Bill S-13

Randy Kamp Parliamentary Secretary to the Minister of Fisheries and Oceans and for the Asia-Pacific Gateway

Mr. Speaker, I know that my colleague, the parliamentary secretary to the minister of international trade has a keen interest in this bill, so with your consent I would like to share my time with the member for South Shore—St. Margaret's.

I am pleased to support Bill S-13, an act to amend the Coastal Fisheries Protection Act. This bill originated in the other place and the Senate Committee on Fisheries and Oceans studied the bill between November 8, 2012 and March 5, 2013. During the study, the Senate committee heard testimony from officials of the Department of Fisheries and Oceans Canada, the Oceans and Environmental Law Division of Foreign Affairs and International Trade Canada, the president of the Fisheries Council of Canada, and others as well.

The purpose of Bill S-13 is to enable Canada to ratify the international agreement on port state measures to prevent, deter and eliminate illegal, unreported and unregulated fishing.

On March 7, after examining the bill and hearing from witnesses, our colleagues in the other place passed the act to amend the Coastal Fisheries Protection Act.

The port state measures agreement negotiations focused on illegal fishing and transshipping on the high seas, what we call IUU fishing or illegal, unreported and unregulated fishing. IUU fishing is an issue of grave concern. The agreement deals with the worldwide problem of IUU fishing, which has deep economic and environmental consequences. The committee heard that the estimated economic loss from IUU fishing averages between $10 billion and $23 billion every year.

The international agreement ensures that there is a cohesive and collaborative effort to sustainably manage the resources contained in our oceans. On November 22, 2009, the member countries of the Food and Agriculture Organization of the UN reached an agreement on it. Canada was one of the countries that played a leadership role in that effort. Canada signed the port state measures agreement in 2010 and now needs to follow through with this commitment by ensuring that our legislation is amended to fulfill our international commitments.

Some of the most important stipulations in the port state measures agreement include: establishing standards for information to be provided by vessels seeking entry to port; continuing to deny port entry and service to vessels that are implicated in pirate fishing or IUU fishing unless entry is for enforcement purposes; and, setting minimum standards for vessel inspections and the training of inspectors.

I can say that Bill S-13 is widely supported by the fishing industry and is necessary in order to fulfill our international commitments. The only criticism from the president of the Fisheries Council of Canada was that it took too long to negotiate and ratify this agreement. Therefore, I sincerely hope that my colleagues on the opposition side will not delay this bill and hold up the implementation of measures that would enable Canada to effectively combat illegal, unreported and unregulated fishing.

Fish is a highly traded food commodity and as such illegal, unreported and unregulated fishing rapidly becomes a global problem with significant economic, social and environmental consequences. IUU fishing operators gain economic advantage over legitimate fish harvesters through lower cost of operations by circumventing national laws and regulations. They also undermine conservation and management measures of regional fisheries management organizations and other international standards.

Once IUU fish enter the market, it is very difficult if not impossible to distinguish them from legally caught fish. IUU fishing will remain a lucrative business if the benefits of landing and selling such products continue to outweigh the costs associated with being caught. IUU fish in the market can depress prices for fish products to unprofitable levels for legitimate fish harvesters. Canadian fish harvesters are susceptible to price fluctuations in international markets, as approximately 85% of fish caught in Canadian waters are exported, representing more than $4 billion annually.

Illegal, unreported and unregulated fishing, often referred to as pirate fishing, puts the livelihoods of legitimate fishermen around the world at risk and has an impact on the conservation and protection of our fisheries.

Pirate fishing is a global problem that undermines responsible fishing and has consequences on food security, safety at sea, marine environmental protection and the stability of prices for fish products in some markets. IUU fishing also poses serious potential threats to marine ecosystems and fish stocks. Therefore, by strengthening the Coastal Fisheries Protection Act we will protect this vital resource and support the international fight against pirate fishing.

