Bill C-45 (Historical)

Fisheries Act, 2007

An Act respecting the sustainable development of Canada's seacoast and inland fisheries

This enactment repeals and replaces the Fisheries Act. It seeks to provide for the sustainable development of Canadian fisheries and fish habitat in collaboration with fishers, the provinces, aboriginal groups and other Canadians.
It sets out management principles governing the exercise of responsibilities under the Act, and provides tools and authorities to improve the ability of the Minister of Fisheries and Oceans to properly manage fisheries and fish habitat.
Part 1 establishes a regime for the proper management and control of fisheries. It allows the Minister to stabilize access and allocation in fisheries, issue fishing licences, conclude agreements with groups that participate in a fishery and issue fisheries management orders.
Part 2 provides for the conservation and protection of fish and fish habitat.
Part 3 provides for the control and management of aquatic invasive species.
Part 4 provides the necessary powers to administer and enforce the Act.
Part 5 establishes the Canada Fisheries Tribunal and sets out a system of licence sanctions for fisheries violations to be administered by that Tribunal, which will also consider appeals of licence decisions.
Part 6 provides for regulations and other related matters required for the administration of the Act.
Part 7 sets out transitional provisions, consequential amendments and coordinating amendments and repeals certain other Acts.

Fisheries Act, 2007

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, I hope to lower the noise for just a little bit, if I may, in respect of my hon. colleagues.

I am proud to be standing here today to be talking about this significant act, there is no doubt about it. This is something that replaces an act that existed for well over 137 years, so certainly we take this very seriously.

What I would like to do in my allotted is just point out some of the questions that surround this particularly thick piece of legislation. Questions, I am afraid, probably outnumber all of the comments, all of the negativity, and even the positive comments that come from this. That is what is troubling to us.

For the record, we had requested the government to send this to a committee before second reading, to widen the scope and to gain some insight from across this country. This will not be addressed by sending the legislation to committee after second reading. Unfortunately, it was dismissed and here we are finding ourselves today at second reading.

I would like to start, if I may, with the few notes that I have made and delve into the act itself, as the parliamentary secretary did earlier. Some of those I will take some issue with; some I will have some positive comments about.

The provisions of Bill C-45 represent a significant redirection in the role of public policy with respect to the fisheries on our coast and our inland fisheries. Quite significantly, the devolution of authority appears significant enough to ensure a far greater role for the provinces in terms of management and activities associated with the conduct of the fisheries, as well as a new empowered role for fishers, communities and the organizations which either represent them, or more importantly, employ them. As we all know and my colleagues know, this has been going on for many years, the idea of co-management and the idea of a greater say, which leads me back to my first point.

It is unfortunate that here we are, taking the first step toward a regime where we can have more say in the fishery by the stakeholders, but yet this bill itself did not receive the same process. Suffice it to say, we are not off to a positive start when it comes to recommendations, and certainly with the input.

Let me discuss some of the initial recommendations, and again, my speech will be filled with many questions, some doubts, some positive comments, and some negative comments. But mostly clarification, so that hopefully, through the course of this debate, a lot of this clarification can take place. I would also like some clarification on how far the ministry is prepared to go when it goes to committee, if it goes to committee after second reading.

Let me begin with the preamble. When it comes to the preamble, one of the things it says is: “the conservation and protection of fish habitat and the prevention of the pollution of waters frequented by fish.” It also says that: “Parliament intends that Canada’s fisheries be managed sustainably”.

First of all, we have to talk about “managed sustainably”. There is need for more clarification on this issue and to flush out exactly what it is we are talking about here. The act is a little bit loose in many areas and unfortunately, that would be one of them.

It says “Parliament intends”, and there we have to deal with that as a contentious issue. Members will find that a lot of this act contains a lot of intends, wishes, mays, and all the things that sound great but lack a lot of teeth. Therefore, we are hoping that this part of the bill can be changed and amended. Unfortunately, in my opinion, I do not feel that it can be done to our satisfaction by going to committee after second reading, and this troubles me.

The preamble also states:

WHEREAS Parliament intends that this legislative framework be applied in a manner that fosters cooperation with the provinces and with bodies established under land claims agreements--

Therein lies, with some of the application principles, some of the doubts in some of the feedback that we are getting. No doubt about it, we are getting a lot of positive responses from the provinces. We are also getting a few questions, and a lot of provinces are also, in their own departments, still trying to go through the legal framework of this to wrestle with some of the concepts.

Subsection 35(1) of the Constitution Act recognizes and affirms the existence of aboriginal and treaty rights. It also talks about the stable access.

After that, we find that there is a contentious issue in the preamble itself. It states:

WHEREAS Parliament is committed to maintaining the public character of the management of fisheries and fish habitat;

Many people have commented and questioned, and no doubt about it we will hear a lot of comments and questions from my hon. colleague in the NDP about this particular issue, which I am looking forward to hearing, that the public character of the fishery itself has to be addressed and is something that cannot be addressed within the scope of a committee after second reading.

As a matter of fact, it is my understanding that in many instances in Parliament, as well as the standing committees, many of the attempts to fix a preamble cannot be done in committee after second reading. In many cases, it can be ruled out of order or when it comes back to the House, it can be ruled out of order by the Speaker. Therefore, it puts us in a bit of a bind. As my colleague pointed out in his questions and comments, where is the charter decision from a few years back?

There is another issue that is not addressed here and there is ample opportunity to address it within the preamble as one of the guiding principles, so to speak. There is an issue in my home province of Newfoundland and Labrador and for Atlantic Canada with regard to fleet separation and, more importantly, trust agreements. I think there is room in the preamble to address this issue, as mentioned to me by many groups.

Vertical integration will scare a lot of fishermen. It has always been the policy whereby what trust agreements do is freeze out the inshore fishermen and, therefore, is the cause of grave concern across this country. Some may like this policy, but for the most part they do not.

That is not addressed in this particular act, as it should be. I would compel the minister to please do this, to provide the standing committee the power to do this and, I go back to my original comment, to do this in committee before second reading would have accomplished this.

I will now go to some of the clauses beyond the preamble itself and again I have grave concerns as to whether the preamble can be fixed in this manner of going to committee after second reading. I would implore the minister to answer this question at some point in his speech. I am assuming he will be speaking during this debate.

There are specific clauses which should be examined. There is need for a very significant strengthening of a number of specific clauses. The following, while attempting to be comprehensive, is not exhaustive given additional concerns of respected clauses, not referred to, will likely arise.

