Fisheries Act, 2007

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

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

Loyola Hearn  Conservative

Status

Second reading (House), as of June 5, 2007
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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 ofread more

Similar bills

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-45s:

C-45 (2023) Law An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act
C-45 (2017) Law Cannabis Act
C-45 (2014) Law Appropriation Act No. 4, 2014-15
C-45 (2012) Law Jobs and Growth Act, 2012
C-45 (2010) Law Appropriation Act No. 3, 2010-2011
C-45 (2009) An Act to amend the Immigration and Refugee Protection Act

Votes

May 30, 2007 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “Bill C-45, An Act respecting the sustainable development of Canada's seacoast and inland fisheries, be not now read a second time but that it be read a second time this day six months hence.”.

EnvironmentAdjournment Proceedings

November 6th, 2017 / 7:05 p.m.


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NDP

Brigitte Sansoucy NDP Saint-Hyacinthe—Bagot, QC

Mr. Speaker, the answers are always the same. It is not enough to just listen. Nothing has changed in months. This government needs to change its tune and make a decision to act now. It is time for the government to uphold its commitments and reinstate the necessary measures to protect all our lakes and rivers. The situation is becoming increasingly critical for our waterways and the ecosystems they support. We need to act and fix the problem caused by the previous Conservative government's Bill C-45. Despite their election promise to reinstate the protections that had been taken away, the Liberals are showing yet again that, sadly, their word cannot be trusted.

It is disappointing that the government is ignoring the advice of the environmental assessment expert panel. There is a fundamental and urgent need to protect our waterways. These lakes and rivers are valuable, and water is a precious resource.

I will ask the same question one last time: when will the government finally reinstate the necessary measures to protect all our lakes and rivers?

Translated

Fisheries and OceansCommittees of the HouseRoutine Proceedings

December 12th, 2007 / 4:15 p.m.


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Bloc

Gérard Asselin Bloc Manicouagan, QC

Mr. Speaker, the current Fisheries Act is a century old. Hon. members will recall that the Minister of Fisheries and Oceans introduced Bill C-45, which died on the order paper when the House prorogued.

Now he is introducing a new bill, Bill C-32. In my opinion, it does not make any sense for the government to draft a bill without consulting the fishers, the associations and those who process the fish.

What should happen before the bill reaches third reading, either after first or second reading? There needs to be extensive consultation to ensure that Bill C-32, An Act respecting the sustainable development of Canada's seacoast and inland fisheries, is effective. The current Fisheries Act, which is 100 years old, is open to too much interpretation.

I want to know whether the hon. member would agree, after first or second reading, to having the Standing Committee on Fisheries and Oceans travel across Canada in order to meet with all the associations, fishers, processing plant representatives, all those concerned in the fishing industry, in order to have a bill that is functional and operational.

Translated

Fisheries and OceansCommittees of the HouseRoutine Proceedings

December 12th, 2007 / 4:05 p.m.


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Liberal

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

Mr. Speaker, this is about the fisheries bill. This is about a bill that we truly believe is long overdue. The problem is we have to do it responsibly. We have just heard the first version which is kill bill volume one, and I represent kill bill volume two in this particular case. If my hon. colleague from Nova Scotia took exception to that, I meant no disrespect to him.

I wholeheartedly agree in that this is about doing what is right. This is about doing what is responsible. This is a new bill that replaces a 140-year-old act that needs to be addressed for the stakeholders, which include the harvesters, the plant workers, first nations, the environmental groups and the list goes on.

The government brought the legislation to the House first in the form of Bill C-45 and tried to ram it through second reading without any due care. It has tried to introduce a new bill with reckless abandon. Now the government is doing it again, as my colleague pointed out, with Bill C-32.

The government had a full year to engage stakeholders on one issue which is to bring in a new Fisheries Act. There was not one meeting about that particular Fisheries Act. As a matter of fact when we were in power, we made suggestions in four topic areas. The former minister of fisheries suggested four areas and it was turned down by one member of the standing committee because that member did not want to look at a new Fisheries Act. Guess who that member was. The current Minister of Fisheries and Oceans.

