Oil Tanker Moratorium Act

An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Marc Garneau  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment enacts the Oil Tanker Moratorium Act, which prohibits oil tankers that are carrying more than 12 500 metric tons of crude oil or persistent oil as cargo from stopping, or unloading crude oil or persistent oil, at ports or marine installations located along British Columbia’s north coast from the northern tip of Vancouver Island to the Alaska border. The Act prohibits loading if it would result in the oil tanker carrying more than 12 500 metric tons of those oils as cargo.
The Act also prohibits vessels and persons from transporting crude oil or persistent oil between oil tankers and those ports or marine installations for the purpose of aiding the oil tanker to circumvent the prohibitions on oil tankers.
Finally, the Act establishes an administration and enforcement regime that includes requirements to provide information and to follow directions and that provides for penalties of up to a maximum of five million dollars.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-48s:

C-48 (2023) Law An Act to amend the Criminal Code (bail reform)
C-48 (2014) Modernization of Canada's Grain Industry Act
C-48 (2012) Law Technical Tax Amendments Act, 2012
C-48 (2010) Law Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act

Votes

June 18, 2019 Passed Motion respecting Senate amendments to Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast
June 18, 2019 Passed Motion for closure
May 8, 2018 Passed 3rd reading and adoption of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast
May 1, 2018 Passed Concurrence at report stage of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast
May 1, 2018 Failed Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast (report stage amendment)
Oct. 4, 2017 Passed 2nd reading of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast
Oct. 4, 2017 Passed Time allocation for Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast

Natural ResourcesOral Questions

June 17th, 2019 / 2:40 p.m.


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Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, the Liberals must approve the Trans Mountain expansion tomorrow, which they already did before, in 2016, except this time it actually has to get built. The Liberals are blocking all new pipelines with their anti-energy, anti-business Bill C-69, which nine out of 10 provinces and all three territories oppose this.

The Nisga'a, Lax Kw'alaams and hundreds of other indigenous communities are against the Liberals shipping ban, Bill C-48, and they have been against it from day one. Instead of cancelling it, the Liberals are steamrolling opposition and indigenous communities to force it through before summer.

Will the Liberals kill these anti-energy bills before it is too late?

Natural ResourcesOral Questions

June 17th, 2019 / 2:20 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, the Trans Mountain project is essential to the economy of all Canadians, and above all, it is good for all of Canada. Unfortunately, since announcing the project a year ago, the Liberals have not done a single thing. Not a shovel has hit the ground. All they have done is take $4.5 billion of taxpayers' money and send it to Houston. They have also passed two bills, Bill C-48 and Bill C-69, that fly in the face of the principle of sound energy development.

Could the Liberals finally do what is right for Canadians by approving this project tomorrow and, most importantly, by announcing when Trans Mountain will be built?

Natural ResourcesOral Questions

June 17th, 2019 / 2:20 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, four major pipelines were built under the Conservatives' watch, with not one dollar of taxpayers' money used.

Over the last four years, though, the Prime Minister has done everything in his power to destroy jobs in Canada's energy sectors. He is forcing through devastating bills, like Bill C-48 and the no-more-pipelines bill, Bill C-69. Right now, he is playing political games with the TMX pipeline.

Will the Prime Minister finally be honest with our energy workers and admit he has no intention for construction to start in Burnaby?

Oil Tanker Moratorium ActGovernment Orders

June 17th, 2019 / 1:40 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, I rise today to respond to the government's motion on the Senate amendments to Bill C-48. While I do appreciate the opportunity to speak to the motion, what I do not appreciate, what millions of other Canadians do not appreciate, is that we have to respond to the bill at all.

I want to recap what the bill would do.

First, this legislation was created as a result of a directive in the Prime Minister's mandate letter to the Minister of Transport dated November 2015.

If passed, this legislation would enact an oil tanker moratorium on B.C.'s northwest coast. The proposed moratorium would be in effect from the Canada-U.S. Alaska border to the northern tip of Vancouver Island.

The legislation would prohibit oil tankers carrying crude and persistent oil as cargo from stopping, loading and unloading at ports or marine installations in the moratorium area. Vessels carrying less than 12,500 metric tons of crude oil would be exempted from the moratorium.

I would suggest that this bill is an open, sneering attack on our oil and gas sector, an anti-pipeline bill poorly masquerading as an environment bill.

Environmental legislation is supposed to be based on science. Bill C-48 is not. It is not science but rather politics and ideology that inform this legislation: Liberal ideology that is as damaging to national unity as it is cynical.

Afer reviewing the bill, which included travelling across the country to hear from witnesses from coast to coast, the Senate transport committee recommended that it not proceed. While the Senate as a whole rescued Bill C-48, the Prime Minister should have taken the hint and withdrawn this anti-energy legislation.

Six premiers, including Premier Scott Moe from my province of Saskatchewan, wrote an open letter to the Prime Minister outlining their legitimate concerns about the anti-oil, anti-energy legislation pushed by the Liberal government here in Ottawa, in particular Bill C-69 and Bill C-48.

The premiers explained the damage that these two pieces of legislation would do to the economy, but more importantly, they warned of the damage this legislation has done and will continue to do to our national unity.

This was not a threat. This was not spiteful. These six premiers were pointing to a real and growing sense of alienation, alienation on a scale not seen since the Prime Minister's father was in office.

Rather than listening to their concerns, the Prime Minister lashed out at the premiers, calling them irresponsible and accusing them of threatening our national unity if they did not get their way.

The premiers are not threatening our national unity; it is in fact the Prime Minister's radical, anti-science, anti-energy agenda that is, but he is refusing to listen.

Since the Prime Minister is refusing to heed these warnings on Bill C-48 and Bill C-69, I am going to take this opportunity to read them into the record now:

Dear Prime Minister,

We are writing on behalf of the Governments of Ontario, New Brunswick, Manitoba, Saskatchewan and Alberta and the Northwest Territories. Collectively, our five provinces and territory represent 59 per cent of the Canadian population and 63 per cent of Canada's GDP. We are central to Canada's economy and prosperity, and it is of the utmost importance that you consider our concerns with bills C-69 and C-48.

