Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act

Status: Second reading (House), as of June 15, 2017

Summary:  Bill C-55, at its heart, is a new tool which would allow easier conservation of marine ecosystems in Canada. It currently takes up to seven years to designate a Marine Protected Area (MPA), which protects aquatic ecosystems from potentially harmful development or practices. It would achieve this through amendments to the Oceans Act and the Petroleum Resources Act. The majority of MPAs are in the ocean, but this could impact First Nations with MPAs especially in the Great Lakes.

Beyond clarifying the responsibility of the Minister of Fisheries and Oceans to establish a network of national protected areas, the Act would create specific tools aimed at conservation. For example, it would create an interim protection mechanism which would protect an area designated to become an MPA while the process to become one is ongoing. It would also mandate what is called the "Precautionary Principle," meaning that the Minister cannot use "the lack of scientific certainty regarding the risks posed by any activity as a reason to postpone or refrain" from designating a marine area for designation. Finally, it would strengthen implementation of MPAs by strengthening the role of enforcement officers, increasing fines for infringement, and creating new offences for ships in prohibited areas.

In short Bill C-55 would expand the Governor in Council's authority to protect designated MPAs, empower the Minister to cancel interests in protected areas, and it would provide for compensation for interest owners should a project be cancelled.

Impact: This bill has been applauded by conservation groups, and has the potential to become an important tool for conservation of aquatic resources. As stewards of lands and resources, this Bill represents an opportunity to strengthen conservation and preservation of natural resources.

This Bill aligns with the COO “We Are the Land” declaration (SCA 10/19), which states that “it is our inherent right and inherent responsibility, as provided by the Creator to care for the lands, the waters and all our relations,” and that “Our lands, waters and all our relations are threatened by encroachments of industrial activities and wastes.”

The amendments could potentially create a scenario where an MPA is created in the traditional land use areas of First Nations, but that should not impact the Aboriginal and Treaty Rights for an impacted First Nation. This is because the Oceans Act includes in Section 2(1), "For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982."

Full Text: of the bill can be found here

Full Text: of the Oceans Act can be found here and the Canada Petroleum Resources Act can be found here