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National Plan on Container Spill Pollution

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

Summary#

This bill amends the Marine Liability Act to require a national strategy to deal with pollution from shipping container spills. It orders an independent study, sets timelines for public reports, and mandates collaboration with Indigenous organizations. The strategy must cover prevention, response, debris cleanup, and research on plastics.

  • Requires the Minister of Transport to develop and implement a national strategy (National strategy (2)).
  • Orders an independent study on gaps, salvage capacity, tracking, manifest rules, and the value of a compensation fund (Study (4)(a)-(e)).
  • Requires “meaningful” collaboration with Indigenous organizations (Collaboration (3)).
  • Mandates a joint spill response task force and better communication with coastal communities (Content of strategy (6)(b)-(c)).
  • Requires public tabling and online publication of the study and strategy, plus annual progress reports starting in year 2 (Report (5); Report to Parliament (1)-(2); Annual report (1)-(3)).

What it means for you#

  • Households (especially in coastal communities)

    • May receive clearer and faster public information during container spill incidents due to mandated communication measures (Content of strategy (6)(b)).
    • Could see more systematic beach and shoreline cleanup for debris from lost containers if monitoring and removal measures are implemented (Content of strategy (6)(d)).
    • Research on polystyrene, microplastics, and removal techniques may inform future cleanup and health guidance (Content of strategy (6)(f)).
  • Workers

    • Commercial fishing workers’ organizations are named members of the new joint spill response task force, giving them a direct voice in planning and response (Content of strategy (6)(c)).
    • Salvage and response capacity will be reviewed, which may lead to changes in training, equipment, or contracts, depending on the strategy (Study (4)(b); Content of strategy (6)).
  • Indigenous organizations

    • Must be given a meaningful chance to collaborate on the strategy (Collaboration (3)).
    • Are named for representation on the joint spill response task force (Content of strategy (6)(c)).
  • Businesses (shipping, logistics, ports)

    • The study will review tracking of lost containers and the adequacy of ship manifest requirements; future policy changes may follow, but none are specified in the bill (Study (4)(c)-(d)).
    • The strategy will include prevention measures, which could affect operating practices; details will come later (Content of strategy (6)(a)).
    • The task force membership listed does not name shipping firms; their role would depend on how “stakeholders” are engaged in practice (Content of strategy (6)(b)-(c)).
  • Local governments and NGOs

    • Local authorities and non-governmental organizations are named for the joint task force, which may increase their role in planning and response (Content of strategy (6)(c)).
    • They may need to coordinate on debris monitoring and removal if assigned roles under the strategy (Content of strategy (6)(d)).
  • Timeline

    • Strategy report due within 1 year after the section comes into force; then annual public progress reports starting in the year of the second anniversary (Report to Parliament (1); Annual report (1)).
    • The study report must be tabled when completed; no specific deadline is set in the bill (Report (5)).

Expenses#

Estimated net cost: Data unavailable.

  • No explicit appropriations or funding amounts are in the bill. Any spending would come through future decisions and budgets (entire bill).
  • Mandated activities with potential costs include:
    • Commissioning an independent study and tabling its report (Study (4); Report (5)).
    • Developing and implementing the national strategy, including a joint task force, communication measures, debris monitoring/removal measures, and funding of research; the scope and cost depend on future choices (Content of strategy (6)(a)-(f)).
  • The bill requires an assessment of a possible compensation fund, but it does not create such a fund (Study (4)(e)).
  • Annual reporting and web publication will require administrative capacity (Report to Parliament (1)-(2); Annual report (1)-(3)).

Proponents' View#

  • A national strategy will close gaps in how Canada prevents and responds to container-related pollution by requiring a comprehensive plan and implementation schedule (Study (4)(a); Content of strategy (6)(a), (e); Report to Parliament (1)).
  • Prevention and tracking measures should reduce the number and impact of lost containers reaching coasts and beaches (Content of strategy (6)(a); Study (4)(c)).
  • A joint response task force and better communication with coastal communities will streamline response and reduce confusion during incidents (Content of strategy (6)(b)-(c)).
  • Indigenous organizations and commercial fishing organizations get formal roles, improving local knowledge in planning and response (Collaboration (3); Content of strategy (6)(c)).
  • Evidence-based policy: an independent study informs the strategy; Parliament and the public get the study, a 1-year strategy report, and annual progress reports starting in year 2 (Study (4); Report (5); Report to Parliament (1); Annual report (1)-(3)).
  • Evaluating a compensation fund could identify ways to cover cleanup and damage costs when containers are lost at sea (Study (4)(e)).

Opponents' View#

  • Costs are undefined; the bill mandates a study, a strategy, a task force, debris monitoring/removal measures, and research funding measures without a fiscal plan. This could create unfunded obligations or rely on later budgets (Content of strategy (6)(c)-(f)).
  • The bill sets a 1-year deadline for the strategy report but no deadline for the study. If the study finishes late, the strategy may be developed without complete evidence or may need revision (Study (4); Report to Parliament (1)).
  • The bill leaves major details to the Minister. Outcomes depend on future decisions and approvals, creating uncertainty for communities and industry (National strategy (2); Content of strategy (6)).
  • Reviewing manifest rules and container tracking could lead to new compliance requirements and costs for shipping and logistics, but the bill provides no parameters or impact analysis (Study (4)(c)-(d)).
  • The listed task force membership does not include shipping companies. Opponents may argue this could limit operational input from those who manage containers (Content of strategy (6)(c)).
  • Potential overlap with existing response systems is unclear, since the bill does not specify how the strategy will integrate with current federal, provincial, or local frameworks (Content of strategy (6); no cross-references in the text).

Timeline

Jun 13, 2024 • House

First reading

Climate and Environment
Indigenous Affairs
Trade and Commerce