Why all of a sudden is it so important that the government has to bring in this new bill for second reading? Recently the Nova Scotia fisheries minister claimed that he liked the idea of a new Fisheries Act but I believe he got a letter from that minister which backs up our argument to send it to committee before second reading as opposed to after. Perhaps my hon. colleague can address that particular situation.

As spoken

Fisheries and OceansCommittees of the HouseRoutine Proceedings

December 12th, 2007 / 3:45 p.m.


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NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

Mr. Speaker, I move that the first report of the Standing Committee on Fisheries and Oceans, presented on Thursday, December 6, be concurred in.

First, I want to thank my hon. colleague from the Liberal Party from Newfoundland and Labrador for bringing this motion forward through the Standing Committee of Fisheries and Oceans to the House so we can have a proper analysis and a debate in the initial stages of what is called Bill C-32.

First I will give a little history. Bill C-32 is former Bill C-45 from the last session. Bill C-45 was an attempt by the Conservative government to bring forward massive changes to the Fisheries Act of Canada. The Fisheries Act of Canada is the oldest legislation in the country. It has been around since Confederation, in British Columbia time, since 1871, and in Newfoundland and Labrador time, since 1949. We and many people within the industry from coast to coast to coast and within our inland waters had many objections and concerns to BillC-45.

Through the delays and everything else, the House was prorogued and it came back as Bill C-32.

We said to the government then, and we are saying to it again, that we were willing to work with it. We are offering an olive branch, an open hand, to get the bill to the committee prior to second reading so we then can have the consultations from coast to coast to coast, to ensure that the people whose lives are at stake, environmental groups, first nations, fishing communities large and small, the industry, the provinces, the territories and the federal government, can get together and come up with the proper recommendations, changes and amendments to the bill.

Long after we are gone, this act, or whatever derivative comes out of it, will be left behind. We have to ensure we get it right. There is no sense in rushing this. We will assist the government in getting it to our committee before second reading so we can make the changes, the exact same principle and policy that my colleague from Skeena—Bulkley Valley had asked for with the environment act, Bill C-2, which was fine legislation. This is what we aim to do with the fisheries act.

Recently in a press release, the Minister of Fisheries and Oceans said that all we wanted were NDP amendments. That is not true. We said very clearly that we wanted fishermen to write the bill, not bureaucrats. In 1992-93 one of the world's greatest collapses of a natural resource happened off the coast of Canada and, more specific, off the coast of Newfoundland and Labrador. It cost the Canadian taxpayer over $4 billion to readjust the industry for the east coast, and we have not finished counting yet.

Not one person at DFO was ever held responsible, even though we now know the scientific information from DFO science was manipulated at the highest level and changed. Those are the facts, yet there was not one inquiry, not a public inquiry, not a judicial inquiry, nothing. Now we will trust the same department in one of the most vital areas of our industries in Canada, the fishery?

I remind members that sport fishing alone in our country is over $7.5 billion to our industries. Commercial fishing is between $3 billion to $4 billion. It has sustained first nations people since their entry into the North American continent and ever since European contact as well. Many communities along coastal areas, including the north and our inland waters, were sustained by the fishery.

It is our job to ensure that the number one goal of the Minister of Fisheries and Oceans is the protection of fish and fish habitat. What do we get from the government? Earlier this year, in the minister's province, two vibrant, healthy, fish-bearing lakes, two healthy aquatic lake systems, were being destroyed, to be used as tailing ponds for mining companies. In fact they are becoming cheap waste disposal solutions for the mining companies.

The NDP has nothing against mining. We only want to ensure that it is done to the highest environmental standards. We want to ensure, as other mining companies have, that it has independent, aligned tailing systems so it cannot leach out into water systems. The fisheries department has the authority to protect fish and fish habitat, but it simply has not done it.

After we raised this issue, the department did it again in Nunavut. We found out that two more lakes in Nunavut, which carry various species of fish, were slated for the disposal section of the mining act. The fisheries department allows these mining companies to dump their waste into healthy aquatic systems. Why would the government allow that? Maybe it wants to make it cheaper for the mining companies.

Once the ore is gone, then the fish are gone. If we do it right, the fisheries can be here for our great grandchildren. If we keep destroying the fish habitat, we are not only destroying it for our grandchildren, but we are destroying it for ourselves. That is the long reach we are looking for in this bill.

