Summary of stakeholder engagement – Vancouver, British Columbia (March 14, 2018)

Summary of Pilotage Act Review Discussion – Vancouver, British Columbia

March 14, 2018

• Participants
• Summary of discussion
• Purpose and principles
• Governance
• Labour
• Safety
• Tariffs
• Other comments

Participants

• Craig Kelly, Gitga’a Nation
• Peter Lantin, Haida Nation
• Mike McGuire, Haida Nation
• Adeana Young, Old Massett Village Council
• Freda Davis, Old Massett Village Council
• Travis Hall, Heiltsuk Nation
• Hereditary Chief Harvey Humchitt, Heiltsuk Nation
• Reg Moody, Heiltsuk Nation
• Blair Stewart, Nisga’a Nation
• Marc Grégoire, Chairperson
• Angela Pati, Analyst

Summary of discussion

The participants presented their concerns and views on the Pilotage Act and potential areas for reform. We have grouped the comments under the following themes:

Purpose and principles

• There were no comments.

Governance

• Generally, participants strongly supported the recommendation to have an Indigenous Board member on the Pacific Pilotage Authority Board of Directors.
• There was also a strong desire to have more than one Indigenous member (such as three members to represent the Southern, Central, and Northern regions of B.C.).
• A member of the Old Massett Village Council asked how an Indigenous Board member can represent Indigenous interests and concerns alongside their responsibilities to the Pilotage Authority.
• A member of the Haida Nation expressed interest in how industry would perceive the recommendation to have an Indigenous Board member.
• Participants supported:
  • Introducing a neutral Board of Directors, and
  • removing potential conflicts of interest on the Board by having active pilots or industry members.
• In general, participants wanted more information about how Board profiles are developed when there are vacancies.
  • A member of the Heiltsuk Nation noted positive steps in these areas:
    • Application processes for Boards of Directors are open to the public.
    • The Laurentian Pilotage Authority has an Indigenous Chairperson.
  • But concern was expressed that input from Indigenous representatives and/or communities won’t actually be considered.
• A member of the Haida Nation suggested having a formal way to resolve disputes if an Indigenous Board member challenges the status quo. This would ensure everyone is fairly heard, and minority voices are not silenced by majority rules.
• A member of the Heiltsuk Nation suggested the idea of equal representation on Boards.
• Participants expressed concern about having only one Indigenous representative on the National Advisory Council.
  • Participants believed this will create challenges for fair representation in all pilotage regions.
  • It was recommended that there should be at least one Indigenous representative for each Pilotage Authority.

Labour

• There was interest among participants to have pilots on tugs. But it was noted that this is not practical due to the small size of tugs and long distances they travel.
• Participants were concerned that they didn’t know about the lack of transparency requirements for pilot corporations.
• A member of the Haida Nation suggested that any transparency requirements on pilot corporations should be retroactive.

Safety

• Participants wanted to ensure information is shared between the Pilotage Act Review and Minister of Transport, especially about First Nations’ concerns.
• A member of the Haida Nation noted that First Nations’ approach to shipping is focused on keeping the territory safe, while industry’s focus is the economic bottom line.
• Members of the Heiltsuk Nation raised concern over the Pacific Pilotage Authority’s waiver system, pointing to recent incidents involving Nathan E. Stewart and Jake Shearer in the North and Central coast of B.C.
  • There was:
    • Strong interest in improving enforcement measures and increasing penalties for incidents.
    • Additional concern that the cruise ships going to Haida Gwaii are coming in too close to the coastline.
• Participants wanted to confirm that the topic of pilotage in the North will be addressed in the Pilotage Act Review.
• A member of the Old Massett Village Council asked if the Administrative Monetary Penalty scheme will be outlined in legislation.
  • There was also interest in whether any of the money received through Administrative Monetary Penalties will be redirected to First Nations communities.
• Participants asked about the recommendation to expand the certificate program to all International seafarers. They wanted to know:
  • Who could apply for certifications and in which regions?
  • Who pays for the certification process?
  • Who monitors and oversees the certificate program.
• Participants showed significant concern over the automation of shipping and/or vessels.

Tariffs

• A member of the Haida Nation acknowledged that, under the current tariff structure, objections to tariffs filed by industry can put the Pilotage Authority at risk.
  • This has happened twice on the west coast in the last 10 to 15 years.

Other comments

• Participants were concerned that reviewing the Pilotage Act every 10 years is too short a time, as changes in pilotage can happen quite quickly. Participants emphasized that protecting the waters and ecosystems is extremely important to First Nations. This drives their participation in these processes.
• A member of the Heiltsuk Nation highlighted that Section 35 rights in the Charter of Rights and Freedoms should be taken seriously. Marine incidents may infringe on these rights.
• Participants stressed that First Nations want to ensure their voices are heard.
• A member of the Haida Nation stressed the importance of acting on reconciliation, not just talking about it.
  • One way to implement reconciliation is to expand compulsory pilotage areas off the coast of Haida Gwaii.

Participants raised many concerns related to the marine sector, but not specific to the Pilotage Act Review or legislation:

• A member of the Heiltsuk Nation raised the need to better equip stations with emergency response equipment. This issue is related to the Canadian Coast Guard.
• A member of the Haida Nation expressed interest in expanding compulsory pilotage areas. This issue is related to risk assessments conducted by the Pacific Pilotage Authority.
• A member of the Nisga’a Nation would like to have pilot stations in Northern British Columbia. This issue is related to management decisions of the Pacific Pilotage Authority.
• Participants are frustrated about not being able to express concerns in the right forum or to the right people.
• They asked how to be involved in processes relevant to Indigenous communities, but which are not under the Pilotage Act Review.
• A member of the Haida Nation had an interest in how the final Pilotage Act Review report will be presented to the Minister, and how these non-pilotage issues could be shared.