Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-638, which would amend the Canada Shipping Act.

I would like to provide the House with an overview of the current provisions under the Canada Shipping Act, 2001, pertaining to wrecks and their cleanup. I would like to speak to the history of the Canada Shipping Act, 2001, and how it has evolved over the years to further enhance the safety of navigation in the marine environment, and Transport Canada's plan for a proactive solution to the issue of abandoned vessels and wrecks.

As members are aware, Transport Canada's role under the Canada Shipping Act, 2001, is vast in nature. The Canada Shipping Act is Canada's principal legislation governing safety in marine transportation and recreational boating, as well as the protection of the marine environment. It applies to Canadian vessels operating in all waters and to all foreign vessels operating in Canadian waters, including recreational boats, cruise ships and large tankers. The act promotes the sustainable growth of the marine shipping industry without compromising safety and is responsive to the needs of Canadians in the global economy.

Transport Canada plays a large role in the administration of the provisions under this act, including the receiver of wreck functions under part 7. In addition, the Canada Shipping Act, 2001, represents a greatly updated and streamlined version of the old Canada Shipping Act, including enhanced safety provisions and better protection for the marine environment, with more focus on owner and operator responsibilities, ultimately strengthening the requirements for spill prevention and spill preparedness.

In this vein, Transport Canada continues to work closely with the Department of Fisheries and Oceans on the administration of the provision under part 8 of the Canada Shipping Act, 2001, pertaining to ship-source pollution, including prevention and response regimes, in Canadian waters.

As previously stated, the current federal government regime for the removal, disposal and destruction of wrecks in Canadian waterways is Transport Canada's responsibility under the receiver of wreck provisions of the Canada Shipping Act, 2001, part 7. The receiver of wreck functions are administered by Transport Canada navigation protection program, which is also responsible for the removal of obstructions to navigation, including wrecks in Canada's major waterways.

It is important to note that under the Canada Shipping Act, 2001, the receiver of wreck may deal with a wreck, generally speaking, when the owner is unknown and if the person who reported the wreck finds and takes possession of a wreck in Canada, or brings a wreck into Canada. In addition, the role for the receiver of wreck is to try to locate the owners of wrecks within a reasonable time period, which is 30 to 90 days, depending on the circumstances. If, within that period of time, the owner is not known, the receiver of wreck may authorize the removal, disposal or destruction of the wreck by a third party.

Currently, under part 7 of the Canada Shipping Act, 2001, the receiver of wreck assesses each wreck on a case by case basis to determine whether action is required. Due to technical considerations, such as location, depth, size, or condition of the wreck, the most appropriate response may be to leave the wreck in its current location and, if applicable, remove pollution threats.

A review of Bill C-638 raises concerns regarding some of the proposed provisions.

Bill C-638 would require the receiver of wreck to take action on every wreck, including the requirement to take reasonable measures to locate the owner of the wreck, regardless of its location and condition.

Our government understands the importance of the issues surrounding abandoned and wrecked vessels, but the proposed bill focuses solely on the remediation of wrecked vessels and does not include requirements for vessel owners to prevent a vessel from becoming a wreck.

Be assured that Transport Canada has made efforts to research existing programs that deal with derelict and wrecked vessels, including the Washington State derelict vessel removal program. Washington State program officials shared what they learned about their experience in the initial implementation of a remediation program. It was concluded that remediation without prevention can have unintended consequences, such as encouraging vessel owners to abandon their unwanted vessels, relying on the federal government for their disposal.

Today, the program's success is attributed to measures to increase the accountability on the part of the owners of vessels and robust enforcement and engagement with partners.

I would like to reiterate that the Government of Canada recognizes that vessels of concern, including abandoned vessels and/or wrecked vessels, can pose marine navigation hazards, public safety risks, environmental threats and economic costs. In response to this issue, Transport Canada, in partnership with other federal departments such as the Department of Fisheries and Oceans, is currently examining the gaps in the existing system to deal with these types of vessels.

Together, we will build an approach that will focus on prevention. It is important that owners take responsibility for the full life cycle of their vessels. This is why Transport Canada will develop and implement a public outreach strategy targeting vessel owners, advising them about responsible vessel ownership and life cycle management. As mentioned previously, prevention is key in achieving a positive end result.

In closing, the current Canada Shipping Act, 2001 regimes for receiver of wreck and pollution prevention and response continue to effectively deal with those abandoned vessels and wrecks that have an immediate safety and environmental impact. Bill C-638 is intended to address all vessels, including those that do not pose a risk to navigation safety or the environment. The bill would impose mandatory measures to deal with all wrecks at the cost of taxpayers, instead of placing the obligation where it belongs, with vessel owners. It is for these reasons that the government does not support Bill C-638.

We are confident that our government's proactive approach to educate vessel owners on the prevention of abandoned vessels and wrecks will assist in addressing the broader issue of vessels of concern and wrecks in Canadian waterways. Furthermore, we will continue to work with international partners in support of a global vessel life cycle management approach to dealing with wrecks.

Wladyslaw Lizon

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