Canadian fishermen feel the impacts of pirate fishing, including the depletion of stocks from overfishing, unfair competition with illegal fish products and price fluctuations created by illegal fish products in foreign markets. Therefore, we need to continue to be leaders in the fight against threats to our fishery in order to maintain a fair and stable market environment for our high quality fish and our seafood exports.

The proposed amendments to Canada's Coastal Fisheries Protection Act would help us to do that. The amendments represent the next steps in our effort to combat illegal, unreported and unregulated fishing. There are some loopholes now where fish can be caught illegally and then moved to another vessel, which can then legitimately say that it did not catch those fish illegally.

Bill S-13 proposes a new definition of fishing vessel that includes container vessels and any type of transshipment vessels so that transshipment at sea of fish that has not already been landed would be caught under the act. Also, if a country is fishing outside of the authority or the control of a regional fish management organization, if it is just fishing without any compliance with the international norms, then fish caught by that vessel would also be subject to intervention under the act.

The amendments to the Coastal Fisheries Protection Act would expand our capacity to deal with illegally caught fish from other jurisdictions. We would have the ability to deal with illegal fish product imports in the efficient way required by the port state measures agreement to which we are a signatory.

Canadians can be proud of our already strong port access regime for foreign fishing vessels. Among other measures, Canada does not allow entry to vessels on the illegal, unreported and unregulated fishing vessel list of the Northwest Atlantic Fishing Organization, or the International Commission for the Conservation of Atlantic Tunas, usually called ICCAT. The IUU vessel lists are a key tool for combating pirate fishing globally. These lists include not only the fishing vessels, but also any vessel that helps fishing vessels engaged in illegal acts. For example, if they provide fuel or transshipping products or packing materials, all of these activities would be covered and included in the list. Arrangements have already been undertaken among several regional fisheries management organizations to share their lists so that members can take the necessary action to deny port entry or services to listed vessels. This makes IUU fishing more and more difficult and expensive.

The proposed changes to the Coastal Fisheries Protection Act set out even tougher prohibitions against the importation of illegally caught fish and other living marine organisms. Contravention of these provisions would be an offence under the amended Coastal Fisheries Protection Act, with penalties specified under the act. Together these measures would help dry up the profits from illegal fishing activities. Fisheries and Oceans Canada, in close collaboration with the Canada Border Services Agency, would carry out monitoring and enforcement with a view to minimizing impacts on legitimate cross-border trade of fish and seafood products.

Canada has a large stake in the fisheries and a lot of the stocks we fish are straddling stocks, stocks of fish that move from one area to another in the ocean. This means that to protect our fisheries we have to protect them inside and outside of our exclusive economic zone. When we combat illegal fishing that takes place elsewhere in the world it has a far-reaching positive effect here in Canada.

Preventing illegally taken fish and seafood products from entering Canadian markets is also a priority for Canada's major trading partners. Stronger controls at the border would help maintain our reputation as a responsible fishing nation and trading partner. The amendments to the Coastal Fisheries Protection Act that are before us would strengthen and clarify Canada's domestic rules and reinforce our leadership role in the global fight against pirate fishing.

I am very happy and proud of our government, which has taken action against this global problem that has an impact on our fisheries here at home. I encourage all members of the House to support the bill.

Tony Clement Parry Sound—Muskoka, ON

moved that Bill S-13, An Act to amend the Coastal Fisheries Protection Act, be read the second time and referred to a committee.

Peter Van Loan Leader of the Government in the House of Commons

Mr. Speaker, as you know, our government has moved forward this week to conduct business in the House of Commons in a productive, orderly and hard-working fashion, and we have tried to work in good faith.

We began the week debating a motion to add an additional 20 hours to the House schedule each week. Before I got through the first minute of my speech on that motion, the hon. member for Skeena—Bulkley Valley interrupted with a dubious point of order to prevent the government from moving forward to work overtime. His was a bogus argument and the Speaker rightly saw the NDP delay effort as entirely devoid of merit and rejected it outright.