I will begin with clause 3. There is the need to ensure that those participating in the fishery are clearly defined. For example, in clause 3 there is reference to organizations as being licence holders while in clause 43, the minister may enter into fisheries management agreements with an “organization”. Clarification around the term “organization” is certainly necessary within the scope of this bill. It keeps it open ended.

I go back to the theme that I talked about in the beginning. There are a lot of open ended variables involved here that need to be clarified, the scope of which, after second reading, is likely not going to be.

Let me go to clause 6. Under the provisions of clause 6, the application of principles, there is the need to strengthen these provisions which will ensure that the minister will take the strongest possible actions in order to ensure that the fisheries are managed in a manner consistent with sustainable development based on the principles, of course, of conservation. The wording of this clause does not necessarily reflect that priority. Again, it is a major question that needs to be clarified.

The implications of clause 7 require careful examination as well. On the surface, it would appear that the minister will be empowered to enter into agreements with the provinces to further the purpose of the act as contained in clause 2, which effectively will devolve management decisions to the provinces. Therefore, I have no contentious issue with that.

However, a lot of clarification is needed on questions of funding. It is touched on in this act, but what does it imply? Does it mean they must or they may? Again, we go back to that concept. If we look at some of the language that is contained within this bill, we will see that there are a lot of variables surrounding this particular issue. For instance, “The minister may, subject to the regulations, enter into an agreement with a province to further the purpose of this Act, including an agreement with respect to one or more of the following”. Again I go back to the issue of “may”. It facilitates cooperation, that is true, but there needs to be more clarification.

I understand from my hon. colleague that he is getting favourable responses from the provinces, and obviously we are off on a positive step. However, what he refers to takes place prior to the tabling of the bill, and I will touch on that in just a moment. The consultation process that my colleagues talk about in the Bloc as well as the NDP is an extremely contentious issue and one that needs further discussion, far greater than the scope of a committee that follows second reading.

Under the provisions of clauses 11 to 13, the federal government, through the minister, will be able to undertake programs and projects. The scope and range of these programs and projects are widely spread and imply that the federal government will be financially responsible for funding them both. Again, this is a matter which requires careful consideration.

Under the provisions of clause 14, “The Minister may”, and again I stress the word “may” “in order to carry out the purpose of this Act”, strike advisory panels. However, that discretion allows the minister not to strike panels as well. He may do in whatever case that he deems necessary. Therefore, the power, we would think, becomes far more stretched, far more varied, more wielding under the situation of “may”. For example, at the end of this day, I may jump off the House of Commons right into the lake, but I may not. The chances are I will not, but I may. So hon. members will get the point of--

[Raynald Blais, Bloc, Gaspésie—Îles-de-la-Madeleine, QC]

Mr. Speaker, I was originally planning to ask a question about the consultations or so-called consultations on the bill before us today. Following the question of my Liberal colleague from New Brunswick on the Bennett file in Belledune, however, I would like to ask two questions.

With respect to the Bennett file in Belledune, in theory, the minister should be able to act under section 35 of the existing legislation, given that we are effectively finding ourselves in a situation where an incinerator has been built—incidentally, construction was completed—in Belledune, near Chaleur Bay. This raises special concern because of the resource in and around Chaleur Bay.

In fact, lobsters caught around Belledune are not for human consumption; they are cast aside because they are too polluted. With a new incinerator, one can wonder, and I think that concerns are legitimate. I would like to hear the parliamentary secretary on that.

With respect to the consultations, there are people who do not feel they have been consulted at all on Bill C-45. In particular, I will mention Marc Couture, the president of the Association des crabiers gaspésiens, and Daniel Desbois, the president of the Association des crabiers de la Baie, who said the following about Bill C-45, in response to a statement made by the parliamentary secretary in a recent press release about the legislation.

After reading this statement about Bill C-45...which arrived at the last minute like a Christmas present, knowing that we will not have the time to read the bill, let alone make sense of some of its provisions, we fishers inform you that at no time have we been consulted in any way about any change in connection with the Fisheries Act and that we formally oppose any change that could be made to the act without us first being able to discuss the matter with Fisheries and Oceans Canada.

[Jean-Claude D'Amours, Liberal, Madawaska—Restigouche, NB]

Mr. Speaker, I thank the member opposite for his speech.

About Bill C-45, I can say that the protection of fish habitat is very important for Atlantic Canada. There are some facts to consider and if we really want to conserve those habitats, we need legislation that protects them from invasive species and limits pollution risks.

Let me give a quick example. When someone wants to build an incinerator near a body of water, like Chaleur Bay, in my area, it seems that the Fisheries Act of the Department of Fisheries and Oceans offers absolutely no regulations to protect nearby habitats. I do not see in Bill C-45, which we are debating, the improvements that could guarantee the protection of fish habitats.

In spite of that, could the hon. member reassure me in this regard or could he simply say that, all things considered, there is nothing in the act to protect the projects situated near a body of water when new infrastructures are built?

[Randy Kamp, Conservative, Parliamentary Secretary to the Minister of Fisheries and Oceans]

Mr. Speaker, it is an honour to lead off the debate today on Bill C-45, An Act respecting the sustainable development of Canada's sea coast and inland fisheries.

It is no exaggeration to say that the provisions of the bill represent some of the most sweeping changes made to the Fisheries Act since its inception well over a century ago.

Some of the decisions we will be making about the bill in the weeks and months to come will affect both our aquatic ecosystems and the future of tens of thousands of fellow Canadians in the decades to come.

With such an important piece of legislation before us, I hope my colleagues will indulge me a little if I take a step back and start by looking at the big picture of the fishery in Canada and, in so doing, putting it in context with the measures we are proposing.

Most Canadians know, either intuitively or through first-hand experience, of the importance of the fishery to the social and economic well-being of our nation. Most will know that we are the second largest country in the world, one of the foremost maritime nations on the planet and that we boast the world's longest coastline and the largest freshwater system.

Perhaps fewer know that we have the largest offshore economic zone, a zone equivalent to 37% of our total land mass. With such a maritime geography, it is no wonder our national fishery and aquaculture industries remain key to our economy. They provide over 100,000 direct jobs and substantial spinoff employment. More than $4.2 billion in fish products are exported every year. An estimated four million recreational fishers inject about $7 billion annually into the economy.

Since many Canadians live either on a coast or near freshwater, it is probably fair to say that most of us have or know someone who has some connection to the recreational or commercial fishery.

