Question Period Note: Oil Tanker Moratorium Act (C-48)
About
- Reference number:
- PCO-2019-QP-00019
- Date received:
- Nov 28, 2019
- Organization:
- Privy Council Office
- Name of Minister:
- Trudeau, Justin (Right Hon.)
- Title of Minister:
- Prime Minister
Suggested Response:
• The Government is pleased to note that the Oil Tanker Moratorium Act received Royal Assent on June 21, 2019.
• This moratorium delivers on the Government’s commitment under the Oceans Protection Plan to protect Canada’s coasts while growing the economy.
• In fact, the legislation provides an unprecedented level of protection for the north coast of British Columbia’s pristine environment, and unique ecological features.
• It does so while maintaining key resupply activities for remote communities.
• Most importantly, this legislation responded to the concerns raised by coastal Indigenous communities, who view the moratorium as essential to protecting their way of life, economies and traditions.
• The Government remains committed to the legislation and the important objectives it advances
Background:
• On June 21, 2019, the Oil Tanker Moratorium Act, Bill C-48, received Royal Assent. The moratorium supports the government’s Oceans Protection Plan, a national strategy to protect Canada’s coasts while growing the economy.
• The Government is honoring a long-standing policy legacy of taking special measures to protect the north coast of British Columbia from a crude oil spill. Since 1985, there has been a voluntary Tanker Exclusion Zone (TEZ) in place along BC’s coast. The moratorium is complementary to the Tanker Exclusion Zone and an important step that provides additional protection for Canada.
• The moratorium extends from the Canada/ United States border in the north, down to the point on British Columbia’s mainland adjacent to the northern tip of Vancouver Island, and also includes Haida Gwaii.
• The legislation prohibits oil tankers carrying more than 12,500 metric tons of crude oil or persistent oil products as cargo from stopping, from loading or unloading at ports and marine installations in this area.
• The moratorium applies to the shipment of crude oils as defined by the International Convention for the Prevention of Pollution from Ships 1973/78 (MARPOL) and this definition is set in the legislation. It also applies to related oil products that are heavier and, when spilled, break up and dissipate slowly. As a result, they remain longer in the environment compared to lighter products that tend to dissipate more rapidly. A complete list of these persistent products are outlined in a schedule to the legislation. Examples of related oil products included in the moratorium are: partially upgraded bitumen, synthetic crude oil, petroleum pitch, slack wax, and bunker C fuel oil.
• Amendments to the scheduled product list could be considered following a regulatory process that would assess the latest developments in science and evidence around the fate and behaviour of the petroleum product when spilled, innovations and technological developments in the transportation of oil, and the state of clean up technology. Environmental safety will be the main consideration for any additions or deletions to the product list through the regulatory process.
• Vessels carrying less than 12,500 metric tons of crude or persistent oil as cargo continue to be permitted in the moratorium area to ensure northern communities can receive critical shipments of heating oils and other products.
• The legislation includes an enforcement regime and penalty provisions. Penalties will be commensurate with the scale of violation and could reach up to $5 million.
Additional Information:
None