During its first speech opposing the motion to work hard, the NDP then moved an amendment to gut it. That amendment was defeated. The NDP then voted against the motion and against working overtime, but that motion still passed, thanks to the Conservatives in the House.

During the first NDP speech on Bill C-49 last night, in the efforts to work longer, the NDP moved an amendment to gut that bill and cause gridlock in the House. I am not kidding. These are all one step after another of successive measures to delay. During its next speech, before the first day of extended hours was completed, the NDP whip moved to shut down the House, to go home early. That motion was also defeated. This is the NDP's “do as I say, not as I do” attitude at its height.

Take the hon. member for Gatineau. At 4 p.m., she stood in the House and said, “I am more than happy to stay here until midnight tonight...”. That is a direct quote. It sounded good. In fact, I even naively took her at her word that she and her party were actually going to work with us, work hard and get things done. Unfortunately, her actions did not back up her words, because just a few short hours later, that very same member, the member for Gatineau, seconded a motion to shut down the House early.

I am not making this up. I am not kidding. She waited until the sun went down until she thought Canadians were not watching anymore and then she tried to prevent members from doing their work. This goes to show the value of the word of NDP members. In her case, she took less than seven hours to break her word. That is unfortunate. It is a kind of “do as I say, not as I do” attitude that breeds cynicism in politics and, unfortunately, it is all too common in the NDP.

We saw the same thing from the hon. member for Davenport, when he said, “We are happy to work until midnight...”, and two short hours later he voted to try to shut down the House early. It is the same for the hon. member for Algoma—Manitoulin—Kapuskasing and the hon. member for Drummond. They all professed an interest in working late and then had their party vote to shut down early. What is clear by their actions is that the NDP will try anything to avoid hard work.

It is apparent that the only way that Conservatives, who are willing to work in the House, will be able to get things done is through a focused agenda, having a productive, orderly and hard-working House of Commons. This afternoon, we will debate Bill C-51, the safer witnesses act, at report stage and third reading. After private members' hour, we will go to Bill S-12, the incorporation by reference in regulations act, at second reading.

Tomorrow before question period, we will start second reading of Bill S-14, the fighting foreign corruption act, and after question period, we will start second reading of Bill S-13, the port state measures agreement implementation act.

Monday before question period, we will consider Bill S-2, the family homes on reserves and matrimonial interests or rights act. This bill would provide protection for aboriginal women and children by giving them the same rights that women who do not live on reserve have had for decades. After question period, we will debate Bill C-54, the not criminally responsible reform act, at second reading, a bill that makes a reasonable and needed reform to the Criminal Code. We are proposing to ensure that public safety should be the paramount consideration in the decision-making process involving high-risk accused found not criminally responsible on account of mental disorder. It is time to get that bill to a vote. We will also consider Bill C-48, the technical tax amendments act, 2012—and yes, that is last year—at third reading.

On Tuesday, we will continue the debates on Bill C-48 and Bill C-49, the Canadian museum of history act.

On Wednesday, we will resume this morning's debate on Bill C-52, the fair rail freight service act, at third reading.

On Thursday, we will continue this afternoon's debate on Bill C-51. Should the NDP adopt a new and co-operative, productive spirit and let all of these bills pass, we could consider other measures, such as Bill S-17, the tax conventions implementation act, 2013, Bill C-56, the combating counterfeit products act, Bill S-15, the expansion and conservation of Canada’s national parks act, and Bill C-57, the safeguarding Canada's seas and skies act.

Optimism springs eternal within my heart. I hope to see that from the opposition.

Peter Van Loan York—Simcoe, ON

Mr. Speaker, I will pick up where I left off. Obviously my hon. friend did not hear this and has not read the motion. I will respond to his macho riposte at the end of his comments by pointing out that the motion would do three things: first, it would provide for us to sit until midnight; second, it would provide a manageable way in which to hold votes in a fashion that works for members of the House; and third, it would provide for concurrence debates to happen and motions to be voted on in a fashion that would not disrupt the work of all the committees of the House and force them to come back here for votes and shut down the work of committees.