We also want economic opportunities for fishermen and their families from coast to coast to coast. We want members of Parliament to be able to grab a hook and line and take their children fishing, but in a healthy environment. We want them to have the opportunity to fish. However, a lot of our fish species on the east and west coasts and in the north are being reduced in numbers. In fact, many scientists are saying that the large pelagics on the east coast are down to 90% from what they used to be.

This is all under the watch of the Minister of Fisheries and Oceans and his department. I am not putting the total blame for all the destruction on the current government. For 13 years the Liberals had the watch and before that the Conservatives and back and forth.

We anticipate that in 2008 the runs up the Fraser may be very low. We know what happened in 2004. We are very concerned about the early Stuart run in the parliamentary secretary's area. He knows very well what I am talking about. There are great concerns about the future of salmon stocks on the west coast.

If we have proper and true consultations with fishermen, their families and their communities, including first nations, we could have an act that would be proactive and desired by everybody. We could move it forward. If the government had listened to us in December of last year, we may have had a new act by now. The government insisted that the bill go to committee after second reading. There was only one reason for that. The government knows very well that we cannot make substantive changes to a bill after second reading. Many of the changes that fishermen would have liked to have seen would be ruled out of order in the amendment process. The government knows that.

I remember very clearly when the current Minister of Fisheries and Oceans was in opposition. In February 2002 he said that the problem with DFO bureaucrats was that they sat around with their corporate fish buddies drinking cognac and ignoring the needs of small fishermen. When he became minister, I asked him about that statement. He jokingly said that he did not drink alcohol so he did not have time for cognac, but his people did great work.

A lot of people in the Department of Fisheries and Oceans mean well and do their best under the circumstances. If Canada is to have a brand new Fisheries Act, it should be written by the people who are most affected by fisheries, and that is the fishermen and their families from coast to coast to coast and those in our inland waters, not by politicians or bureaucrats.

One of the problems, besides the environmental concerns that we have expressed, is there will be a lot of downloading to the provinces. I remind the government that the terms of union in British Columbia for 1871 was the federal government had the financial fiduciary responsibility and management of all fisheries in tidal waters.

We see the government slowly but surely downloading the responsibility for our fisheries to the provinces. What happened a few years ago in the great province of Newfoundland and Labrador, the minister's own province? The government of the day cut the rivers keeper program. It was up to the province to hire 20 more people to keep an eye on the rivers for the protection of the wild Atlantic salmon.

In Prince Edward Island, every year around late spring we hear of another massive fish kill on the Tyne River. It is directly related to pesticide runoffs from the farms. The federal government should work with the provinces to have buffer zones near fish bearing lakes and rivers to ensure pesticides do not flow into the water system.

We cannot keep going and killing off massive amounts of fish for other industries. They can cohabit and they could work together, but we need a comprehensive plan that protects fish and fish habitat and not use it as an afterthought.

One DFO official asked me how far I wanted to go to protect fish. I told him his department received $1.6 billion of Canadian tax dollars to do one thing and one thing only, and that was the protection of fish and fish habitat. It should not be an afterthought.

As I tell DFO officials, fishermen are not a nuisance, they are their job and so are fish. That is what we are asking the Government of Canada, through its Department of Fisheries and Oceans, to do.

When the Minister of Natural Resources was in opposition, I remember he questioned, on many times occasions, what the people in the ivory tower at 200 Kent Street were doing for a living. Anywhere between 1,300 to 1,600 work at 200 Kent Street for the Department of Fisheries and Oceans.

Every morning when I come to work, I walk along the Rideau Canal. I have yet to see a trawler, a seiner, a gill-netter, a lobster pot, a crab pot or recreational fishermen. I never see anybody fishing in the Rideau Canal, yet we have 1,300 to 1,600 people working for the fisheries department in Ottawa. When the Minister of Natural Resources was in opposition, I remember him asking what those people did. I wonder if he ever received an answer on that.

The country requires more habitat officers, more money to science and enforcement and more cooperation between everybody to ensure that fisheries are protected now and in the future. That does not mean downloading federal responsibility to the provinces. We are very concerned about this.