It is with great pride and pleasure that I stand before the House today with a very substantial piece of legislation in hand, legislation that cannot help but improve the state of the fishery and the lives of those who work in it.

I said at the outset that that enactment of the legislative proposals contained in the bill would make for the most fundamental, most sweeping changes to the Fisheries Act since it was first made law in 1868.

Although it has been subject to numerous reviews, the act has only been revised on a piecemeal basis over the years. Those changes tended to patch up holes for a while but we are in a new century and we need modern tools for a modern era.

Fisheries management is now a far more complex challenge and patchwork solutions will no longer do the job. The long and short of it is that the current act no longer responds to the evolving needs of the resource, nor does it reflect the expectations of those who fish the resource or of Canadians in general.

In our opinion, the act needs a complete modernization, which is exactly what Bill C-45 represents.

Before I get into some of the specifics of the legislation, I would like to acknowledge the hard work and input of our parliamentary oversight bodies on this file, the standing committees from both Houses and, of course, the Standing Joint Committee for the Scrutiny of Regulations. From licensing issues to aquatic invasive species and sanctions, three among many issues that these committees have identified as needing legislative action, committee members should quite rightly take great satisfaction in seeing some of their key concerns being addressed in the bill.

Bill C-45 follows on extensive cross country consultations and discussions over the past several years with all provinces and territories, as well as fishing interests, aboriginal groups and stakeholder groups. Through several processes, we have gained support for the broad principles of the bill from fishing stakeholders.

There is no doubt that we are asking a lot of the bill. We are seeking no less than to modernize the management of Canada's fishing industry, to enshrine conservation measures that safeguard the aquatic ecosystems and preserve our proud tradition of fishing on which tens of thousands of licensed fishermen depend, not to mention the survival of those who work in the spinoff jobs that the fishery provides. In the process, we want the new legislation to provide a framework that provides greater stability, transparency and predictability in all aspects of fisheries managements. It is a tall order for a single piece of legislation.

It is always a difficult proposition finding exactly the right balance between competing interests, but it is our job, frankly, to find that balance, one that does not compromise fundamental principles of good stewardship or good economics. I do not believe the two to be mutually exclusive. I think Bill C-45 walks that fine line quite nicely.

For the purposes of our discussion today, we cannot possibly do more than touch the surface of legislation that has over 250 sections. However, it is helpful to note that the current act does not provide direction or guidance to the minister or to DFO on the goals, objectives and management principles that should be the basis of fisheries and fish habitat management. It is that lack of direction and goals that we are correcting in Bill C-45.

The new version includes a preamble, a purpose clause and management principles that do define important values and objectives for fishing and conservation. They speak to such issues as stakeholder and public input in decisions that affect our fisheries; the fostering of cooperation with the provinces; the conservation and protection of fish habitat and its importance; the application of effective deterrents to illegal fishing; the economic viability of the resource and the industry; and managing consistent with existing aboriginal and treaty rights. Those are the major guidelines upon which those 250 sections are subsequently based.

I will start with the matter of accountability. There is no doubt that the system needs to be more open and more accountable. Consequently, we have removed from the act the absolute discretion of the minister but that does not mean the minister is no longer responsible for running the fishery. He or she will remain in charge of making the overall policy decisions and many other decisions. However, the new law says that ministers must answer for their actions and explain why decisions were taken. That is significant because it finally eliminates the perception that ministers can make allocation decisions based solely on politics.

I have heard my colleague, the member for Gaspésie—Îles-de-la-Madeleine, call on the minister to end the perceived political interference in the system. Bill C-45 would do exactly that.

In addition to wanting more transparent decisions, one of the things fishing groups tell us all the time is that they want the chance to formally sit down with DFO on a more regular basis. It does make sense that local stakeholders would want to take on some responsibility, authority and accountability of their own. The act would strengthen shared stewardship through fisheries management agreements, a very important provision in this new act. It would increase the influence of fishers over matters that affect their livelihood, which is where the establishment of advisory panels will prove useful. As well, members of the public would be given a more active role so that the process of making the rules is more transparent.

The legislation now recognizes in law the existing high level of intergovernmental collaboration by allowing the federal government to sign agreements with provinces and territories to set joint goals and coordinate policies and programs. It formally authorizes governor in council to delegate the appropriate fisheries management powers to a province or territory.

In our opinion, this too makes sense. Our regional counterparts have close ties to the communities and, in several cases, administer freshwater fisheries for us. Of course, jurisdictionally the provinces already play a role in managing the processing sector and aquaculture. It is clearly advantageous that we share information and harmonize our programs where possible.

The new act would create the ability for provincial regulations that protect fish habitat to be deemed equivalent to federal regulations in cases where they meet or beat the national standard. This would eliminate unnecessary duplication of regulation across levels of government and allow the department to focus its resources on projects that pose a higher risk to fish habitat.

I am very pleased to confirm that provincial and territorial governments are openly supportive of the act's overarching principles and proposed concepts. In fact, they unanimously showed their support for new legislation in the final communiqué of the Canadian Council of Fisheries and Aquaculture ministers in their meetings last October.

I do not think it is an overstatement to say that at the heart and soul of the proposed new Fisheries Act are the provisions that will safeguard our aquatic ecosystems.

If we do not succeed in that endeavour, then all other considerations fall by the wayside. They provide the key proactive measures to conserve and protect fish and fish habitat.

Perhaps not surprisingly, it is in the area of habitat protection where we find the most polarized views on the part of stakeholder groups. Environmental organizations, on the one hand, clearly and quite rightly, have concerns about any weakening of the protection offered by the act in its current form. Industry stakeholders, on the other hand, are looking for increased transparency, predictability and efficiency in decision making.

I must say something that is very important. The proposed legislation does not look to change the fundamental elements of the habitat protection provisions. It does seek, however, to make modest changes that would make the administration of these sections more effective in the conservation and protection of fish habitat and more efficient in its application.

A weakness in the current act is that it treats fish habitat protection and pollution prevention as issues separate from fisheries management.

Habitat protection in the new act becomes an integral element of proper fisheries management. This one item alone is probably the single most fundamental change to the current way of doing things. Under the new act, impacts to fish habitat must be considered prior to allocation decisions or issuance of licences. The minister's authority and duty to do this is stated explicitly in this legislation.

The new law would also extend the scope of inspectors' powers to cover any project that could be harmful to fish habitat, in addition to those dealing with the release of deleterious substances, as is now the case.