Canadians across the country are unified in their concern about the economic impacts of the legislation such as it was proposed by the House of Commons. In this form, the damage it would do to the economy, jobs and investment will echo from one coast to the other. Provincial and territorial jurisdiction must be respected. Provinces and territories have clear and sole jurisdiction over the development of their non-renewable natural resources, forestry resources, and the generation and production of electricity. Bill C-69 upsets the balance struck by the constitutional division of powers by ignoring the exclusive provincial powers over projects relating to these resources. The federal government must recognize the exclusive role provinces and territories have over the management of our non-renewable natural resource development or risk creating a Constitutional crisis.

Bill C-69, as originally drafted, would make it virtually impossible to develop critical infrastructure, depriving Canada of much needed investment. According to the C.D. Howe Institute, between 2017 and 2018, the planned investment value of major resource sector projects in Canada plunged by $100 billion – an amount equivalent to 4.5 per cent of Canada’s gross domestic product. To protect Canada’s economic future, we, collectively, cannot afford to overlook the uncertainty and risk to future investment created by Bill C-69.

Our five provinces and territory stand united and strongly urge the government to accept Bill C69 as amended by the Senate, in order to minimize the damage to the Canadian economy. We would encourage the Government of Canada and all members of the House of Commons to accept the full slate of amendments to the bill. The Senate Committee on Energy, the Environment, and Natural Resources heard 38 days of testimony from 277 witnesses including indigenous communities, industry, Premiers, and independent experts. Based on that comprehensive testimony, the committee recommended significant amendments to the bill, which were accepted by the Senate as a whole. We urge you to respect that process, the committee’s expertise, and the Senate’s vote.

If the Senate’s amendments are not respected, the bill should be rejected, as it will present insurmountable roadblocks for major infrastructure projects across the country and will further jeopardize jobs, growth and investor confidence.

Similarly, Bill C-48 threatens investor confidence, and the tanker moratorium discriminates against western Canadian crude products. We were very disappointed that the Senate did not accept the recommendation to the Senate Committee on Transport and Communications that the bill not be reported. We would urge the government to stop pressing for the passage of this bill which will have detrimental effects on national unity and for the Canadian economy as a whole.

Our governments are deeply concerned with the federal government’s disregard, so far, of the concerns raised by our provinces and territory related to these bills. As it stands, the federal government appears indifferent to the economic hardships faced by provinces and territories. Immediate action to refine or eliminate these bills is needed to avoid further alienating provinces and territories and their citizens and focus on uniting the country in support of Canada’s economic prosperity.

Perhaps having heard the letter read aloud, the Prime Minister will acknowledge that it contains no threats, but rather it is an appeal from leaders who have listened to their constituents. The Prime Minister needs to understand that simply saying things louder is not going to make them go away. Shouting will not put food in the stomachs of the laid-off construction workers' children. Chanting talking points will not pay the gas bill in the middle of winter.

If this were the only piece of legislation that the government had introduced, one might argue that this is an overreaction, but it is not just one piece of legislation, it is a targeted, cynical, ongoing political attack of our resource sector. The Prime Minister has filled his cabinet with vocal opponents of the oil sands. In 2012, the now Minister of Democratic Institutions posted a tweet that read, “It's time to landlock Alberta's tar sands - call on BC Premier @christyclarkbc to reject the #Enbridge pipeline now!”

Then there is the President of the Treasury Board, who said publicly that the approval of the Trans Mountain extension was deeply disappointing and who celebrated when the Prime Minister killed the northern gateway pipeline project. Here I should pause and point out the ridiculous theatrics surrounding the TMX project.

In 2016, the government approved TMX, yet tomorrow, we are told, the government will decide on whether to approve the project all over again. It is like we are in a terrible remake of Groundhog Day. Meanwhile, not an inch of pipeline has been built since the government nationalized Trans Mountain.

However, it is not only the cabinet that the Prime Minister has filled with anti-oil activists, but senior staff positions as well. Here I quote an article from the March 14 edition of the Financial Post:

Prior to ascending to the most powerful post in the Prime Minister’s Office, from 2008 to 2012 Gerald Butts was president and CEO of World Wildlife Fund Canada...an important Tides campaign partner. Butts would use his new powerful position to bring other former campaigners with him: Marlo Reynolds, chief of staff to the Environment Minister...is past executive director of the Tides-backed Pembina Institute. Zoë Caron, chief of staff to Natural Resource Minister...is also a former WWF Canada official. Sarah Goodman, on the prime minister’s staff, is a former vice-president of Tides Canada. With these anti-oil activists at the epicentre of federal power, it’s no wonder the oil industry, and hundreds of thousands of workers, have plummeted into political and policy purgatory.

Why should we be surprised? The Prime Minister is no friend of the oil sands. The Prime Minister stated that he wants to phase out the oil sands and during the election loudly proclaimed, “If I am elected Prime Minister, the Northern Gateway Pipeline won't become a reality”.

The Prime Minister has spent his time in office attempting to do just that and he has been willing to trample on not only the rights of the provinces, but the rights of aboriginal peoples as well to get his way. When the Prime Minister used an order in council to cancel the northern gateway pipeline, he stole the future of 30 first nations that would have benefited enormously from it. This very bill is facing a lawsuit from Laxkw'alaams Indian band for unjustly infringing on their rights and titles.

Bill C-48 will prevent the proposed first nations-owned and operated Eagle Spirit pipeline project from being built as the proposed route to tidewater ends within the area wherein this bill bans tanker traffic. It was done without any consultation with first nations communities. Again, this should come as no surprise.

