19/05/2005 - The Honourable
Stéphane Dion, Minister of the Environment,
today welcomed the Royal Assent of Bill C
15, which will allow Canada to forcefully
protect its marine environments from polluters.
“It is unacceptable that hundreds of thousands
of seabirds are killed every year as a result
of illegal discharges of bilge oil,” said
Minister Dion. “I am extremely pleased that
the Government of Canada will now have the
enforcement tools needed to better protect
the marine waters off Canada’s coasts, which
are among the world’s richest in seabird populations.”
Bill C-15, amending the Migratory Birds Convention
Act (1994) and the Canadian Environmental
Protection Act (1999), will provide clarity
for enforcement officials in cases of marine
pollution, as well as to owners and operators
of vessels in waters under Canadian jurisdiction,
including the 200-mile Exclusive Economic
Zone
“Amending these essential pieces of environmental
legislation will complement the Canada Shipping
Act (2001) and allow for more cooperative
enforcement actions,” said Minister Dion.
“We are providing the judicial system with
the tools to prosecute offenders and to enable
fines that appropriately reflect the damages
caused to the environment.”
Shipping companies and their ships' officers
will be held accountable for any illegal dumping
of bilge oil in Canadian waters. The courts
will no longer have to prove malice in order
to get a conviction. Instead the onus will
be on the ships to prove due diligence.
Bill C-15 will increase the size of maximum
fines allowed under the Migratory Bird Convention
Act to $1 million. In addition, any vessel
of more than 5,000 tonnes found guilty would
face a minimum fine of $100,000 for a summary
conviction and $500,000 for an indictable
offence. These minimum fines will help bring
Canada's penalties in line with fines in the
United States.
Environment Canada’s research shows that
more than 300,000 sea birds are being killed
each year off the coast of Atlantic Canada
alone, by the illegal discharge of oily bilge
waste from passing ships.
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.