Inspectors will work with the public to help them better understand the provisions of this act but they will also be able to confirm that conditions of habitat authorizations are being met and, where necessary, give directions to remedy harm to fish habitat. Most important, these new inspector powers will support efforts to monitor the effectiveness of habitat regulatory requirements and allow the department to adapt its requirements based on what it learns.

Of course, fisheries officers will continue to support the habitat program by conducting high risk enforcement activities and supporting prosecutions where necessary.

Those are some of the changes the government is proposing to improve the effectiveness of the habitat protection provisions.

Members will recall that earlier I mentioned that we would allow provincial regulations to be used where they meet or exceed federal ones. However, the legislation, quite rightly, allows us to reinstate federal regulations where provincial ones are not doing the job.

What is also new is the enshrining in law, for the first time, a precautionary approach to conserve aquatic resources and putting in place a science based ecosystem approach to fisheries management. That is very important.

Some other highlights include the provisions concerning aquatic invasive species. We only have to think of the sea lamprey in the Great Lakes to understand the incredible destruction that can be wrought by the wrong species invading the wrong habitat. Clause 69 would ensure, for the first time, that whenever aquatic invasive species are released, transported, imported or exported, such activities may be carried out only in accordance with regulations enacted by the governor in council.

Other new provisions would allow the minister or a designate to authorize the destruction of an invasive species in order to protect native habitats. The regulations would introduce a number of controls to manage invasive species in all Canadian waters.

There are many more features aimed at protecting our aquatic resources but the ones I just outlined should give members a flavour of the new act.

I would like to talk for a moment about enhancing competitiveness. Protecting the resource cannot help but improve the business of the fishery. Secured access and allocations to Canada's oldest industry are essential to the economic prosperity of fishing enterprises, fish processors and hundreds of coastal communities. Predictability is central to keeping the industry thriving and, by extension, those communities. Therein lines the problem.

Industry stakeholders see the current licensing and allocation process as unstable and unpredictable. Consequently, they find it hard to plan, raise capital or make rational business choices and that is why the legislation has specific provisions that improve the business operating environment of resource users. To that end, the new act would provide for stability, greater clarity and fairness.

The criteria and considerations for getting a licence for the first time will be sharply defined in the regulations resulting from the bill. The minister will make policy decisions for police. It will be the job of licence officers to issue licences to individuals based on these regulations.

We believe much peace of mind will be derived from the prospect of long term allocations, potentially up to 15 years, and will ease the burden of business uncertainty for fishing enterprises. It will permit them to plan ahead in greater confidence. Let me highlight that this move will benefit the individual fishers in the boat. Despite alarmist empty rhetoric to the contrary, which we will undoubtedly hear repeated by members in the days to come, this does not open the door to foreign countries to fish in Canadian waters. Let me say that again; this does not open the door for foreign countries to fish in Canadian waters.

In addition, the new act will provide the tools needed to sustainably manage the fisheries from oceans to plate with provincial partners and stakeholders. In effect, this will mean more value, more benefits and more support for Canada's rural coastal communities at a time of great need. On balance, those on the industry side will be very pleased with these changes to help them better plan and manage their activities.

Finally, all stakeholders want a better system to deal with rule breakers. Most involved in the fishing industries are committed to keeping the laws and regulations and are frustrated when they find some who are not and who are not dealt with in an effective way.

The current court based system is inefficient, ineffective and unwieldy. We need more clout to deal with people who step out of line. Currently the minister can only suspend or cancel a licence for breaches of licence conditions, not for breaches of regulations or general prohibitions of the act. All we can do is spend a lot of time and money dragging violators into court where fines are just about the only penalty.

The legislation envisages an arm's length Canada fisheries tribunal that would hear licence appeals and impose sanctions and financial penalties to licensed fishers in coastal fisheries. Minor violations would result in tickets and would only be heard by the tribunal if they were contested, just like a traffic ticket. The system would be fairer, more credible and more efficient. It would also be a more effective deterrent because some penalties would affect the ability of offenders to keep fishing, as well as hit their pocketbook. That is why a sanctions tribunal is so popular within the fishing community.

Other contraventions of the act, such as habitat destruction, infractions in inland fisheries managed by a province, and poaching would continue to be handled by the courts. I like the idea of using the penalty system to support conservation measures.

Before I conclude my remarks, I want to say a few words about aboriginal participation in the fisheries.

The proposed act affirms that Parliament recognizes the importance of the fisheries to many aboriginal communities. Aboriginal groups bring great knowledge and experience to modern fisheries management. The bill provides first nations and other aboriginal groups a more direct role in the management of their harvesting of fish. This would be done through such mechanisms as fisheries management agreements where details on involvement in management and the decision making process could be identified.

The proposed bill also provides for the consideration of traditional knowledge in decision making where such information is available to DFO. In addition, one of the guiding principles in the bill stipulates that those involved in the administration of the act must seek to manage fisheries and conserve and protect fish and fish habitat in a manner that is consistent with the constitutional protection provided for existing aboriginal and treaty rights.

As my allotted time is almost up, I will bring my remarks to a close. As the minister has said many times, his job is to sustainably manage our public fish and oceans resources on behalf of Canadians and for the maximum benefit of Canadians. He does not own the fish, nor does his department or the government as a whole. As Canadians we all own this common property resource and passage of this legislation will help us in this task.

This bill should pass through second reading quickly and move on to committee where it can be improved, if necessary. The time to act is now. The livelihood of too many Canadians rests on our decision to give thoughtful, but reasonably expeditious, passage to this legislation. I look forward to the House passing it.

[John Baird, Conservative, Ottawa West—Nepean, ON]

moved that Bill C-45, An Act respecting the sustainable development of Canada's seacoast and inland fisheries, be read the second time and referred to a committee.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, today we will continue the debate on the Liberal opposition motion.

Tomorrow morning we will begin debate on the procedural motion relating to the back to work legislation, to which the opposition House leader was referring. Also, we will have Bill C-45, the Fisheries Act, following question period.

On Monday, we would like to conclude the debate on the statutory order regarding the Anti-terrorism Act, which is very important for Canadians for public security reasons. We are also getting down to the deadline when certain provisions of the Anti-terrorism Act will sunset.

I have consulted with the other parties and I will propose a related motion at the end of my business statement.

Next week we will consider the following bills: Bill C-37, financial institutions; Bill C-41, competition; Bill C-11, transport; Bill S-3, defence; Bill C-42, the Quarantine Act; Bill C-36, Canada pension plan and old age security; Bill C-10, mandatory minimum penalties; and depending on developments regarding the railway strike, we may call the procedural motion relating to the back to work legislation.

