25/06/2005 - The Honourable
Stéphane Dion, Minister of the Environment,
today announced Bill C 15, which will allow
Canada to more fully protect its marine environments
from polluters, will come into force on June
28, 2005. This environmental protection legislation
received Royal Assent on May 19, 2005.
Making the announcement in St. John’s, with
Tom Osborne, the Minister of Environment and
Conservation for Newfoundland and Labrador,
Minister Dion said, “With Bill C-15, which
effectively strengthens our environmental
protection laws, Canada is sending a message
to the world that we value our marine resources
and will protect them by all necessary means.”
"Bill C-15 is very significant for the
Province of Newfoundland and Labrador and
I am extremely pleased it will finally be
proclaimed into law. I am also very pleased
with the cooperation that we received from
the federal government on this important issue,"
said Minister Osborne. "The illegal and
deliberate dumping of bilge oil off our coastlines
is an issue that our government takes very
seriously. Bill C-15 will indeed address this
environmental crime that has been occurring
in our oceans and help ensure better protection
of our valuable marine environment and wildlife."
Amendments to the Migratory Birds Convention
Act (1994) and the Canadian Environmental
Protection Act (1999) following the passage
of Bill C-15 in May, more effectively addresses
the enforcement of these Acts in cases of
marine pollution.
“The legislation provides clarity for enforcement
officials, as well as owners and operators
of vessels in waters under Canadian jurisdiction,
including the 200-mile Exclusive Economic
Zone,” said Minister Dion. “This includes
almost a quarter million kilometers of coastal
waters including both Atlantic and Pacific
coasts as well as the Arctic.”
Maximum fines allowed under the Migratory
Bird Convention Act are now up to $1 million.
In addition, vessels of more than 5,000 tonnes
face a minimum fine of $100,000 for a summary
conviction and $500,000 for an indictable
offence. These minimum fines and other refinements
to the legislation help bring Canada's penalties
in line with penalties in the United States.
All penalties now received under the Migratory
Birds Convention Act will be directed to the
Environmental Damages Fund. This Fund provides
a source of financial support for non-government
groups to develop projects to help restore
the damage from pollution incidents.
These amendments hold shipping companies
and their ships' officers accountable for
any illegal dumping of bilge oil in Canadian
waters. Once a specific ship is proven beyond
doubt to be the source of oil pollution, the
ship, its officers and its owners to must
demonstrate that they took all reasonable
care to avoid commission of the offence.
Environment Canada’s research shows that
an estimated 300,000 sea birds are killed
each year off the coast of Atlantic Canada
alone, as a result of oiling incidents. Research
is currently under way on numbers of birds
being killed and injured elsewhere.
Within the Government of Canada, Environment
Canada is responsible for the protection of
migratory birds and the marine environment
through the Migratory Birds Convention Act,
the Canadian Environmental Protection Act
and Section 36 of the Fisheries Act; Transport
Canada is responsible for regulating ship
safety and pollution prevention under the
Canada Shipping Act and also marine surveillance;
and Fisheries and Oceans – Coast Guard is
responsible for response to marine pollution.
The Federal Department of Justice provides
expert legal advice and prosecution services.
Support for marine pollution surveillance
efforts is also provided by the Canadian Space
Agency through the Integrated Satellite Tracking
of Polluters (ISTOP) program which uses Canada’s
Radarsat remote sensing satellite.