Those are the three things the motion would do. In all other respects the Standing Orders remain in place, including the Standing Orders for how long the House sits. Had my friend actually read the motion, he would recognize that the only way in which that Standing Order could then be changed would be by unanimous consent of the House.

The member needs no commitment from me as to how long we will sit. Any member of the House can determine that question, if he or she wishes to adjourn other than the rules contemplate, but the rules are quite clear in what they do contemplate.

As I was saying, the reason for the motion is that Canadians expect their members of Parliament to work hard and get things done on their behalf.

Canadians expect their members of Parliament to work hard and get things done on their behalf.

We agree and that is exactly what has happened here in the House of Commons.

However, do not take my word for it; look at the facts. In this Parliament the government has introduced 76 pieces of legislation. Of those 76, 44 of them are law in one form or another. That makes for a total of 58% of the bills introduced into Parliament. Another 15 of these bills have been passed by either the House or the Senate, bringing the total to 77% of the bills that have been passed by one of the two Houses of Parliament. That is the record of a hard-working, orderly and productive Parliament.

More than just passing bills, the work we are doing here is delivering real results for Canadians. However, there is still yet more work to be done before we return to our constituencies for the summer.

During this time our government's top priority has been jobs, economic growth and long-term prosperity. Through two years and three budgets, we have passed initiatives that have helped to create more than 900,000 net new jobs since the global economic recession. We have achieved this record while also ensuring that Canada's debt burden is the lowest in the G7. We are taking real action to make sure the budget will be balanced by 2015. We have also followed through on numerous longstanding commitments to keep our streets and communities safe, to improve democratic representation in the House of Commons, to provide marketing freedom for western Canadian grain farmers and to eliminate once and for all the wasteful and inefficient long gun registry.

Let me make clear what the motion would and would not do. There has been speculation recently, including from my friend opposite, about the government's objectives and motivations with respect to motion no. 17. As the joke goes: Mr. Freud, sometimes a cigar is just a cigar. So it is with today's motion. There is only one intention motivating the government in proposing the motion: to work hard and deliver real results for Canadians.

The motion would extend the hours the House sits from Monday through Thursday. Instead of finishing the day around 6:30 or 7 p.m., the House would sit instead until midnight.

This would amount to an additional 20 hours each week. Extended sitting hours is something that happens most years in June. Our government just wants to roll up our sleeves and work a little harder, earlier this year. The motion would allow certain votes to be deferred automatically until the end of question period, to allow for all honourable members' schedules to be a little more orderly.

As I said, all other rules would remain. For example, concurrence motions could be moved, debated and voted upon. Today's motion would simply allow committees to continue doing their work instead of returning to the House for motions to return to government business and the like. This process we are putting forward would ensure those committees could do their good work and be productive, while at the same time the House could proceed with its business. Concurrence motions could ultimately be dealt with, debated and voted upon.

We are interested in working hard and being productive and doing so in an orderly fashion, and that is the extent of what the motion would do. I hope that the opposition parties would be willing to support this reasonable plan and let it come forward to a vote. I am sure members opposite would not be interested in going back to their constituents to say they voted against working a little overtime before the House rises for the summer, but the first indication from my friend opposite is that perhaps he is reluctant to do that. Members on this side of the House are willing to work extra hours to deliver real results for Canadians.

Some of those accomplishments we intend to pass are: reforming the temporary foreign workers program to put the interests of Canadians first; implementing tax credits for Canadians who donate to charity; enhancing the tax credit for parents who adopt; and extending the tax credit for Canadians who take care of loved ones in their home.

We also want to support veterans and their families by improving the determination of veterans' benefits.

