Statement made on 03 June 2009 by Senator Terry Mercer
Hon. Terry M. Mercer:
Honourable senators, it is an honour for me to rise to say a few words on Bill C-7, An Act to amend the Marine Liability Act.
Honourable senators know that the purpose of this lengthy bill is to clarify and update the responsibilities of marine transport, specifically concerning passengers, industry standards and environmental protection. This bill will also implement rules to bring our laws in line with international law with respect to marine liability and security.
While I believe this bill has merit, I will make some comments on its contents, specifically concerning the protection of our environment as well as liability issues for major and minor industries and the protection of passengers.
Honourable senators, I was glad to see that major stakeholders in the marine industry were consulted to prepare this legislation. It is always a good idea to hear from those people who work in the industry and who must follow the rules that we impose on them.
Honourable senators, one of the most important intentions of Bill C-7, as I see it, is to clarify liability rules and regulations in order to provide greater environmental protection in the event of accidents that could unduly harm our marine environment. For example, in the event of an oil spill, the proposals of this bill follow the "polluter pays" principle, which is in line with international convention and does not put the onus on the taxpayer — a good idea.
Currently, it is the liability of the vessel owner, along with our inclusion in international compensation funds, to provide those areas damaged in the event of an oil spill up to $545 million per incident. We all know that the environmental damage for these types of accidents could be much greater than that amount.
The amendments provided by Bill C-7 allow Canada to join the international Supplementary Fund Protocol. This would increase the maximum compensation for oil spill damage to $1.5 billion. I think we can agree this change is a good one, albeit still not enough in the event of a major oil spill.
It is interesting that the funding levels for these international funds are included in the bill. The funds derive their support from levies placed on ports importing oil, not exporting oil. This provision is good for provinces like Nova Scotia and Newfoundland and Labrador that could start producing and exporting more oil in the near future, thereby becoming a beneficiary of this provision.
Honourable senators, Bill C-7 also includes such things as changing liability limits for commercial or public vessels carrying passengers, as well as regulations that require operators of commercial or public purpose vessels to maintain insurance to protect their passengers — also a good idea.
I have concerns surrounding some of the issues contained in the bill, specifically when it comes to adventure tourism activities. The industry is important for my own home province of Nova Scotia and, indeed, the whole country.
For example, one can go white-water rafting about 30 miles up the Ottawa River. This act will address some of the protection that one needs. I once went white-water rafting on the Ottawa River and was asked to sign a waiver. I had no idea whether the provider of the service had insurance, but this bill will ensure that there is some protection for everyone in this process.
Some expressed concern when the bill appeared before the committee in the other place, and I look forward to possibly hearing from them at our committee.
Honourable senators, one last thing I would comment on is the protection of payments to Canadian shippers. The bill seeks to create a maritime lien against foreign vessels for unpaid invoices to Canadian suppliers. In these tough economic times, this is most welcome, considering many companies in Canada require all their money in order to fulfill operating costs and not end up closing shop. Of course, being a senator from Nova Scotia and specifically from Halifax, where many people are supplying many of these ships, this is good news for my people at home.
I look forward to hearing from the minister when this bill appears before the Standing Senate Committee on Transport and Communications, as well as officials from the department and major stakeholders in the industry. This is a fairly lengthy bill that does require some study, and I look forward to doing just that.