2nd Session, 41st Parliament,
62-63 Elizabeth II, 2013-2014
house of commons of canada
An Act to amend the Canada Shipping Act, 2001 and the National Energy Board Act (oil transportation and pipeline certificate)
Whereas British Columbia’s North Coast comprises a unique and diverse ocean ecosystem whose marine resources sustain regional economies in British Columbia, and hold crucial cultural and historic importance for the communities and First Nations who call the North Coast home;
Whereas the Supreme Court of Canada has recognized the duty of the Crown to obtain prior consent from First Nations affected by resource development projects on their territories;
Whereas Canada’s current resource development framework disempowers local and region-al voices in decision-making processes and unfairly concentrates power away from those who would be affected;
And whereas Canada holds some of the largest energy reserves in the world yet still imports half of its energy from international sources and is foregoing enormous social and economic benefits under the current raw export regime;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2001, c. 26
CANADA SHIPPING ACT, 2001
1. The Canada Shipping Act, 2001 is amended by adding the following after section 189:
189.1 The following definitions apply in section 189.2.
« en vrac »
« en vrac »
“in bulk” means in a hold or tank that is part of the structure of a vessel, without any intermediate form of containment.
« pétrole »
« pétrole »
“oil” has the same meaning as in section 2 of the Canada Oil and Gas Operations Act.
« pétrolier »
« pétrolier »
“oil tanker” means a vessel that is constructed or adapted primarily to transport oil in bulk.
189.2 (1) It is prohibited to transport oil in an oil tanker in the areas of the sea adjacent to the coast of Canada known as Dixon Entrance, Hecate Strait and Queen Charlotte Sound.
(2) The areas of the sea referred to in subsection (1) are those areas included within Zone 3 as described in the Fishing Zones of Canada (Zones 1, 2 and 3) Order made under the Oceans Act.
For greater certainty
(3) For greater certainty, the prohibition in subsection (1) does not apply in respect of the transportation of gasoline, aviation fuel, diesel oil or fuel oil that is intended for use in coastal and island communities in Canada.
2. Subsection 191(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph:
(c.1) section 189.2 (prohibition against operation of oil tanker in specified areas); and
R.S., c. N-7
NATIONAL ENERGY BOARD ACT
3. (1) The portion of subsection 52(2) of the National Energy Board Act before paragraph (a) is replaced by the following:
Factors to consider
(2) In making its recommendation, the Board shall have regard to all considerations that appear to it to be directly related to the pipeline and to be relevant, as well as to
(2) Subsection 52(2) of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after that paragraph:
(d.1) the extent to which the pipeline is expected to have an impact on employment in upgraders, refineries and petrochemical complexes within Canada; and
(3) Section 52 of the Act is amended by adding the following after subsection (2):
(2.1) Before submitting a report under subsection (1), the Board shall ensure that consultations have taken place between the Government of Canada and all provincial, territorial, municipal and First Nations governments whose lands or waters will be affected by the pipeline and take into account the position of those governments on the issuance of a certificate in respect of the pipeline. The report shall include a summary of those positions and specify how the Board took each position into account in deciding whether or not to recommend the issuance of a certificate in respect of the pipeline.
Published under authority of the Speaker of the House of Commons