Of course, these are some of the important measures from this year's budget and are included in Bill C-60, economic action plan 2013 act, no. 1. We are also working toward results for aboriginals by moving closer to equality for Canadians living on reserves through better standards for drinking water and finally giving women on reserves the same rights and protections other Canadian women have had for decades. Bill S-2, family homes on reserves and matrimonial interests or rights act, and Bill S-8, the safe drinking water for first nations act would deliver on those very important objectives.

We will also work to keep our streets and communities safe by making real improvements to the witness protection program through Bill C-51, the safer witnesses act. I think that delivering these results for Canadians is worth working a few extra hours each week.

We will work to bring the Technical Tax Amendments Act, 2012, into law. Bill C-48 would provide certainty to the tax code. It has been over a decade since a bill like this has passed, so it is about time this bill passed. In fact, after question period today, I hope to start third reading of this bill, so perhaps we can get it passed today.

We will also work to bring Bill C-52, the fair rail freight service act, into law. The bill would support economic growth by ensuring that all shippers, including farmers, are treated fairly. Over the next few weeks we will also work, hopefully with the co-operation of the opposition parties, to make progress on other important initiatives.

Bill C-54 will ensure that public safety is the paramount consideration in the decision-making process involving high-risk accused found not criminally responsible on account of mental disorder. This is an issue that unfortunately has affected every region of this country. The very least we can do is let the bill come to a vote and send it to committee where witnesses can testify about the importance of these changes.

Bill C-49 would create the Canadian museum of history, a museum for Canadians that would tell our stories and present our country's treasures to the world.

Bill S-14, the Fighting Foreign Corruption Act, will do just that by further deterring and preventing Canadian companies from bribing foreign public officials. These amendments will help ensure that Canadian companies continue to act in good faith in the pursuit of freer markets and expanded global trade.

Bill S-13, the port state measures agreement implementation act, would implement that 2009 treaty by amending the Coastal Fisheries Protection Act to add prohibitions on importing illegally acquired fish.

Tonight we will be voting on Bill S-9, the Nuclear Terrorism Act, which will allow Canada to honour its commitments under international agreements to tackle nuclear terrorism. Another important treaty—the Convention on Cluster Munitions—can be given effect if we adopt Bill S-10, the Prohibiting Cluster Munitions Act.

We will seek to update and modernize Canada’s network of income tax treaties through Bill S-17, the Tax Conventions Implementation Act, 2013, by giving the force of law to recently signed agreements between Canada and Namibia, Serbia, Poland, Hong Kong, Luxembourg and Switzerland.

Among other economic bills is Bill C-56, the combating counterfeit products act. The bill would protect Canadians from becoming victims of trademark counterfeiting and goods made using inferior or dangerous materials that lead to injury or even death. Proceeds from the sale of counterfeit goods may be used to support organized crime groups. Clearly, this bill is another important one to enact.

Important agreements with the provinces of Nova Scotia and Newfoundland and Labrador would be satisfied through Bill S-15, the expansion and conservation of Canada’s national parks act, which would, among other things, create the Sable Island national park reserve, and Bill C-61, the offshore health and safety act, which would provide clear rules for occupational health and safety of offshore oil and gas installations.

Earlier I referred to the important work of committees. The Standing Joint Committee on the Scrutiny of Regulations inspired Bill S-12, the incorporation by reference in regulations act. We should see that committee's ideas through by passing this bill. Of course, a quick reading of today's order paper would show that there are yet still more bills before the House of Commons for consideration and passage. All of these measures are important and will improve the lives of Canadians. Each merits consideration and hard work on our part.

In my weekly business statement prior to the constituency week, I extended an offer to the House leaders opposite to work with me to schedule and pass some of the other pieces of legislation currently before the House. I hope that they will respond to my request and put forward at our next weekly meeting productive suggestions for getting things done. Passing today's motion would be a major step toward accomplishing that. As I said in my opening comments, Canadians expect each one of us to come to Ottawa to work hard, vote on bills and get things done.

In closing, I commend this motion to the House and encourage all hon. members to vote for this motion, add a few hours to our day, continue the work of our productive, orderly and hard-working Parliament, and deliver real results for Canadians.

