Mr. Speaker, I am pleased to rise and speak in support of private member's motion M-40 on abandoned and derelict vessels.

Before I start I wish to thank the hon. member for South Shore—St. Margarets on behalf of the government. As a representative of a beautiful coastal region in Nova Scotia, the hon. member and the people she represents have first-hand experience with this issue and the complications it poses.

The Government of Canada recognizes that abandoned and derelict vessels, including shipwrecks, are a growing problem for local communities. The potential issues are known. They can present fire and other hazards that threaten the security of surrounding infrastructure. They can place local fisheries and aquaculture businesses at risk. They can create negative economic impacts by taking up scarce moorage space at wharfs causing loss of revenue to property owners and local communities or by reducing the tourism draw of some of Canada's most picturesque waterfront communities. Additionally, the average age of Canadian vessels continues to rise so it is clear a solution is needed.

It is important to recognize that while most boats are disposed of properly, a small percentage of abandoned and wrecked vessels threaten to impact Canada's coastal and freshwater communities.

It is also important to clarify that not all abandoned and derelict vessels pose the same hazards and a risk-based approach is needed to ensure that the most hazardous vessels are addressed. This is where local and provincial partners can play an important role as they are well-placed to help determine which vessels pose the greatest risk to their local communities.

Although we may never eliminate all abandoned and derelict vessels, all stakeholders and all levels of government must work together to address the real risks that hazardous vessels pose.

Dealing with these hazardous vessels can be very expensive. It may require court proceedings to compel owners to take action on their vessels. That is of course if the owner is known. In other cases, irresponsible owners have simply walked away and chosen to no longer bear any responsibility for their property.

The first challenge, a key challenge we face, is the current regulatory and legal regime that governs abandoned and derelict vessels.

Under the Constitution Act, 1867, the federal government is exclusively responsible for matters related to navigation and shipping, but that legislation does not give us a comprehensive legal framework to address abandoned or derelict vessels that pose immediate risk to navigation, the marine environment, or safe operations of our waterways. This is clearly the first challenge we need to address.

Furthermore, current federal acts and regulations target the impacts from vessels, such as pollution or obstructions to navigation. They are designed to directly address the issue of abandonment and ultimately identify the owner of a vessel to hold him or her responsible.

The second challenge we face is clarifying roles and responsibilities. The issue is complex and involves a wide range of legal, economic, and social factors that fall under the jurisdiction of several federal departments and levels of governments in Canada. Allow me to explain the current scheme.

When a boat is a risk to navigation, Transport Canada acts. When a boat is a pollution risk, the Canadian Coast Guard is responsible to respond. Environment and Climate Change Canada also has a role to play in managing pollution incidents by providing advice to responders 24 hours a day, seven days a week. Moreover, Fisheries and Oceans Canada is responsible for boats abandoned in small craft harbours and provides scientific advice on risks to aquatic species and fisheries.

Likewise, provinces, territories, local governments, and indigenous organizations also have a role to play. Some own the land below the water and have shared jurisdiction over a boat anchored or moored there. They are also generally responsible for matters related to waste management, private property, and law enforcement. They are the eyes and ears along most waterways and know most about where these problem vessels are located and the hazards they pose.

We also need to recognize that action may not be required on every single vessel. We need a way to identify those vessels that pose the highest immediate risk.

The third challenge is the ability to track vessels and owners, follow up on vessels that pose a threat, and support remediation.

It is evident that Canada cannot continue with a boat-by-boat approach to abandoned and derelict vessels. We need a proactive, national strategy to address the problem.

The government's support of Motion No. 40 clearly signals our ongoing commitment to move forward with concrete actions to tackle this issue. We must first focus on prevention and ensure that Canada's waters do not become a dumping ground for abandoned and derelict vessels. We must ensure we can hold owners responsible for their vessels. This would be particularly helpful to address the great number of pleasure crafts that are abandoned in Canada.

Motion No. 40 supports the government's commitment to protect Canada's freshwater resources and oceans. It proposes that the government address gaps in existing authorities, for which we are devoted to working with provincial, territorial, local and indigenous partners, and other stakeholders to develop a long-term strategy to deal with abandoned and derelict vessels. As the federal government cannot solemnly address abandoned and derelict vessels, having shared responsibility with the other levels of government is essential.

Additionally, the Government of Canada is currently actively studying a number of legal and program options. One option for consideration is accession to the Nairobi International Convention on the Removal of Wrecks, which was adopted by the International Maritime Organization in 2007, and which came into force internationally last year. The Nairobi convention ensures that vessel owners take responsibility for remediating the hazards posed by wrecks resulting from maritime casualties, and requires large vessels, over 300 gross tonnes, to maintain wreck remediation insurance. However, the convention does not aim to improve vessel owner identification, but rather, aims to ensure that vessel owners are liable for actions taken to deal with hazardous wrecks. We are looking carefully at the Nairobi convention and all the comments provided to the government through targeted consultations.

To conclude, the motion aims to put in place measures that focus first on preventing the problem before focusing on how to remove these vessels. The government believes that supporting Motion No. 40 is the right thing to do, but is suggesting the following friendly amendments to further clarify language. I hope the member will accept these proposed changes and encourage all members to vote in favour of Motion No. 40.

I move:

That the motion be amended by:

(a) adding after the word “should” the following: “, in collaboration with provincial, territorial, municipal and Indigenous organizations”;

(b) deleting the words “by considering ratifying the International Maritime Organization's International Convention on the Removal of Wrecks, 2007, and”;

(c) replacing the words “create a mechanism” with the words “identify mechanisms”; and

(d) adding after the words “for a community” the following: “(f) consider measures to ensure owners are strictly liable for remediating abandoned vessels, such as acceding to the Nairobi International Convention for the Removal of Wrecks, 2007.”

Kate Young

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