Just last week I spoke against another anti-energy bill, Bill C-88. As I said then, C-88 makes a mockery of the government's claim to seriously consult with indigenous and Inuit peoples. Without any consultation with Inuit peoples or the territorial governments, the Prime Minister unilaterally announced a five-year ban on offshore oil and gas development. Not only did the Prime Minister refuse to consult the premiers of the territories, he gave some of them less than an hour's notice that he would be making that announcement.

Does that sound like a Prime Minister who wants to listen, consult and work with aboriginal Canadians? Does it reflect the Prime Minister's declaration that his government's relationship with indigenous peoples is their most important relationship or does it sound like a Prime Minister who says what he believes people want to hear and then does the exact opposite by imposing his own will on them? If he had consulted, this is what he would have heard:

Minister Wally Schumann of the Northwest Territories, on how they found out about the ban and the impact it will have on our north, stated:

When it first came out, we never got very much notice on the whole issue of the moratorium and the potential that was in the Beaufort Sea. There were millions and millions, if not billions, of dollars in bid deposits and land leases up there. That took away any hope we had of developing the Beaufort Sea.

Councillor Jackie Jacobson of Tuktoyaktuk said:

It’s so easy to sit down here and make judgments on people and lives that are 3,500 klicks away, and make decisions on our behalf, especially with that moratorium on the Beaufort. That should be taken away, lifted, please and thank you. That is going to open up and give jobs to our people – training and all the stuff we’re wishing for.

Then premier of Nunavut, Peter Taptuna stated, “ We do want to be getting to a state where we can make our own determination of our priorities, and the way to do that is gain meaningful revenue from resource development.”

Mr. Speaker, I note that you are indicating that my time is up. I assume that I will be able to continue at another time.

Oil Tanker Moratorium ActGovernment Orders

June 17th, 2019 / 1:40 p.m.


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Liberal

Lloyd Longfield Liberal Guelph, ON

Mr. Speaker, my constituents in Guelph are concerned about the environmental impacts of oil shipments off our west coast and what Bill C-48 would do to try to mitigate some of those concerns. It is interesting to see the amendments coming back from the Senate, especially to see the independence of the Senate in doing its studies.

Could the hon. member comment on the five-year review process being recommended, that Parliament look at this again in five years to see how things are working, working with all stakeholders and people who have given us input, either through the other place or through the House of Commons, and to see how effective the legislation is?

Oil Tanker Moratorium ActGovernment Orders

June 17th, 2019 / 1:35 p.m.


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Liberal

Terry Beech Liberal Burnaby North—Seymour, BC

Mr. Speaker, Vancouver Island is my previous home town. My friend and I have had the opportunity to work on several pieces of legislation, including in my previous role in Fisheries.

It is important to note the extraordinary history that has led to the creation of Bill C-48. In 1971, a House committee suggested we oppose tanker traffic off the north coast of British Columbia. This was also backed by a unanimous motion by the B.C. legislature, also in 1971, opposing crude oil tankers on the north coast.

Some actions went all the way to 1985, when the first voluntary tanker exclusion zone was negotiated and then formalized in 1988. Of course, this happened just before the major incident in 1989 of the Exxon Valdez spill off the coast of Alaska, just showing how important this measure is.

With regard to the question of the limit of 12,500 metric tons, that was done in consultation with industry, environmental organizations, local governments and indigenous people. We think we got the number right.

Oil Tanker Moratorium ActGovernment Orders

June 17th, 2019 / 1:35 p.m.


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Liberal

Terry Beech Liberal Burnaby North—Seymour, BC

Mr. Speaker, I look forward to discussing, during this question and answer period, our government's approach to balancing the environment and the economy, versus the Conservatives' approach previously, and what is proposed for the future.

There were over 75 consultations with indigenous peoples with regard to the legislation. I listed an extensive number of consultations that happened in previous studies as well. We have studied this issue and this is the appropriate action to take. We hope everyone in the House will support us in passing this amendment and passing the overall legislation in Bill C-48.

Oil Tanker Moratorium ActGovernment Orders

June 17th, 2019 / 1:15 p.m.


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Burnaby North—Seymour B.C.

Liberal

Terry Beech LiberalParliamentary Secretary to the Minister of Transport

Mr. Speaker, on what is likely the last sitting week of the 42nd Parliament, I appreciate the opportunity to outline both the necessity and benefits of Bill C-48, otherwise known as the oil tanker moratorium act. Let me begin by reminding members that Bill C-48 is the fulfillment of an election promise made in 2015. It was later included in both the minister's mandate letter and the Speech from the Throne.

Bill C-48 would provide an unprecedented level of environmental protection for the northern coast of British Columbia and the adjoining Great Bear Rainforest, one of the most pristine and unspoiled places left in Canada, and indeed the world. The Great Bear Rainforest represents approximately one-quarter of the world's remaining temperate rainforest. It is an extraordinarily rich and productive ecosystem that is often described as one of the lungs of the world because of its high oxygen production. The forest is largely intact due to special measures taken by both the federal and provincial governments over many years and by the relentless efforts of local people, including indigenous communities, to protect this extremely valuable ecosystem.

Bill C-48 would be complementary to these efforts, as well as the long-standing and well-respected voluntary tanker exclusion zone agreement between Canada and the United States that keeps Alaskan tankers like the Exxon Valdez far from our coast. Bill C-48 would effectively formalize into legislation a long-standing federal policy dating back to at least the 1970s not to allow large tanker traffic off of the northern coast of British Columbia. In fact, on my first trip to Haidi Gwaii, as the parliamentary secretary to the minister of fisheries and oceans at the time, I procured three posters that were used as fundraisers to campaign for this initial tanker ban in the 1970s, one of which is hanging in my constituency office in Burnaby.

Speaking to local residents, they are concerned about their environment and their way of life. A 2012 study reviewing offshore oil and gas development in British Columbia estimates the total annual benefits of marine-dependent activities in the traditional territories of coastal first nations at more than $30 billion. Unlike other regions in Canada, this policy legacy ensures that there is no existing tanker traffic near this coast. This means that formalizing the moratorium will not disrupt any current jobs or economic activity in the region. In fact, it would help protect existing industries, including fisheries, aquaculture and ecotourism.