The other issue we are very concerned about is the corporatization of a public resource. We are pleased to see that the government, after saying absolutely the reverse, has inserted the words “common property resource” in Bill C-32. They were not in Bill C-45. We had to push and push to get it in there. However, it is only in the preamble. We would like to see it in the main body of the text to ensure that the fisheries is a common property resource owned by the people of Canada and not the Government of Canada.

It is ironic that today's National Post talks about the Magna Carta. That right was given to us by the Magna Carta. It is the public right to fish and the government must manage the fishery in the public manner to which we should be accustomed, not what happens now.

A public resource being slowly, or whatever way we look at it, privatized makes us ask this. Why does the Jimmy Pattison Group controls most of the salmon and herring stocks on the west coast. How is it that Clearwater control most of the scallop stocks on the east coast? If it is a public resource, how does one entity manage to have control of the vast majority of that public resource?

On trust agreements, again the government is very vague about this in the bill. This is when companies buy up licences and put them in other fishermen's names. Instead of the fishermen becoming independent, they end up working for the company store.

We want to ensure that the owner-operator and fleet separation clauses are intact in the legislation where they cannot have any wiggle room to get around them. If we have that, it would go a long way in protecting the interests of fishermen in the country.

Many times we stand in the House and we thank the fishermen very much. Every morning when I have breakfast I thank the farmers who give us our nutritious food. At the same time we must thank the fishermen. Fishermen risk their lives to give us the opportunity to have nutritious and good, wholesome food. We thank the fishermen for what they do.

It is our parliamentary obligation to ensure that fishermen can maintain their livelihood. Anyone who has been out on a gill netter off Texada Island off the coast of Vancouver Island at 4:30 in the morning and watched the sun come up slowly over the horizon as the fisherman had his second cup of tea while he put his line out has watched God's work at hand.

There is nothing better than to go out at about 3:30 or four o'clock in the morning off the coast of Canso, Nova Scotia with a fisherman to lay his 200 lobster traps in the water. When the job is done at six in the morning and the fisherman comes back, that is a wonderful day.

There are fishermen out there who love to do that work. They love living in their coastal communities. They love being able to earn a living with their own two hands, but consistently, year in and year out, we make it more and more difficult for them to ply their trade. It is simply unacceptable.

What happened in Newfoundland and Labrador after 1992-93 was that over 50,000 people left that province to seek an economic livelihood elsewhere because of the collapse of the fishery. Have we learned anything from that? Absolutely not. Does this act reverse that and ensure that it never happens again? No, it does not.

If the government is so confident that this bill is the way to go, then it should send the bill to committee before second reading. If the government does that, it already has our pledge, and I am sure the government has the pledge of my hon. colleague from Bonavista—Gander—Grand Falls—Windsor, that we will constructively work with the government to bring a new modern act to this country. We can do it fairly quickly. In fact, that is what we said almost a year ago. If the Conservatives had listened to us then, we would probably have a new act now.

We are asking the government to work in cooperation with the opposition parties. We do not want to kill this bill, but if forced to, we will. If the government brings it to us after second reading knowing full well that fishermen in their communities cannot make major amendments to it, then we will have no choice but to delay and destroy Bill C-32. That is something we do not want to do.

We want to be proactive. We want to be constructive. We want fishermen and their families to have real input into what will affect their lives for many generations to come.

This is the minimum Parliament should be able to give to fishermen. We are not the fishermen. In fact, at the last count I believe there were only two members of Parliament who were commercial fishermen. One is from the Delta area, and I cannot mention his name of course, and the other is from the Kenora area. They are the only two commercial fishermen in this place.

Guess what happened to the Conservative member from the Delta area when he opposed Bill C-45. The government kicked him off the committee. He was the only commercial fisherman that we had and the longest serving member since 1993. He objected to the bill. He was standing up for his constituents. What did the government do? The government removed him from the committee so his concerns would be silenced, but he is not going to be very silent. The reality is we do not want that to happen to anyone else. We want to make sure that fishermen and their families have an opportunity down the road.

As a first nations friend of mine once said to me, we need to think in the seventh generation principle. We need to understand that what we do today will affect seven generations from now. If we do it right and if we protect the fish and the fish habitat, if we ensure an economic livelihood for fishermen and their families from coast to coast to coast and on our inland waters, then that would be a bill we could all be proud of.