Thursday, March 1 shall be an allotted day.

As I mentioned earlier, following discussions with the House leaders of the other parties, Mr. Speaker, I believe if you seek it, you would find unanimous consent of the House to adopt the following motion. I move:

Motion

That, notwithstanding any Standing Order or usual practices of the House, once the Statutory Order regarding the Anti-terrorism Act is called on Monday, February 26, and when no member rises to speak on debate or at the expiry of the time provided for Government Orders, all questions necessary to dispose of the Statutory Order regarding the Anti-terrorism Act be deemed put, a recorded division deemed demanded and deferred until Tuesday, February 27, at 5:30 p.m.

Ontario Fishery Regulations, 1989

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, I appreciate the occasion to rise in the House today to respond to the disallowance resolution tabled by the Standing Joint Committee on Scrutiny of Regulations. I thank the committee for its consideration and its considerable effort in reviewing hundreds of regulations each year and for specifically looking at subsection 36(2) of the Ontario fishery regulations.

Canada's new government values the insight provided by the committee. However, I must join the minister and the Minister of Natural Resources for the Government of Ontario, the Hon. David Ramsay, in not supporting the committee's resolution to revoke subsection 36(2). Our new government has continuously maintained that the regulation as it stands is legally sound, within the authority of the Fisheries Act, and supported by case law.

This position, I add, is fundamentally the same position that was presented by the previous government. It is with a certain degree of consistency that our new government is supporting a position which is more procedural than it is political, but we do agree that bringing further clarity to compliance with licence terms and conditions as a requirement of the Fisheries Act would be important and useful in managing our fisheries.

We are doing that and more through Bill C-45, which the minister tabled recently, but until such time as Bill C-45 is passed into law and the new fisheries act comes into force, we must keep the regulation in place.

Far be it from me to suggest that politics is playing a role in the actions of the opposition members of the committee in pushing for disallowance. However, I believe it is important to step back and view this matter in context.

I understand the concerns expressed by the committee. However, members of the opposition, when they sat on this side of the House, took the same position as our new government. The apparent flip-flop is what makes average Canadians cynical about the political process.

We have a responsibility as parliamentarians to be accountable for our actions. This includes ensuring that Ontario can continue to conserve and protect its fish stocks and manage its fisheries in an effective manner.

Subsection 36(2) of the Ontario fishery regulations is crucial to doing so. It makes compliance with licence conditions, which are a part of the rules that protect the fishery, a requirement.

As the minister mentioned, we are talking about 500 commercial licences and some 1,400 commercial bait fishery licences in the province. The landed valued of Ontario's commercial fishery is somewhere around $50 million a year, contributing between $250 million and $400 million to Ontario's and Canada's economies.

Fishing is important in my riding of Renfrew—Nipissing—Pembroke. As a gateway to beautiful Algonquin Park, its residents are concerned about what effect disallowance will have on conservation efforts in Algonquin Park and all parks. They fail to see where unrestricted fishing in our parks will benefit anyone, which could be a result of a vote of disallowance.

I am pleased to confirm that the Ontario Federation of Anglers and Hunters is in total support of our new government and the Government of Ontario in the need to maintain conservation measures to protect the resource.

Our fisheries are valuable and valued resources. Fishing licences, with the terms and conditions they carry, are fundamental to protecting and managing them. They set the rules for and limits on fishing activities to preserve these resources for the future so everyone can have a chance to enjoy and benefit from them.

The provisions of the Fisheries Act and its regulations give the minister the authority not only to issue fishing licences but also to place conditions on them. Fishing licences establish everything from the type and quantity of fish that can be taken to the start and close of particular fisheries, where fishing can take place, and the type of fishing gear that may be used.

Requiring licence holders to comply with the terms and conditions of their licence is one of the most fundamental parts of an enforceable fisheries management regime. Revoking subsection 36(2) would leave Ontario in a state of limbo in enforcing these licence conditions. This could result in potentially dire economic and environmental consequences for Ontario's fishing industry and thousands of Canadians who rely upon it.

Let me share part of a recent letter that was copied to the Minister of Fisheries and Oceans. It is from the Ontario Minister of Natural Resources to the standing joint committee joint chairs. It reads:

This subsection currently provides Ontario with a suite of adaptable enforcement tools, resulting in an effective deterrent system to ensure the conservation of the resource and proper conduct of the fishery. It also assures us that the deterrent system will be certain, effective, timely and proportional to the severity of the offence.

In the absence of subsection 36(2), we lose the ability to address licence violations, thus imposing unnecessary hardship to fishers for minor offences. In addition, we would also lose the ability to enforce terms and conditions on fishing licences, which would compromise the management of the commercial fishery and jeopardize conservation objectives.

Clearly, the Ontario minister agrees that licence conditions are a key element of proper fisheries management and control in his province. In other words, they are indispensable to protecting and conserving fishery resources.

By applying for and accepting a licence, fishers agree to go about their business in accordance with attached terms and conditions. They know they will be held accountable if they do not. Fortunately, most fishers follow the rules, but let us make no mistake about it, violations do arise. Revocation of subsection 36(2) would be more than an exercise in legislative authority. It would carry very real impacts in terms of enforcement in the Ontario fishery.

Since the year 2000, more than 400 charges have been laid for failure to comply with this subsection, resulting in fines for the offenders, but I should point out, further to the standing joint committee's concerns, that no jail terms have been imposed.

Let me read for members part of another letter, again from the Ontario Minister of Natural Resources, this time to the former Minister of Fisheries and Oceans:

Without this provision, Ontario would literally have its hands tied with respect to the enforcement of the commercial fishery. It is entirely likely that the revocation of subsection 36(2) would result in chaos in the sector and threaten the sustainability of our fisheries resources.

Now consider the same prospect were fisheries governed by eight similar regulations. The standing joint committee has indicated that it would expect these regulations to also be revoked, based on the precedent this House could be setting here today. This would impact the management and conservation of virtually all fisheries in Canada.

Our party and our government accept very seriously our responsibility to the environment. The conservation pledge of the OFAH sums up our position completely:

I give my pledge, as a Canadian, to save and faithfully defend from waste, the natural resources of my Country--its soils and minerals, its air, water, forests, and wildlife.