Bill C-48 would continue to allow for the shipment of non-persistent oils. What this means is that communities along the north coast of British Columbia would continue to be open to economic development opportunities, including the recently announced $40-billion infrastructure project in Kitimat, B.C. Bill C-48 would not affect the estimated 10,000 jobs that are attached to that particular project. Very importantly, Bill C-48 would help to preserve the cultural and spiritual way of life of coastal first nations. As such, it is part of the Government of Canada's larger commitment to reconciliation with indigenous peoples. As we know, this is something that our government and our Prime Minister consider to be of the highest priority.

Members will recall that Bill C-48 was debated and studied in the House in 2017 and 2018. It was ultimately passed by the elected members of the House of Commons in May 2018, by a vote of 204 to 85. With the support of the Liberal Party of Canada, the NDP, the Green Party and the Groupe parlementaire du Parti québécois, only the Conservatives voted against it.

I would like to take a moment to thank the member for Skeena—Bulkley Valley, whose riding largely overlaps with the proposed moratorium zone and who has been a long-time advocate of formalizing the tanker ban into legislation. Along with our colleague from Vancouver Quadra, he has introduced private member's bills in previous Parliaments proposing a tanker ban, albeit through a different mechanism. He has been working with our government to secure support for this important bill in the other place, and his co-operation is greatly appreciated.

This bill was referred to the other place on May 9, 2018, and has been studied and debated there until just last week, more than a year before it was passed with an amendment and sent back to this chamber. I am grateful for the work undertaken in the other chamber, particularly during report stage and third reading. If colleagues have not had an opportunity to read or listen to some of these debates, I would encourage them to do so. They will be impressed by the high level and seriousness of the debate. Those debates ultimately led to the amendment that is before us today.

The Senate is proposing to modify Bill C-48 in a number of ways, most substantively by requiring a two-stage review. First would be a regional assessment that would be led by the Minister of Environment under authorities that would be established once Bill C-69 came into force.

The Minister of Environment would be required to invite the provincial governments of British Columbia, Alberta and Saskatchewan, as well as indigenous communities in the moratorium area, to enter into an agreement or arrangement respecting the joint establishment of a committee to conduct the regional assessment and the manner in which the assessment is to be carried out. This body would then have up to four years after coming into force to complete the report.

This would then feed into the second stage, a parliamentary review, which would take place five years after coming into force, and which would consider evidence gathered by the regional assessment and conduct further study and hearings before presenting its report to Parliament.

Let me begin by first stating that we acknowledge that this is a thoughtful, creative and substantive amendment. We also recognize that the Senate's amendment, including the regional assessment component, is a well-intentioned and honourable attempt to find a compromise between supporters and opponents of the moratorium, as well as an attempt to depoliticize what has turned into a very contentious debate on this bill by requiring a more technical, evidence-based study.

In terms of the government's response, we support the Senate's call for a parliamentary review of Bill C-48 after five years. During report stage debate in the other place, Senator Sinclair remarked:

I too have concerns about the bill because it does constitute what appears to be an absolute ban on tanker traffic in an area, for good reason that might be applicable today, but I’m not so sure it will be applicable in the future.

He went on to state:

When it comes to how we can improve the bill, one of the options I want to talk to the chamber about is whether we might consider allowing for communities to change their minds at some point in the future and if they all agree that the ban should be lifted, then we would allow the bill to say so.

A parliamentary review after five years would allow such a conversation to take place. Committees could look at scientific evidence and new developments, hold meetings outside of Ottawa and provide an opportunity for all interested indigenous communities, provinces and other stakeholders to express their views.

However, for a number of reasons, we respectfully disagree with the Senate's recommendation to undertake a regional assessment. First, we feel this is unnecessary, given the requirement for a parliamentary review, as I just discussed. Second, there is consultation fatigue, particularly among communities living in northern B.C. and coastal first nations, after many years of reviews and studies.

A non-comprehensive list of these reviews includes the Senate transport committee study of Bill C-48 in 2019; Transport Canada consultations with communities and stakeholders held in 2016 and 2017, prior to the introduction of Bill C-48; the Canadian environmental assessment and National Energy Board review panel of Enbridge's northern gateway pipeline proposal, held between 2010 and 2012; the Natural Resources Canada public review panel on the Government of Canada moratorium on offshore oil and gas activities in the Queen Charlotte region of British Columbia in 2004; the B.C. scientific review of offshore oil and gas moratorium in 2002; the joint Canada-B.C. west coast offshore exploration environmental assessment panel” in 1986; the federal west coast oil ports inquiry in 1977; and, last but not least, the House of Commons Special Committee on Environmental Pollution in 1970-1971. I was almost tired going through the whole list, never mind the actual reports themselves.

It is important to note that many of the reviews I mentioned were led by regulators and bureaucrats, not politicians. They looked in detail at scientific evidence in a more technical way than parliamentary committees typically do. However, none of them led to a resolution of the fundamental political disagreements over this issue. At the end of the day, many of the scientific questions about whether or not it is safe or advisable to move crude oil in tankers off this particular coast are endlessly debatable. There is no reason to believe that yet another lengthy and expensive study would bridge these differences of opinion, especially one starting so soon after the coming into force of Bill C-48.

To be clear, the amendment proposes to start yet another review only 180 days after Bill C-48 comes into force. At some point, a decision needs to be made based on the best evidence available and using the best judgment of parliamentarians about what is fair and reasonable, taking into account the wider Government of Canada approach on energy and the environment and on reconciliation with first nations.

Furthermore, there is, in our view, a need for a cooling-off period and a break to allow passions to settle and to take a breath. Coastal first nations have been fighting for a bill like this for almost 50 years. They deserve a break and some peace of mind.