I look forward to further debate on this particular issue and any questions or comments that anyone may have.

As spoken

Resumption of Debate on Address in ReplySpeech from the Throne

October 23rd, 2007 / 12:20 p.m.


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NDP

Catherine Bell NDP Vancouver Island North, BC

Mr. Speaker, I will be sharing my time with the member for Hamilton East—Stoney Creek.

I really was looking forward to the government's throne speech. The government said when it prorogued the House that it would chart a new course for this country. I expected it to live up to those words. The government prorogued this House. That is a very serious act. That turned back the clock on many bills and motions that had been worked on for months by the members of this House.

I thought that since the government took this step, it would truly have a new direction, a new course, but I was disappointed. Once again the Conservative government looked in the rear-view mirror. It missed an opportunity. It is taking Canada in the wrong direction, the wrong direction on climate change and the wrong direction for seniors, for children, for first nations and for ordinary Canadian families.

The biggest disappointment was the government's complete and utter failure to address climate change. Last spring, my colleague, the member for Skeena—Bulkley Valley, worked hard in an all party committee to improve Bill C-30, the clean air and climate change act, so that Canada could begin to move in the right direction.

All parties agreed that Bill C-30 was going to be a good start, but the government is not even bringing it back. In fact, it is bringing back only a small portion of it even though the majority of the House agreed on the changes to Bill C-30. What arrogance. What contempt for this House the government has. Once again it has broken the trust of ordinary Canadians.

I and many others from my riding and across the country are disappointed in the government's stance on the environment because we are running out of time. Ordinary Canadians are doing their part. They are changing their light bulbs. They are conserving water. They are converting to hybrid cars. However, no matter how many of us change our light bulbs, if the government does not change course all our efforts will be futile.

The government could have made a big difference if it had implemented hard caps on large carbon emitters. That would go a long way to meeting our emission targets. It decided to go with intensity based measures instead. With the expansion of the oil sands looming on the horizon, intensity targets will do nothing to reduce Canada's emissions. When we produce more oil from the oil sands, we also will be producing more greenhouse gases.

Another opportunity was missed by the government when it came to addressing the needs of seniors. My colleague, the member for Hamilton Mountain, introduced the seniors charter last year. It was debated and passed by the House, but the government has never enacted it. The government had an opportunity in this throne speech to implement the priorities of the charter, including primary care, long term care, home care and free pharmacare and dental care. These things would all enhance the quality of life for seniors.

However, once again the government has let seniors and all Canadians down. It is another broken promise. The governmentt said it would act on what was passed by the majority of this House.

When it comes to hope and fairness for ordinary Canadians, the government has done nothing on the issue of affordable housing and homelessness. We have just seen $14 billion in federal surplus. The government has announced that this year's surplus will be twice what it had anticipated. Quelle surprise.

With all that extra money in the coffers and with all the need for housing in my communities, and in fact with nearly two million Canadians across this country who do not have what is deemed to be acceptable housing, why did the government not make it a priority to invest in a national housing strategy?

I have been to many first nations communities in my riding. The housing situation there is even worse. For example, in Port Hardy, the Gwa'Sala-Nakwaxda'xw are in dire need of acceptable shelter. They live in mouldy homes. Sometimes as many as 25 people are living in one house and three families live together in a home built for single family occupation. These are deplorable conditions and they need to be addressed immediately.

The same goes for child care. I have been talking with parents and child care workers in my riding from Port McNeill to Courtenay, and they are telling me that there is a crisis. Failure on the part of the government to address the crisis has resulted in longer wait times for child care space and increasing costs. There is up to a two years wait for a space. That means we have to register our child before it is even born.

Child care centres need reliable, long term funding to provide the kind of access that parents and their children are looking for. That is why the NDP proposed the child care act that will soon be voted on at third reading. That is the kind of solution today's families are looking for, real commitments to child care in this country.

I would like to address two things that are crucial to Vancouver Island North, two things the government mentioned in its throne speech that it would protect. It said it would stand up for forestry and fishing, but on these two files, the government has a very bad track record.

