The House of Commons Standing Committee on Environment and Sustainable Development met to study Bill C-244, the Clean Coasts Act, a private member's bill sponsored by Patrick Weiler (West Vancouver—Sunshine Coast—Sea to Sky Country, Liberal). The bill aims to close loopholes in the Wrecked, Abandoned or Hazardous Vessels Act by prohibiting vessel transfers to buyers who lack the ability to maintain the vessel, and to clarify that marine dumping offences under the Canadian Environmental Protection Act are strict liability. Officials from the Canadian Coast Guard, the Department of the Environment, and the Department of Transport appeared as witnesses.
Josée-Annie Verville, Director of Monitoring and Compliance at the Canadian Coast Guard, said the Coast Guard supports the bill's intent to prevent risky vessel transfers that lead to hazardous wrecks, noting that removal costs can reach millions of dollars. She identified enforcement challenges, including proving what a seller knew about a buyer's intentions and financial means, and said the Coast Guard does not enforce the vessel transfer provisions, which fall under Transport Canada.
Stephanie Lane, Executive Director of Legislative Governance at the Department of the Environment, said the bill's amendment to the Canadian Environmental Protection Act is intended to confirm that disposal at sea is a strict liability offence, as the department already interprets it. She noted that the 2018 MV Marathassa decision did not address the due diligence defence already available in the act, and cautioned that amending only one of several disposal prohibitions could create inconsistency.
Paula Vieira, Director General of Environmental Policy at Transport Canada, outlined four concerns: sellers would find it challenging to assess a buyer's ability, resources and intent; enforcement would require proving subjective knowledge; the requirement could lead to inconsistent or discriminatory decision-making; and applying the rule to all vessels, from small pleasure craft to large commercial ships, could create an undue burden. She noted that Transport Canada has removed nearly 900 wrecked vessels since 2016 and issued orders to over 450 owners.
Colin Henein, Director of Marine Environmental Policy at Transport Canada, said the bill's preventative step is to ensure sellers transfer vessels only to capable buyers, but that the appropriate standard of disclosure is a matter between buyer and seller. He added that if a sale occurs outside Canada, the bill would not apply to the foreign seller, though the owner would still be responsible under the Wrecked, Abandoned or Hazardous Vessels Act once the vessel enters Canada.
Joanne Weiss-Reid, Director of Operations and Regulatory Development at Transport Canada, said enforcement would involve engaging the seller and community, and that administrative monetary penalties of up to $50,000 could serve as a deterrent. She suggested the department could explore optional guidance to reduce the regulatory burden for smaller vessels.
Daniel Wolfish, Director General of Environmental Protection Operations at the Department of the Environment, said the bill does not change the permitting regime for disposal at sea, which remains a prohibition unless a permit is obtained for low-risk materials. He noted that the department's environmental emergencies program supports the Coast Guard in responding to spills but is not part of this legislation.
David Taillefer, National Manager of Marine Programs at the Department of the Environment, explained that the disposal at sea permitting system under the Canadian Environmental Protection Act allows permits only for a limited set of low-risk materials, such as dredged sediment, after a strict assessment of the material and disposal site.
Sean Rogers, Executive Director of Legislative, Regulatory and International Affairs at Transport Canada, clarified that the MV Marathassa oil spill involved a cargo vessel in operation, not an abandoned vessel, and therefore would not be covered by the Wrecked, Abandoned or Hazardous Vessels Act, though the Canadian Environmental Protection Act did apply to that incident.
During the committee's proceedings, Branden Leslie (Portage—Lisgar, Conservative) moved a motion for the committee to undertake a statutory review of the Canadian Net-Zero Emissions Accountability Act immediately after disposing of Bill C-244, proposing three meetings and a press release inviting submissions. Eric St-Pierre (Honoré-Mercier, Liberal) moved to adjourn debate on the motion and proceed to a vote, which the committee agreed to.
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