This pledge of the OFAH is something that members should consider if they feel as strongly as I do when it comes to protecting our environment. Let us make no mistake about it: supporting disallowance of subsection 36(2) of the Ontario fisheries regulations will have an adverse effect on the environment.

As we proceed on this matter, I would like the members of this House to bear two things in mind.

First, by voting against disallowance of subsection 36(2) and returning the report to the standing joint committee, we would not be ignoring this regulatory concern. We would simply be taking a different approach and a more fruitful path for Canada's fisheries and the Canadians who benefit from them.

Second, the changes proposed to the Fisheries Act in Bill C-45 fully address the committee's concern with the regulation in question.

Bill C-45 clarifies that it is a requirement of the act to comply with fishing licence terms and conditions, but unlike a minor amendment bill, which the government would be forced to pursue to fill in the gap created by disallowance, Bill C-45 addresses the committee's issue and provides much more.

It will deliver greater predictability, stability and transparency in the sustainable management of Canada's fisheries. The new fisheries act will require ministers to manage the fishery, taking into account the principles of conservation, habitat protection and greater public input into decision making.

It will open the door to greater collaboration with the provinces, territories and resource users, who will work more closely with government in managing the fishery. It puts into place an effective administrative sanctioning system and brings greater stability and predictability to fishery access and sharing arrangements. It better protects fish habitat and provides a clear and more accountable licensing system.

The new licensing system will be more transparent. The minister will provide a context for all licensing decisions. That means licences will be issued according to the regulations made by the minister, but the minister will have no direct involvement in granting the licences to individuals.

Licensing officers will be the ones issuing licences according to these regulations and, under the new act, licensing officers will have the authority to refuse licences under specified circumstances. They can also attach conditions to the licence for the proper management or control of the fishery as well as the conservation or protection of fish and habitat.

However, under Bill C-45, the possibility of jail time as a penalty for contravening the requirement to comply with licence conditions has been removed.

Stakeholder groups in the provinces and territories have shown strong support for comprehensive changes to the 139 year old Fisheries Act. I do not believe it to be in anyone's interest to delay the speedy debate and approval of Bill C-45. We must move forward on this agenda as expeditiously as possible.

I do not support the standing joint committee's resolution to revoke subsection 36(2) of the Ontario fishery regulations. The better option is to concentrate our efforts on passing Bill C-45. That is why I am asking all members of the House to reject--

[Raynald Blais, Bloc, Gaspésie—Îles-de-la-Madeleine, QC]

Mr. Speaker, I am pleased to rise to speak to this matter. I should perhaps summarize the ideas expressed to this point since we are going in different directions. We are presently debating the delegated legislation and discussing Bill C-45 and fisheries management in general.

In its 4th report, the Standing Joint Committee on the Scrutiny of Regulations asked that a part of the Ontario Fishery Regulations be revoked. Although I do not disagree entirely, the committee's conclusions state that the regulation adopted exceeds the authority set out in the act. That is true; however, we must look at the overall picture. A legal void is unacceptable. Consequently, we will support the government's motion to deal with this situation.

A remedy has been presented. However, I feel that the remedy threatens to give rise to more problems than the solution presently provided. At some point we will find ourselves in a legal vacuum.

Although I am not familiar with the Great Lakes fisheries, I do know that they are an immense expanse of water with commercial fishing activities and, primarily, recreational or sport fishing.

I do not feel it would be responsible to say no and just cause problems for the current government on the pretext that there is a problem. There is a legal problem. We have a duty to act responsibly.

That is what the Bloc Québécois has always done and will continue to do. The Bloc will therefore support the motion we are debating.

Given what has been said by the parliamentary secretary, the minister and my Liberal colleague, I do not believe that Bill C-45 has solutions to all the problems with fisheries management.

In my opinion, here again, we have to act responsibly and describe what is really going on. I do not believe that, in its current form, Bill C-45 is really the answer. That is why we are asking to amend the bill and hold public consultations. By meeting with people, stakeholders, fishers from across Canada and Quebec, we will have a more complete picture of the problems with fisheries management.

I would therefore invite the minister to agree to have the committee look at Bill C-45, not to completely change it, but to improve it in order to address the various crises.

The fishing season is about to begin in Quebec and other parts of Atlantic Canada. There are questions that need answers. I believe that, once amended or improved, Bill C-45 will provide some answers. At most, we are talking about next year. We are not talking about this year.

This year, the minister has responsibilities with regard to the season that will be starting for shrimp, crab, lobster and groundfish fishers. He currently has a responsibility regarding other species.

Unfortunately, in my opinion, the government is taking too much time to act. I hope that, in the next few hours, the minister will be able to make announcements that will give shrimp fishers, for example, a good idea of what to expect. Shrimpers from New Brunswick and Quebec were here yesterday. I believe that they will be meeting with the minister today. The message is simple.

Last year, I delivered the very same message about how important it is to be able to take serious, meaningful action to help relieve the burden on shrimp boat operators everywhere, and especially in Quebec. This is basically a matter of survival for fishers, for fish plant workers and for coastal communities.

This all leads up to our position. This is about being as responsible and rigorous as always. We realize that the Standing Committee on Procedure and House Affairs came to a certain conclusion. We might agree with that conclusion, but in the end, we do not believe it is the best way to solve the problem. We do not expect to find an ideal solution, but this is not the kind of solution we are looking for.

I would go so far as to say that the proposed cure could be worse than the disease. We would end up in a legal void. Fishers would automatically find themselves in situations where they might commit offences. I do not think they would make that kind of mistake, but offences may occur.

Nevertheless, we would end up in a legal void. That means that the responsible thing to do would be to support the motion before us.

Today, the government has put forward an extraordinary measure that we support. That said, we must not make a bad habit of this over the years.

It seems to me that the new Fisheries Act, which is to be passed shortly, should improve the situation. Nevertheless I would once again urge the minister—I am told he is listening—to accept the invitation of the opposition—the New Democratic Party, the Bloc Québécois, and the Liberal Party—to send it all to the Standing Committee on Fisheries and Oceans immediately, not to drag it out, but to act responsibly and broaden the scope.

I believe this situation calls for everyone's cooperation. If we all row together, we will reach our destination and produce good results. I would urge the minister to give it serious consideration.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, contrary to what has been said by federal and provincial authorities, while the disallowance of subsection 36(2) may change the manner of enforcing complaints with terms and conditions of licences, it would not affect the ability to impose them.