Peter Van Loan Leader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue the debate on today’s opposition motion from the NDP. Pursuant to the rules of the House, time is allocated and there will be a vote after the two-day debate.

Tomorrow we will resume the third reading debate on Bill S-9, the Nuclear Terrorism Act. As I mentioned on Monday, I am optimistic that we will pass that important bill this week.

Should we have extra time on Friday, we will take up Bill C-48, the Technical Tax Amendments Act, 2012, at report stage and third reading.

When we come back from constituency week, I am keen to see the House make a number of accomplishments for Canadians. Allow me to make it clear to the House what the government's priorities are.

Our government will continue to focus on jobs, growth and long-term prosperity. In doing that, we will be working on reforming the temporary foreign worker program to put the interests of Canadians first; implementing tax credits for Canadians who donate to charity and parents who adopt; extending tax credits for Canadians who take care of loved ones in their homes; supporting veterans and their families by improving the balance for determining veterans' benefits; moving closer to equality for Canadians living on reserves through better standards for drinking water, which my friend apparently objects to; giving women on reserves the rights and protections that other Canadian women have had for decades, something to which he also objects; and keeping our streets and communities safer by making real improvements to the witness protection program. We will of course do more.

Before we rise for the summer, we will tackle the bills currently listed on the order paper, as well as any new bills which might get introduced. After Victoria Day, we will give priority consideration to bills which have already been considered by House committees.

For instance, we will look at Bill C-48, which I just mentioned, Bill C-51, the Safer Witnesses Act, Bill C-52, the Fair Rail Freight Service Act, and Bill S-2, the Family Homes on Reserves and Matrimonial Interests or Rights Act, which I understand could be reported back soon.

I look forward also to getting back from committee and passing Bill C-60, , the economic action plan 2013 act, no. 1; Bill S-8, the safe drinking water for first nations act; and Bill C-21, the political loans accountability act.

We have, of course, recently passed Bill C-15, the strengthening military justice in the defence of Canada act and Bill S-7, the combating terrorism act. Hopefully, tomorrow we will pass Bill S-9, the nuclear terrorism act.

Finally, we will also work toward second reading of several bills including: Bill C-12, the safeguarding Canadians' personal information act; Bill C-49, the Canadian museum of history act; Bill C-54, the not criminally responsible reform act; Bill C-56, the combating counterfeit products act; Bill C-57, the safeguarding Canada's seas and skies act; Bill C-61, the offshore health and safety act; Bill S-6, the first nations elections act; Bill S-10, the prohibiting cluster munitions act; Bill S-12, the incorporation by reference in regulations act; Bill S-13, the port state measures agreement implementation act; Bill S-14, the fighting foreign corruption act; Bill S-15, the expansion and conservation of Canada’s national parks act, which establishes Sable Island National Park; and Bill S-17, the tax conventions implementation act, 2013.

I believe and I think most Canadians who send us here expect us to do work and they want to see us vote on these things and get things done. These are constructive measures to help all Canadians and they certainly expect us to do our job and actually get to votes on these matters.

I hope we will be able to make up enough time to take up all of these important bills when we come back, so Canadians can benefit from many parliamentary accomplishments by the members of Parliament they have sent here this spring.

Before taking my seat, let me formally designate, pursuant to Standing Order 81(4)(a), Tuesday, May 21, as the day appointed for the consideration in a committee of the whole of all votes under Natural Resources in the main estimates for the final year ending March 31, 2014. This would be the second of two such evenings following on tonight's proceedings.

Peter Van Loan Leader of the Government in the House of Commons

Mr. Speaker, I thank the opposition House leader for his stream-of-consciousness therapy.

Our government, however, is very focused. Our top priority is jobs, growth and long-term prosperity. With that in mind, this afternoon we will continue second reading debate on the cornerstone item of our legislative agenda, which is Bill C-60, the economic action plan 2013 act, no. 1. We will continue this debate tomorrow.