Finally, the proposed approach would result in a lack of clarity over whether the authority provided to the Minister of Environment in Bill C-48 would be inconsistent or in conflict with the authority provided to the Minister of Environment in Bill C-69.

For all these reasons, the government is proposing to accept the Senate amendment but in a modified form. We accept adding a parliamentary review five years after coming into force, but respectfully disagree with the requirement to hold a regional assessment. We feel this is a fair compromise with our colleagues in the other place and will allow them to achieve much, if not all, of what they intended, namely an opportunity to re-evaluate the law after a number of years.

Turning back to the bill itself, much of the debate on Bill C-48 so far has revolved around the question of why legislation is being proposed that effectively bans oil tankers from operating off the coast of northern British Columbia and not elsewhere in the country. Critics of the bill contend that this is arbitrary and unjustified, but I would argue that nothing could be further from the truth.

As the Minister of Transport explained when he appeared before the Senate transport committee, there are a number of factors that, when combined together, account for the uniqueness of the situation in northern British Columbia and the need for special measures to protect it.

The most obvious, unique attribute of British Columbia's pristine north coast is the ecological significance of the area. The coastline runs along one of the last temperate rainforests left in the world and, even more rare, one of the very few to remain largely intact. These kinds of forests are unusually productive and support an extraordinarily rich web of biodiversity. The interface between the marine, coastal and terrestrial environments in this part of B.C. is seamless.

The Senate transport committee heard from experts who testified both to the unusually pristine nature of this ecosystem and to its vulnerability to the effects of a major oil spill. Canada has a kind of jewel in the Great Bear Rainforest, which needs to be treasured and preserved for future generations. This is a responsibility we owe not only to ourselves but to the world. The precautionary principle, a principle I debated often within my previous role in Fisheries and Oceans, is fully justified in this case.

A second distinguishing factor is the long-standing policy legacy, at both the federal and provincial levels, of extending special protections to this part of the country. In essence, Bill C-48 would simply formalize an already well-established policy of barring oil tankers from this coast. As such, it would not be disruptive to any existing industries or employment, very much unlike the case if we were to propose such a moratorium off the coast of Newfoundland or Nova Scotia, or for the St. Lawrence, for example.

A third factor that differentiates the northern coast of British Columbia is its shear size and remoteness and the navigational hazards of operating in these waters.

Environment Canada classifies the Hecate Strait as the fourth most dangerous body of water in the world for shipping. Winds of 100 kilometres per hour and waves between eight and 10 metres are not uncommon in both the Hecate Strait and the Dixon Entrance. These combine to make spill response more challenging than in more populated, built-up areas like the south coast, the St. Lawrence or the east coast. Although our government is dramatically boosting our capacity to respond to accidents through our $1.5 billion oceans protection plan, resources cannot be unlimited. It will continue to be the case that northern B.C. will present special challenges, particularly during bad weather which is common on these seas.

Last, Bill C-48 is responding to a more than 40-year campaign by local people, and especially indigenous communities, who live along the coast to formalize the moratorium banning oil tankers. While it is true that opinion among indigenous communities is not universal, a clear majority of these communities that are situated in the proposed moratorium area want to pass this law. Most important, the communities that would be most vulnerable to the impacts of an oil spill, such as the Haida and the Heiltsuk, have campaigned persistently for this bill. As such, it is part of our government's larger commitment to reconciliation with the first nations.

While I am sympathetic to the voices of indigenous groups further inland, which might like to participate in the economic benefits of a future, yet highly notional, pipeline that would go to the northern coast of B.C., I cannot disregard what a major oil spill would mean economically, culturally and spiritually to those who would bear the brunt of its effects. They deserve the peace of mind that Bill C-48 would bring them.

I note as well that coastal first nations have been joined by their neighbours in communities such as the city of Prince Rupert, the village of Queen Charlotte, the district of Kitimat, the city of Terrace, the town of Smithers, and the Skeena-Queen Charlotte regional district, which have all passed resolutions or written letters in support of the moratorium. There is also support by the Province of British Columbia.

In the short time that I have been in the House, I have had the opportunity to work on the government's $1.5 billion oceans protection plan, revisions to the Oceans Act in Bill C-55, restoring protections and introducing modern safeguards to the Fisheries Act via Bill C-68 and working to restore our whale population with our $167 million action plan.

We have expanded our marine protected areas from less than 1% under the previous government to over 8%. At the same time, we have reduced unemployment to historic lows, lifted 825,000 Canadians from poverty and Canadians have created more than a million new jobs.

It is the responsibility of any government to work hard to protect and restore the environment while growing the economy and creating more opportunities for Canadians. To do this successfully, we must balance competing demands and constraints, and I believe Bill C-48 would help us accomplish this balance.

I would like to quote a colleague from the other place, Senator Harder, who recently remarked:

I hope that, one day, the people of the coast will tell the story of when their grandparents came to Ottawa to pass Bill C-48. I hope [we]...tell the story of how Canadians worked together to save the environment at this testing time.

It is time this bill was passed. I hope our colleagues in the other place will join our government in at long last making this a reality.

Transport, Infrastructure and CommunitiesCommittees of the HouseRoutine Proceedings

June 14th, 2019 / 12:15 p.m.


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Conservative

Matt Jeneroux Conservative Edmonton Riverbend, AB

Mr. Speaker, Conservative members of the Standing Committee on Transport, Infrastructure and Communities support the committee's report that was just tabled, as transportation corridors are integral to the safe and efficient flow of goods in and out of Canada. However, we felt it necessary to supply a complementary report as the main report does not include three important recommendations that we heard loud and clear.

Those recommendations are the following: that the government of Canada eliminate the federal carbon tax and work co-operatively with individual provinces on the carbon reduction plan; that the Government of Canada withdraw Bill C-69, because it will create delays and uncertainty for proponents of projects related to transportation corridors; and that the Government of Canada withdraw Bill C-48, because it will have a negative impact on Canada's reputation and is not based in science or navigation practices.