The Conservatives sold out forestry communities and forestry workers in my riding and across this country when they signed the sellout softwood agreement. Because of that agreement, it is not profitable for companies to mill logs in Canada, so they ship raw logs to the U.S. or abroad and we get to buy them back as finished lumber.

The irony is not lost on the constituents of Vancouver Island North. Our communities are surrounded by forests, yet lumber mills are closing from B.C. to Atlantic Canada as more and more raw logs and jobs leave this country. Pulp and paper mills and fibre mills are having a hard time getting fibre because there are very few sawmills left to provide it.

I introduced Motion No. 301 to curtail raw log exports and to encourage value added and manufacturing right here in Canada. The natural resources minister said he recognized that something needed to be done about the situation that is killing our resource based communities, but again, the government has failed to act. I do not call that standing up for an industry, for workers or for our communities.

The other issue that I would like to mention is that the Conservatives said they would stand up for the fishing industry, but again, they are going in the wrong direction. Last spring, they introduced Bill C-45, a new fisheries act, without consultation with fishermen, first nations or anyone from our communities. That bill has gone now because of prorogation, but why did they bring it forward in the first place? No one wanted it.

They also said that they would decentralize the DFO and have more decision making on the coasts of this country. After almost two years there has been no movement on this promise. Instead, I have to ask the government if they are trying to kill our west coast fisheries.

Just a few weeks ago an order came down from on high to cut the Chinook egg take for the entire west coast. When asked why, the Conservatives said it was due to a lack of funds, but I remember last year when I asked the Minister of Fisheries and Oceans about a budget cut, I was told that it had not been cut, so there should have been lots of money there.

Thankfully, the decision to cut this egg take and to kill the Chinook fishery was turned around, but a decision like that should never have been made in the first place.

Also, a recent barge spill in my riding in Robson Bight is causing grave concerns because the fuel tank and vehicles are on the bottom of the ocean continuing to leak oil and diesel to the surface. Environmental groups, local businesses, students and concerned people from around the world donated money to carry out an investigation. We called on the Minister of Fisheries and Oceans to also carry out an investigation, but the ministry waited a full two months and finally, after the environmental organizations announced that they would do carry out an investigation, the government was embarrassed and had to come forward and say it would do one too. It finally did the right thing.

These oil spills are having a devastating effect on the waters and on the salmon in the Strait of Georgia. Salmon are the canary in the coal mines of our oceans. They feed whales and people, and are a source of cultural and ceremonial significance to first nations of B.C. The health of salmon is important to the west coast and we are in danger of losing them.

Enhancement must be increased. Monitoring of sport and commercial fishing must be increased if we are to have a clear picture of what is going on off our coast.

There are many reasons not to support the direction in which the government is going. I am speaking for the thousands of Canadians in my riding who oppose this direction. I and they have little confidence--

As spoken

Motions in AmendmentAeronautics ActGovernment Orders

June 19th, 2007 / 12:35 p.m.


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NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, we have found out that 80,000 passengers have been put at risk over the past five years when planes have come dangerously close to each other in Canadian skies. These findings are based on Transport Canada data. That includes more than 800 incidents between 2001 and mid-2005 in which planes were getting too close to each other. In some cases, they were seconds away from colliding.

What should happen? We are saying that the Transport Canada guidelines will need to make sure devices are put into the planes to ensure there is a system to make sure the planes do not come close to one another.

Why do I raise this? It is because through access to information my office was able to find out that recently in downtown Toronto at the island airport we had an incident on March 13, 2007, I believe, when a Cessna 150, a training school type of plane, was doing circuits around runway 26. There was a Porter Airlines flight, a Dash 8 400, approaching the runway. The plane doing circuits on runway 26 cut off the Dash 8, overshooting, and the two aircraft came within 400 feet vertically or a half a mile horizontally of each other. That is very close. How did I get that information? I obtained it from access to information.

Under clause 7 of this bill, no one, no member of the public, whether it is a member of Parliament, a journalist or a person concerned about airline safety, would be able to get this kind of information. The Toronto Star did a series not long ago, in September 2006, recording all of the problems that various airlines, the industry and the passengers had. What will happen after Bill C-6 passes is that all of this information will not be allowed to become public.