Next Monday, May 6, will be the fourth day of second reading debate on this important job creation bill, and Tuesday May 7 will be the fifth and final day.

Once debate is concluded, the House will have an opportunity to vote on the substantive job creation measures in this bill.

On Wednesday, the House will debate Bill S-8, the Safe Drinking Water for First Nations Act. This will be the fourth time this bill is debated at second reading so it is my hope and expectation that this bill will come to a vote.

With the vote, there will be another clear choice before the House. Members will be voting to allow for national standards for on-reserve drinking water. This is a question of basic equality. I know the opposition voted against equality for women on reserves when it voted against Bill S-2, matrimonial property on reserves, but I hope they have stopped grasping at excuses to oppose equal treatment for first nations and will now support Bill S-8.

While I am speaking about aboriginal affairs, allow me to take the time to notify the House that I am designating, pursuant to Standing Order 81(4)(a), Thursday, May 9, for consideration in committee of the whole all votes under Indian Affairs and Northern Development in the main estimates for the fiscal year ending March 31, 2014.

On Thursday, we will continue to advance the economic priority of our legislative agenda by debating Bill C-48, the technical tax amendments act, 2012, in the morning. Following question period on Thursday, May 9, we will continue Bill S-9, the nuclear terrorism act at third reading. I understand there is broad support for this bill, so I hope to see it pass swiftly. Then we can move on to other legislation, including: Bill C-49, the Canadian museum of history act; Bill C-51, the safer witnesses act; Bill C-52, the fair rail freight service act; Bill S-10, the prohibiting cluster munitions act; Bill S-12, the incorporation by reference in regulations act; Bill S-13, the coastal fisheries protection act; and bill S-14, the fighting foreign bribery act.

Finally, Friday, May 10 will be the seventh allotted day, which I understand will be for the NDP.

Peter Van Loan York—Simcoe, ON

moved for leave to introduce Bill S-13, An Act to amend the Coastal Fisheries Protection Act.

(Motions deemed adopted, bill read the first time)

The Speaker Andrew Scheer

I have the honour to inform the House that a message has been received from the Senate informing the House that the Senate has passed the following bill to which the concurrence of the House is desired: Bill S-13, An Act to amend the Coastal Fisheries Protection Act.

Randy Kamp Parliamentary Secretary to the Minister of Fisheries and Oceans and for the Asia-Pacific Gateway

Mr. Speaker, again, I want to thank the hon. member for New Westminster—Coquitlam for bringing this important issue to the attention of this House.

I think I can safely say that every member of this House, as do I, thinks the practice of shark finning is an awful thing. It involves the removal of the shark's fin while it is still alive and discarding the rest of the animal into the sea to die of suffocation or predation. We all agree that this is deplorable. Where we might disagree is on how to deal with the issue of shark finning, and I am not yet convinced that Bill C-380 is the way.

To remind hon. members, the bill proposes to amend two federal acts: the Fish Inspection Act, to prohibit the importation of shark fins; and the Fisheries Act, to prohibit the practice of shark finning in Canada. As my colleague, the Parliamentary Secretary to the Minister of Agriculture, has spoken on the Fish Inspection Act, I will focus primarily on the changes proposed to the Fisheries Act.

Bill C-380 calls for amendments to the Fisheries Act to ban the practice of shark finning. However, the bill attempts to fix something that is not broken. Shark finning is banned in Canada and has been for almost two decades. In fact, the practice of finning has been banned in Canada since 1994, through licensing conditions under the fishery general regulations. That ban applies to Canadian fishery waters as well as licensed Canadian vessels fishing outside of our territorial waters.

Shark fishing in Canada is governed by sustainable management plans that include strong enforcement regimes to ensure that finning does not occur in Canadian fisheries, and these apply to all shark fisheries in Canadian waters. Indeed, only a few shark species are harvested in Canada, including spiny dogfish, porbeagle shark, shortfin mako shark and blue shark. These harvests are carefully managed based on the best scientific advice, and Fisheries and Oceans Canada is allowed to monitor shark populations in order to ensure their conservation. The shark fishery in Canada is highly regulated, with rigorous dockside monitoring. In fact, Canada maintains the first and only shark fishery in the world to be certified as sustainable by the Marine Stewardship Council.