During our brief study, we heard testimony by witnesses from Quebec and the Maritimes on the negative impact these Liberal policies would have on Canada's transportation corridors.

I encourage the Minister of Transport and the Minister of Environment and Climate Change to read our supplementary report, but if they do not have time for that, I hope they will simply adopt our recommendations. We believe that doing this will greatly support Canada's transportation system and our vitally important trade corridors.

Natural ResourcesOral Questions

June 14th, 2019 / 11:40 a.m.


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Conservative

Chris Warkentin Conservative Grande Prairie—Mackenzie, AB

Mr. Speaker, it has been a tough week for Alberta here in Ottawa.

The Prime Minister has rammed through his anti-pipeline, anti-energy bills, Bills C-69 and C-48, and announced a carbon tax for the province of Alberta. These attacks are driving investment and opportunity out of the province.

Without a hint of irony, this very morning those same Liberals announced their western Canada job strategy. It is like hiring the arsonists to rebuild the house after they lit the fire.

When will the Liberals realize that the only growth strategy that will work is if they end their attack on Canada's energy sector?

Fisheries ActGovernment Orders

June 14th, 2019 / 10:05 a.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, it is an honour to once again be here to talk about the Senate amendments to Bill C-68.

I would be remiss if I did not talk about what we have witnessed over the last three and a half years, this week and last night, with the egregious affront to our democracy. It is pertinent to this discussion, because what we have seen with Bill C-68, Bill C-69, Bill C-48 and Bill C-88 is the government's attempt to subvert democracy to pass legislation that is really payback for the assistance the Liberals received in the 2015 election.

Last night, we had the debate, or the lack of debate, on Bill C-69. There were hundreds of amendments from the Senate, and the government forced closure on that debate without any debate whatsoever. Even the Green Party, in its entirety, stood in solidarity with the official opposition to vote against the government on this. That says something.

Bill C-68 is the government's attempt, in its members' words, to right the wrongs of the former Conservative government in amending the Fisheries Act in 2012. The Liberals said that the Conservatives gutted the Fisheries Act. The bill would replace the wording for HADD, the harmful alteration, disruption or destruction of fish habitat. However, we studied this. We consulted on this, and not one example was given. When pressured yesterday, throughout the last week and throughout the last year, not the minister nor anyone from the government was able to provide one example of where the 2012 changes to the Fisheries Act by the previous Conservative government led to the harmful alteration, disruption or destruction of fish habitat. As a matter of fact, despite the government's assertions that changes to the Fisheries Act are necessary to restore the lost protections for fish and fish habitat, the government's response to Order Paper Question No. 626 showed that the government had no record of harm or proof of harm to fish or fish habitat resulting from the 2012 changes.

On November 2, 2016, the then Minister of Fisheries and Oceans appeared before the fisheries committee and stated that “Indigenous people have expressed serious concerns with the amendments made to the [Fisheries Act]” and that his department was “holding face-to-face meetings with various indigenous groups and providing funding so that they can attend these meetings and share their views on the matter”. However, according to the government's response to Order Paper Question No. 943, DFO did not undertake any face-to-face consultation sessions in relation to the review of the changes to the Fisheries Act in the 2016-17 fiscal year.

The Liberals have stood before Canadians in the House and have been disingenuous. They continue to use the same eco-warrior talking points we see from Tides, Greenpeace and the World Wildlife Fund, which is essentially an attack on our natural resource sector, whether that be forestry, fisheries, oil and gas, mining or agriculture. That is what Bill C-68, Bill C-88, Bill C-48 and Bill C-69 are attempting to do. They want to shut down anything to do with natural resources.

In the Senate right now, Bill C-48 is being debated. It deals with the tanker moratorium on the west coast, yet we have double and triple the number of tankers on the east coast, but it does not matter. We do not see groups like Greenpeace, Tides and the WWF protesting those ships and oil tankers from foreign nations that have far more egregious human rights issues than what we have here in our country.

Dirty oil is flowing through our eastern seaport, but there has not been one mention of that by the government. Instead, it wants to shut down anything to do with western Canada's economic opportunities, and that is egregious and shameful, and that is why we are here today.

The Senate amendments with respect to Bill C-68 were decent amendments. They folded into Bill S-203, the cetaceans in captivity bill, and Bill S-238, the shark finning bill.

For those who are not aware of the shark finning bill, it would ban the importation of shark fins, with the exception that they must be attached to the carcass. Shark fin is a delicacy in some Asian cultures and is used in soup and medicinal products. We asked officials at committee if shark fin in any form could be imported into our country, and they replied that it could be imported in soup. That was their testimony. When pressed further on this, they said, “soup is soup”.

The whole intent of Bill S-238 is to stop the importation of shark fins so that shark fin soup may be stopped or that at least the fins would be imported into the country with the entire carcass used. That is a fairly reasonable thing to ask.

The other Senate amendments to Bill C-68 that are important are with respect to the inshore fishery. We heard time and again that the inshore fishery is important to Atlantic fishermen. Adjacency and the inshore fishery are the same thing, but the language is different on either coast. It is important to our coastal communities and fishermen who depend on fishing for their livelihood.

Another important Senate amendment is with respect to third-party habitat banking. I went into great detail about what third party habitat banking means in terms of fish habitat. That was a reasonable amendment put forward by a Conservative, and all senators agreed with it.

Interestingly enough, before the Senate finished studying the bill, the minister directed our fisheries committee to study third-party habitat banking. Prior to the fisheries committee getting a chance to study it, the Liberals scrapped any of the third party habitat banking amendments brought forth by the Conservative Party and agreed to by independent senators. It was an exercise in futility.

Senator Wells, who appeared before committee just the other day, said that by all accounts, it appeared that the only people who were interested in protecting fish and fish habitat were those around the table, and the only people who were against protecting fish and fish habitat with respect to third party habitat banking were the officials. That is odd.