The authority to issue licences and impose terms and conditions in the licence would remain, as would the ability to enforce them through licence suspensions or cancellations. The imposition of a fine or jail term for breach of a licence condition, as opposed to suspending or cancelling the same licence, has nothing to do with the sustainability of the fishery resource or conservation.

It is not unusual for licensing schemes to be established by federal legislation under which suspension or cancellation is the sole means of enforcing licences. While the enactment of new fisheries legislation may resolve this concern, given the substantive nature of the objection as well as the similar section of other regulations, the committee considers a resolution of this issue should not be delayed any further. It has been going on since 1989.

It is not acceptable that the requirements a citizen must obey upon pain of criminal prosecution be determined by a single official who decides what will or will not include the terms and conditions of a licence. That is the issue.

If I can put on my other hat as a member of Parliament and someone who has deep respect for this place, I believe there is time. This matter is very straightforward. The government could bring forward another piece of legislation to put the enabling clause in the existing Fisheries Act. It could come to the House and I am sure it would get unanimous consent to pass all stages at one sitting. The government has the tools to do it.

Bill C-45, even if it is amended to take into account provincial licensing officials, will not happen for a long period of time. In fact, parties are already clamouring for Bill C-45 to be referred to committee before second reading because they have so many problems with it.

After all this time and delay, it is clear the tools are available to the Department of Fisheries and Oceans to address this item, which has been illegal under the laws of Canada because the regulation is not enabled in the legislation. That is the legal opinion of the lawyers from the Parliament of Canada who have been assigned to our committee.

The committee's fourth report, which calls for this disallowance, was unanimously approved. This matter must be dealt with because the regulation is illegal. That is our role.

I believe the Standing Joint Committee on the Scrutiny of Regulations has done its job. It has shown good faith and given the department every opportunity to correct this error, this illegality. The government now shows that it wants more time. We will have another bill which will totally rewrite the Fisheries Act. It will take many months if not years before the bill ever gets through all the stages of the legislative process. We will be back again asking for the same disallowance.

Now is the time. I ask particularly the Bloc Québécois to consider the concerns that have been raised with regard to whether Bill C-45 addresses this matter. It is the opinion of our officials and of the officials of fisheries that Bill C-45 does not address what the committee has brought to the House. I am pleased the committee has taken this important step again.

It is the sixth time this matter has come before Parliament to be resolved. The Department of Fisheries and Oceans has not shown good faith over all this period of time. It is time for the House of Commons to vote on this matter to ensure that if it does not take the time to fix it now, the regulation be disallowed.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, we are debating the motion tabled by the government.

In short, the exercise of an administrative discretion by individual officials is enforced as if it were law.

The government has agreed to amend the Fisheries Act, and indeed tabled Bill C-45. However, as I mentioned in my point of order at the beginning of debate, fisheries officials have confirmed that Bill C-45 does not address the problem, the illegality of subsection 36(2) of the Ontario fisheries regulations, because it empowers federal officials. It does not impact provincial officials.

The problem raised by the Standing Joint Committee on the Scrutiny of Regulations is that we are talking about provincial officials. The motion is factually incorrect. I believe it is out of order.

However, if the members want to argue—

[Gerald Keddy, Conservative, South Shore—St. Margaret's, NS]

Mr. Speaker, I rise on a point of order. Are we speaking to the bill, to the gist, to the thrust of Bill C-45, or are we speaking on debate about the ability of the bill to come to the House? My understanding is we are speaking to the bill.

[Randy Kamp, Conservative, Parliamentary Secretary to the Minister of Fisheries and Oceans]

Mr. Speaker, I am pleased to respond to the report tabled by the Standing Joint Committee on Scrutiny of Regulations.

First, let me thank the committee for its diligence on behalf of Canadians in overseeing the regulations that govern this country. I have served on that committee. I know that although the work can be tedious at times, it is very important.

Earlier this month the standing joint committee tabled a report that included a resolution to disallow subsection 36(2) of the Ontario fishery regulations under the Fisheries Act. The subsection in question states that:

No holder of a commercial fishing licence shall violate any of the terms or conditions of the licence.

The committee's view is that the Fisheries Act does not provide the authority to set out in a regulation the requirement to comply with licence conditions. The government is of the view that it does.

This has been a long standing issue between the government and the standing joint committee. Governments, long before ours, have always maintained that subsection 36(2) falls within the regulation making authority under section 43 of the Fisheries Act, that it is legally sound and that it is supported by court decisions.

Section 43 of the Fisheries Act is broad enough to include the requirement to comply with licence conditions. Among other things, section 43 provides the authority to make regulations: “for the proper management and control of the sea-coast and inland fisheries”.

It also provides authority to make regulations:

(b) respecting the conservation and protection of fish;

(f) respecting the issue, suspension and cancellation of licences and leases;

(g) respecting the terms and conditions under which a licence and lease may be issued;

The Ontario fishery regulations provide clear guidance as to the conditions that could be attached to a commercial fishing licence in that province. Similar regulations exist for other fisheries. These conditions include the species, size and quantity of fish that may be taken, where and when fishing can occur, and the type of gear that may be used.

Fishing licences, their attached conditions and the requirement to comply with them, are fundamental to the proper management and control of the fishery. They are crucial to protecting and conserving our fishery resources.

In fact, in a fairly recent development, one of which the committee may not have been aware, Ontario is using licence conditions to address a significant threat to its $2.3 billion recreational fishery. The province has placed certain restrictions on the movement of bait fish to control the spread of viral hemorrhagic septicemia. VHS has been implicated in killing a large number of sport fish in the province.

Clearly, compliance with these conditions as required by subsection 36(2) is critical for the sake of Ontario's sport fishing industry.

Let me add that individuals who participate in the commercial fishery know they must comply with licence conditions or face consequences. The government has always argued that in addition to the authority to suspend or cancel licences, Parliament did make it an offence to contravene the Fisheries Act or regulations under it in section 78 of the act.

The courts have agreed with the government's position. They have ruled that regulations made under the Fisheries Act that require compliance with licence conditions fall within the scope of the act's regulation-making authority, and they found that contravening this requirement is an offence under section 78 of the act.

So, from a legal perspective, in my opinion, subsection 36(2) of the Ontario fishery regulations is on firm footing.

However, I would be the first to say that we are not asking for the status quo. We believe that in most cases the potential for jail time is not an appropriate penalty for such contraventions. Fortunately, the courts have imposed fines in cases involving contravention of subsection 36(2) rather than imprisonment, but I do agree that greater clarity could be provided for the requirement to comply with licence conditions.