As mentioned, in 1994, due to rising concerns over the practice, the Canadian government prohibited shark finning. The Minister of Fisheries and Oceans was given the ability to do this under section 7 of the Fisheries Act, which sets out the minister's authority to issue leases and licences for fisheries or fishing. Section 22 of the regulations provides the minister with specific authority to set out targeted licence conditions for the proper management and control of fisheries and the conservation and protection of fish. These provisions provide the minister with the authority to impose measures to eliminate shark finning as a licence condition.

Therefore, the regulations already allow the minister to impose, as a licence condition, measures to eliminate shark finning, which has been done. Today, all licence holders for Canadian shark fisheries and for fisheries where sharks are landed as bycatch are subject to licence conditions that prohibit them from engaging in shark finning. Why try to reinvent the wheel with Bill C-380?

The ban is enforced through a number of different internationally accepted methods across Canada. One approach requires that the number of fins correspond with the number of shark carcasses landed by shark fishing vessels. Under a second and more common approach, the number of fins on shark fishing vessels cannot exceed 5% of the overall weight of carcasses onboard when it lands. Both methods are intended to ensure that sharks are not being caught solely for their fins.

All licensed shark fishing vessels in Canada are subject to 100% monitoring to ensure this ratio is respected. Any violation of a licence condition is an offence under the Fisheries Act. Penalties for those found to be in contravention of their conditions of licence range from warnings, to prosecution, to requests for a court-imposed licence suspension and quota penalties, to loss of the privilege to renew the licence.

These measures were put in place to ensure Canada's shark fishery conforms to sustainable harvesting practices. It is a very practical approach and it has worked well. There has been only one minor breach in recent years; otherwise shark finning has not been an issue in Canadian fisheries. I would also add that Canada's approach is an internally accepted standard within regional fisheries management organizations.

While the bill is flawed, there are other ways to address the issue. For example, the proposed amendments to the Coastal Fisheries Protection Act would provide new tools for Canadian officials to seize shipments of fish products that have been caught illegally, such as shark fins. The proposed revisions to the Coastal Fisheries Protection Act currently being reviewed by the Senate, as Bill S-13, would provide the legislative authority for Canada to prevent the import of fish products from illegal sources. Additionally, Canada has worked with other countries to put an end to this practice. The Government of Canada will continue to work with our international partners to ensure sustainable management of sharks, including the prohibition of the practice of finning.

Globally, Canada promotes the sustainable management and conservation of sharks through international organizations, including the United Nations Food and Agriculture Organization, and regional fisheries management bodies, such as the International Commission for the Conservation of Atlantic Tunas. There are also a number of international agreements, to which Canada is a party, which govern the conservation management and trade of certain at-risk shark species. For instance, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, usually called CITES, protects the great white shark, and basking and whale sharks. Imports of any of these shark species, or any of their parts, into Canada is only permissible if accompanied by an export permit from the country of origin that certifies the imported shark, or products derived from it, was caught in a scientifically proven sustainable fishery.

Furthermore, proposals have been submitted to have three more added, at the sixteenth meeting of the Conference of the Parties convention to be held in March.

To summarize, Canada has taken action against the deplorable practice of illegal shark finning. This practice has been banned in Canada since 1994. Canada believes that working through regional fisheries management organizations to ensure strong management and enforcement practices globally is the most effective way to prevent unsustainable shark fishing practices, such as finning. A complete trade ban would penalize responsible legitimate fishing practices without addressing overfishing practices or improving global fisheries management. We will continue to support responsible, legal shark harvesters and crack down on those who break the rules.

Given the above, the government cannot support the private member's bill, Bill C-380.