I want to talk again about why we are here. I spoke at length about the influence of third party groups at the highest levels of our offices. I will remind the House that the former chief adviser to the Prime Minister, Gerald Butts, was the president and CEO of the World Wildlife Fund. The Prime Minister's new director of policy is a former top executive at Tides Canada.

Why is this important? It is important because these are the very organizations whose mandate is to shut down Canada's resources every step of the way and to tarnish Canada's natural resource sector on the world stage.

It says right on their own websites that they were going to use celebrities, their media and their influence to tarnish Canada's oil and gas and forestry to attack and landlock our resources. They have now permeated every office in this government.

In 2015, 114 third parties poured $6 million into influencing the election outcome, and many of those parties were funded by the U.S.-based Tides foundation. The World Wildlife Fund is deciding fisheries policy on the east coast.

As the shadow minister for Fisheries, Oceans and the Canadian Coast Guard, I went to meetings with the former fisheries minister, and there were no fisheries stakeholders there. The table was surrounded by environmental groups. We are placing a higher priority on these environmental groups than we are on the stakeholders who make their living and depend on our natural resources for their economic well-being.

Late last night, I took another phone call about another mill closure in my riding of Cariboo—Prince George. I know that colleagues understand our economic plight in western Canada. We have seen a lot of emotion over the last weeks and months about the plight of the west. The reality is that we are losing our jobs, and we do not have other opportunities. It is not that we are against the environment, unlike what a parliamentary secretary said yesterday, in response to Bill C-88, which is that the Conservatives blame the Liberals for putting such a high priority on the environment. That is not true. We blame the Liberals for putting such a high priority on environmental groups, not on the stakeholders, indigenous peoples and our local communities that depend on our natural resources for well-paying jobs to provide for their families.

There are hundreds of workers in my riding and adjacent ridings, and thousands of workers across the province of British Columbia, who are waking up today to more work curtailment and job closures. That is shameful.

When the House hears our emotion and concern when we raise the issues, it is not that we are against the environment, as much as the Minister of Environment would like people to believe that. It is that these policies the government has put forth have shaken the confidence of industry. They have a real impact. They may not impact those members of Parliament from downtown Toronto or in major urban centres, but they impact rural Canadians, and that is the truth.

I am going to close by reminding the House that this House does not belong to any of us who are in here. We are merely vehicles to be the voices of the electors. There are 338 members of Parliament in this House. Last night, we saw one courageous Liberal who stood against what her government was doing. We have been placed here to be the voices of those who elected us.

Despite saying in 2015 that they would let debate reign, the Liberals have time and again forced closure and time allocation on pieces of legislation. In doing so, they have silenced the voices of the electors who have put us here.

I would like to move the following motion, seconded by the member for North Okanagan—Shuswap:

That the motion be amended by deleting all of the words after the word “That” and substituting the following:

“the amendments made by the Senate to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, be now read a second time and concurred in.”

Mackenzie Valley Resource Management ActGovernment Orders

June 13th, 2019 / 1:55 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I am merely reading a quote from a concerned indigenous leader, who the Liberals say stand up for. Clearly they do not, which is probably why they take offence.

Stephen Buffalo, president and CEO of the Indian Resource Council, said:

Since his government was elected in 2015, [the] Prime Minister...has repeatedly spoken about his personal commitment to a new relationship with Indigenous people in Canada. In action, however, he has clearly privileged those Indigenous peoples, our friends and relatives, whose perspective aligns with the more radical environmental movement.

Stephen Buffalo also said:

When pipeline opponents use the courts to slow or stop pipelines, they undermine our businesses, eliminate jobs in our communities and reduce the amount of money flowing to our governments.

Why do I bring that up? Over the last four years, time and again the Liberals have stood and have said that only they no better. They point fingers and say that a certain government did this or that and that they know the NDP will not do this. The Liberals had four years, and Canadians are now learning that it was all just talk; all show, no go.

Bill C-88 is nothing more than an all talk, all show and no go type of bill. It is shameful to have bills such as Bill C-69, Bill C-48 and Bill C-88.

Bill C-88 would give the minister the authority to shut down the north and essentially turn it into a park, taking away any economic opportunity for indigenous peoples and those who live there. That is the worry.

Members can sit here and listen to all the talking points of the Liberals, but the reality is that they are being disingenuous. They will stand here, as I said earlier, with their hands on their hearts and say that it is all about reconciliation. We know that it is the opposite because they have proven it time and again.

In the 2015 election, on day 10, the member for Papineau, who is now the Prime Minister, told Canadians that he would not resort to such parliamentary tricks as omnibus bills. He told Canadians that he would balance the budget by 2019. He also told Canadians that he would let the debate reign. What did he mean? It means that he would not invoke closure or time allocation on bills.

I remind those in the House, in the gallery as well as those listening that this is your House. You have elected the 338 members of Parliament to be your voice. When the government invokes closure, it silences your voice. It is silencing the electors who elected the opposition.

Mackenzie Valley Resource Management ActGovernment Orders

June 13th, 2019 / 1:40 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, what is sad is that the term “reconciliation” has become a buzzword under the government. I take this to heart.

Many members know I have stood in the House, time and again, and have said that my wife and children are first nations. It is troubling for me when some members stand in the House, put their hands on their hearts and say that it is in the best interests of reconciliation, not just with respect to Bill C-88 but also Bills C-69, C-48, C-68 as well as the surf clam scam that took place earlier in this session.

The only part I will agree with in the hon. parliamentary secretary's intervention was when at she said there was enough blame to go around. Nobody should be pointing fingers, saying one group is better than another group. Reconciliation is about creating a path forward. It is not about pitting a first nation against a first nation or a first nation against a non-first nation. It is about how we walk together moving forward.

What I am about to say is not related to all members on both sides of the House. Some members truly understand this. However, time and again some Liberals will stand in the House and say that they support reconciliation or that this is all about reconciliation. Then a heavy-handed policy comes down or words are said, which we call “bozo eruptions”, and there is regret afterward.

