislation. Of course, these pilots will continue to rip off Canadian shippers and grain producers but that relates to legislation other than to Bill C-15.
On balance, this seems to be a good housekeeping bill but the Reform Party will have to hear from the stakeholders before passing judgment.