We are doing something about that. It comes to us in Bill C-45, which the minister tabled in December. The bill resolves the standing joint committee's regulatory concern with subsection 36(2) and does much more.

Revoking subsection 36(2) is not the right course of action, given that a bill has been tabled that addresses the committee's concern. That is why the minister filed the motion before us today to oppose the committee's resolution for disallowance.

Disallowing subsection 36(2) would create a serious legal gap in Ontario's ability to enforce licence conditions on some 500 commercial fishing licences and about 1,400 commercial bait fish licences.

Furthermore, the standing joint committee has indicated that if its resolution to disallow is supported, the committee would expect similar provisions in other fisheries regulations to be revoked. This would create an enforcement vacuum that would threaten these natural resources in virtually all of Canada's fisheries. During this vacuum, all that would be left to punish lack of compliance with license conditions would be suspension or cancellation of licenses, and the courts have made that process very difficult indeed.

Disallowing this regulation would then compel our government to draw up a quick fix bill to plug this regulatory gap and then get it passed through both Houses. This is something that has not worked on no less than three occasions in the past, Bill C-33 in 2003; Bill C-43 in 2004, which died on the order paper; as did Bill C-52 in 2005.

In fact, I did not support Bill C-52 as a solution when I sat on the other side of the House because I believed then, as I do now, that we have much more to offer Canada's fishers.

As tempting as it may be to try to pass a simpler minor amendment to deal with the committee's issue, we owe Canadians that and much more. We owe them a renewed Fisheries Act, one that would resolve this regulatory issue and provide for more collaborative, accountable and transparent fisheries management, which is exactly what Bill C-45 does. It resolves the standing joint committee's concern with subsection 36(2) of the Ontario fishery regulations by clarifying that compliance with fishing license conditions is a requirement of the act.

As I mentioned, the new Fisheries Act does much more. It puts forth a new licensing framework and an administrative sanctioning regime for most breaches of license conditions instead of relying on the courts. It introduces an arm's-length fisheries tribunal to handle violations of the act or its regulations.

The standing joint committee has also expressed concern that because license conditions are administrative decisions, non-compliance with them should not carry potential jail time for violators. Bill C-45 address this concern.

In the sanctions regime, as mandated in the new act, penalties for contravening the requirement to comply with license conditions would no longer include the possibility of jail time. The bill also responds to issues the committee has raised in the past with variation orders, and I will not get into that at this time.

The new Fisheries Act also includes measures for shared stewardship of our fisheries. It allows those with a stake in the fishery to have a say and take a hand in how the resource is managed.

Bill C-45 would also put in place a clearer and more accountable framework for stable access to the fishery and allocation of fish shares.

The new act also clearly spells out the considerations that the minister must take into account when making licensing and allocation decisions, and those which he or she may choose to consider. In other words, all the cards are now on the table.

Protecting fish habitat and preventing pollution are inextricably linked to sound stewardship of our fishery resources. Bill C-45 would compel everyone who administers the act to consider principles of sustainable development, and take an ecosystems-based and precautionary approach to conserving and protecting fish and habitat.

Speaking of principles, passage of Bill C-45 would, for the first time, set out management principles for fisheries and fish habitat right in the act.

In short, Bill C-45 would remedy the standing joint committee's immediate concern with subsection 36(2) of the Ontario fishery regulations and it does so much more on behalf of Canadians who depend on the fishery.

We have an opportunity here to make a lasting difference in better managing our fisheries and oceans by providing Canadians with a modern and more effective Fisheries Act, an act that would help deliver the ultimate sustainable value to the public from Canada's fish and ocean resources for generations to come.

I believe that concentrating the House's efforts on passing Bill C-45 is the right approach. I oppose disallowance of subsection 36(2) of the Ontario fishery regulations and will be voting to return the report to the committee so it can ensure that its concerns are addressed in Bill C-45. I encourage all members to do likewise.

I again thank the committee for its thorough scrutiny of this country's regulations. I think its work in respect to subsection 36(2) of the Ontario fishery regulations highlights the importance of passing Bill C-45 through Parliament as quickly as possible. I hope members of the House will agree that the time for change in the fishery has come.

[The Speaker, Liberal, Peter Milliken]

I do not think it is a matter for the Chair to decide whether Bill C-45 addresses the concerns of the standing joint committee. That is a matter for the House to decide. The minister has moved a motion saying so. The Chair does not decide on the truth or otherwise of motions, and I do not think I am going to get into that, despite the argument presented by the hon. member for Mississauga South.

I do think it is a matter for debate, and as he knows, this debate is a special one held under specific provisions with respect to the report from the committee. The committee is always free to submit another report if the hon. member does not like the result that is obtained in the House as a result of the decision on the motion, and of course the motion can be accepted or rejected. It is a matter for the House to decide and I will leave it to the House to do so after a debate on the matter, which we will proceed with now.

Debate on the motion, the hon. member for Pitt Meadows—Maple Ridge—Mission.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, I rise on a point of order. The motion reads that Bill C-45 in fact addresses the concerns of the standing joint committee.

I would like to advise the House that today the Fisheries and Oceans department officials have confirmed that in fact Bill C-45 does not satisfy the concerns of the Standing Joint Committee on Scrutiny of Regulations, and accordingly, if the motion is not factually correct, the motion should be ruled out of order.

Mr. Speaker, should you rule that this is simply a matter of debate, I would then ask the government to immediately contact and confirm with Fisheries and Oceans officials that in fact Bill C-45 does not address the concerns raised by the scrutiny and regulations committee, that the motion be withdrawn, and that the government undertake to come forward with an appropriate bill to deal with this matter with the existing Fisheries Act.

[Randy Kamp, Conservative, Pitt Meadows—Maple Ridge—Mission, BC]

Mr. Speaker, despite allegations to the contrary, Bill C-45 does not privatize or corporatize the fishery or destroy fish and fish habitat. The member keeps talking about that. He has not pointed us to a single section that actually demonstrates this. Rather, this bill means predictable access and allocation, greater transparency and stability, and more direct participation of Canadians in the management of Canada's fisheries.

The new habitat section strikes a careful balance between allowing opportunities for economic development and protecting fish and fish habitat for future generations.

Bill C-45 is all about the sustainable development of Canada's coastal and inland fisheries. Conservation and protection of fish and fish habitat is its cornerstone. A modernized Fisheries Act does indeed reflect the wishes of fishers in this country. I encourage my hon. colleagues to support this act.