I will go back to how we started the spring session. The first female indigenous Attorney General in our country spoke truth to power, and we saw what happened to her.

Bill C-88 is interesting, because it looks to reverse the incredible work our previous government did in putting together Bill C-15.

I will read a quote from our hon. colleague across the way when she voted for Bill C-15. She stated:

As Liberals, we want to see the Northwest Territories have the kind of independence it has sought. We want it to have the ability to make decisions regarding the environment, resource development, business management, growth, and opportunity, which arise within their own lands.

The parliamentary secretary has offered a lot of excuses today as to why she voted for it, such as she was tricked or voted for it for a specific reason. It is easy for members to stand after the fact and say, “I could have, would have, should have” or “This is the reason; my arm was twisted.” However, if we do not stand for something, we will fall for anything. That is what we have seen with the government taking up the eco-warrior agenda to pay back for the 2015 election. That is why we have Bills C-68, C-69, C-48 and C-88.

The parliamentary secretary wants to talk about how Bill C-88 would empower our first nations. Let me offer the House a few quotes.

Mr. Merven Gruben, the mayor of the Hamlet of Tuktoyaktuk, stated:

Tuk has long been an oil and gas town. Since the first oil boom, or the whalers hunting whales in the late 1800 and early 1900s, we have grown up side by side with industry. We have not had any bad environmental effects from the oil and gas work in our region, and we have benefited from the jobs, training and business opportunities that have been available when the industry has worked in Tuk and throughout the north, the entire region.

Never in 100-plus years has the economy of our region, and the whole north, looked so bleak for the oil and gas industry, and for economic development, generally. All the tree huggers and green people are happy, but come and take a look. Come and see what you're doing to our people. The government has turned our region into a social assistance state. We are Inuvialuit who are proud people and who like to work and look after ourselves, not depend on welfare.

I thank God we worked very closely with the Harper government and had the all-weather highway built into Tuk. It opened in November 2017, if some of you haven't heard, and now we are learning to work with tourism. We all know that's not the money and work that we were used to in the oil and gas days that we liked.

He further states:

Nobody's going to be going up and doing any exploration or work up there.

We were really looking forward to this. There was a $1.2-billion deal here that Imperial Oil and BP did not that far out of Tuk, and we were looking forward to them exploring that and possibly drilling, because we have the all-weather highway there. What better place to be located?

The Hon. Bob McLeod, the premier from the Northwest Territories, said that the moratorium was “result of eco-colonialism”.

I speak of the moratorium. The Liberals want to talk about all the work they are doing in standing up for the north and the indigenous peoples in the north. It was just before Christmas when Prime Minister travelled to Washington, D.C. to make the announcement with the then United State President, Barack Obama. There had been zero consultation with northerners, despite consistent rhetoric about consulting with Canada's indigenous peoples. Prior to decision making, the resolution was made unilaterally from the Prime Minister's Office.

The indigenous peoples and the people from the Northwest Territories had about an hour's notice with that. Wally Schumann, the Ministry of Industry, Tourism and Investment, Minister of Infrastructure for the Northwest Territories, stated:

I guess we can be very frank because we're in front of the committee. When it first came out, we never got very much notice on the whole issue of the moratorium and the potential that was in the Beaufort Sea. There were millions and millions, if not billions, of dollars in bid deposits and land leases up there. That took away any hope we had of developing the Beaufort Sea.

Merven Gruben said:

I agree the Liberals should be helping us. They shut down our offshore gasification and put a moratorium right across the whole freaking Arctic without even consulting us. They never said a word....

Our hon. colleague, the parliamentary secretary, in response and to pre-empt my speech, called us the government on the other side. We are the government in waiting. We will be government in October. She said that the guys across the way would criticize the Liberals for caring too much about the environment. That is incorrect. We criticize them because they put the priorities of the environmental groups like Tides, World Wildlife Fund and like Greenpeace ahead of the local stakeholder, the indigenous peoples who are saying that they are tired of being poster boys for these eco-groups.

If my colleagues do not believe me, I will read some quotes.

Calvin Helin, chair of Eagle Spirit Chiefs Council, said “What the chiefs are starting to see a lot now is that there is a lot of underhanded tactics and where certain people are paid in communities and they are used as spokespersons.” He also said, “Essentially (they are) puppets and props for environmental groups to kill resource development” and “It’s outrageous and people should be upset about that…the chiefs are....”

Also, Stephen Buffalo, president and CO of the Indian Resource Council said, “Since his government was elected in 2015, Prime Minister Justin Trudeau has repeatedly—

Bill C-100—Time Allocation MotionCanada–United States–Mexico Agreement Implementation ActGovernment Orders

June 13th, 2019 / 12:15 p.m.


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Liberal

Bardish Chagger Liberal Waterloo, ON

Madam Speaker, I have good news for the member. What we are saying today is that we should not only have debate on this legislation but also put it to a vote. After we vote on this legislation, it goes to committee. That is how the process works. Members of Parliament sit on committees. The committee to which we send this legislation will be able to continue studying it.

The member has spoken on numerous occasions about her oath to office and about how her oath is to serve her constituents. The very statistics she just provided are all the more reason this legislation should be sent to committee for study. It should be sent back, and we should be able to advance a trade deal for Canadians. Canada is a trading nation. Rather than talk about it, like the Conservatives are now wanting to do, let us actually act on it. Let us deliver for Canadians, to satisfy that very oath the member took for her constituents: Queen and country, I believe, are the words she repeats.

I will remind everyone that the Conservatives chose not to discuss the legislation during the debate on Tuesday, June 11. The member for Niagara West spoke about the carbon price, Bill C-48 and others, but refused to talk about CUSMA. The member for Calgary Forest Lawn spoke about China and foreign policy rather than about the CUSMA legislation. They have had ample opportunities, but they are trying to stop us from advancing this legislation. That does not sound like a party that supposedly supports Canada being a trading nation.