First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024

HOUSE OF COMMONS OF CANADA

BILL C-402 An Act to amend the Marine Liability Act (national strategy respecting pollution caused by shipping container spills)

FIRST READING, June 13, 2024

This enactment amends the Marine Liability Act to provide for the development and implementation of a national strategy to address pollution caused by shipping container spills.

1st Session, 44th Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024

HOUSE OF COMMONS OF CANADA

BILL C-402

An Act to amend the Marine Liability Act (national strategy respecting pollution caused by shipping container spills)

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

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PART 7.‍1 

National Strategy Respecting Pollution Caused by Shipping Container Spills

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Interpretation

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125.‍1 (1) The following definitions apply in this Act.

Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.‍ (corps dirigeant autochtone)

Indigenous organization means an Indigenous governing body or any other entity that represents the interests of an Indigenous group and its members.‍ (organisation autochtone)

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National strategy

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(2) The Minister must develop and implement a national strategy to address pollution caused by shipping container spills.

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Collaboration

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(3) The Minister must ensure that Indigenous organizations are afforded a meaningful opportunity to collaborate in the development of the national strategy.

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Study

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(4) The Minister must cause an independent study to be conducted to

• (a) identify and assess any potential gaps in the current regime governing pollution caused by shipping container spills;

• (b) review current salvage capabilities in case of shipping container spills;

• (c) assess the adequacy of the measures that can currently be taken to prevent, repair, remedy or minimize pollution damage from shipping container spills and to track containers lost at sea;

• (d) assess the adequacy of the requirements respecting ship manifests; and

• (e) evaluate the potential benefits of setting up a fund to compensate for and clean up pollution damage caused by shipping containers lost at sea.

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Report

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(5) The Minister must cause a report on the study containing its findings and recommendations to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the study is completed.

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Content of strategy

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(6) The strategy must include measures to address the findings and recommendations in the report and, in particular,

• (a) measures to prevent shipping container spills;

• (b) measures to enhance communication between responders and stakeholders and with coastal communities;

• (c) measures to establish a joint spill response task force composed of representatives of the federal and provincial governments, local authorities, Indigenous organizations, commercial fishing organizations and non-governmental organizations;

• (d) measures to provide for the monitoring and removal of debris from containers lost at sea;

• (e) measures to address any gaps identified in the current regime governing pollution caused by shipping container spills; and

• (f) measures to fund research on the impact of the presence in waters of polystyrene, microplastics and other plastics, as well as research on removal techniques.

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Report to Parliament

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125.‍2 (1) Within one year after the day on which this section comes into force, the Minister must prepare a report setting out the national strategy and the schedule for its implementation and cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.

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Publication of report

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(2) The Minister must publish the report on the website of the Department of Transport within 30 days after the day on which the report has been tabled in both Houses of Parliament.

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Annual report

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125.‍3 (1) The Minister must, during the year in which the second anniversary of the coming into force of this Act occurs and each year after that, prepare a report on the progress made in implementing the national strategy and any changes made to it.

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Tabling of report

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(2) The Minister must cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after it is completed.

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Publication of report

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(3) The Minister must publish the report on the website of the Department of Transport within 30 days after the day on which the report has been tabled in both Houses of Parliament.

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