Where is the accountability when there is no transparency and no openness? What is the government afraid of? Why is the government shutting down the public's right to know about airline safety? If the government is not doing that, then we should cancel clause 7 and get rid of it. The bill is very clear. Clause 7 says that we cannot continue to have this information.

Earlier there was a question about Toronto's downtown airport and Porter Airlines. Parts of Bill C-6 say that it is now going to be up to the industry to decide the level of risk that the industry is willing to accept in its operations, rather than it being done through the level of safety established by a minister acting in the public interest. It allows the government to transfer the responsibility from the minister and from government so that the industry itself would set and enforce its own safety standards.

That is not the way to go. Why?

Let me describe Toronto's island airport for members. The island airport is in downtown Toronto. It has a large number of pilot cautions. I will tell members what they are. It is stated that all arriving and departing aircraft are instructed to avoid flights over the CNE and Ontario Place. The wind turbine at the CNE grounds is listed as a hazard. There are two large chimney stacks that are noted as hazards, the Hearn power generating plant and the incinerator on Leslie Street.

Pilots also are instructed not to fly over surrounding neighbourhoods, including the entire Bathurst Quay, the residential condominiums along Queen's Quay, and the island community. There are close to 20,000 residents in that downtown area. There are high-rises, some of which are 40 to 50 storeys high. Some of them are within a few seconds to a few minutes of the airport.

Pilots are also warned about vessels with 120 foot masts in the vicinity of the final approach to all the runways. There is frequent banner-towing activity over the CNE, which is a hazard. The flagpole in Confederation Park is listed as a hazard. As well, pilots are cautioned that a number of new high-rise buildings have been approved around Fort York. Also, a building on Fleet Street is 44 storeys high, so just along Fleet Street there are at least five to eight new high-rise condominiums that have been approved and are going in.

That area is surrounded by large buildings. Also, because it is right by the lake, people have observed that lake fog in the spring and fall sometimes causes poor visibility at the airport. There is severe weather, such as crosswinds, wind sheer and air turbulence, creating difficult landing conditions. In fact, in just the short while that Porter Airlines has been flying into the island airport, there already has been one incident in which the aircraft could not land at the island airport and was told to go to Pearson International Airport.

The aircraft flying into the island airport, the Q400, is certified to operate in crosswinds of up to 60 kilometres per hour. During February 2006, wind gusts of over 60 kilometres per hour were recorded on 11 different days, so in one month alone there were 11 days when the crosswinds were too strong.

There is also another problem at this airport. The runway is incredibly short. The Q400, when fully loaded, requires 1,402 metres for takeoff and landing, which is almost 200 metres more than the longest runway at the island airport. That is how short the runway is. These are the safety requirements at the downtown Toronto Island Airport. Even Bombardier, which manufactures the Q400, has said that 1,400 metres of runway is required only if one of the two engines fails on takeoff.

There are a lot of problems at the downtown island airport. There is also a problem with the large number of birds in that area. There is a bird sanctuary nearby. Occasionally people have to shoot off some guns in order to scare away the birds. Transport Canada statistics show that the shore birds, and gulls in particular, account for the greatest number of bird strikes and that 80% of bird strikes occur during takeoff and landing. There are all sorts of problems.

Also, the island airport is run by a port authority that this year at the annual general meeting declared a loss of $6 million in a $10 million business. It is quite incredible that our government is continuing to subsidize a money-losing business and that this rogue agency continues to run an airport that is not welcomed by the citizens of Toronto and definitely has a lot of safety problems.

We are seeing a pattern in Bill C-6, which deals with airline safety. We have other bills like this before us, such as Bill C-45, the proposed fisheries act, which basically allows corporate polluters to dump toxic substances without fines. The new act allows the minister discretion to give alternate measures to big polluters instead of criminal records as mandated in the old fisheries act. Environmentalists and people who are concerned about the Great Lakes, for example, are appalled. There is a big campaign against the bill because it is seriously flawed. That is one of the patterns.

Other things are happening. Last week we discovered that at least 90,000 toys in Canada have dangerous levels of lead and again the government is asking the industry to determine what the safety level is, just like it is doing for the airline industry. We are asking companies to detect toxins and lead in toys and asking them--

As spoken

Fisheries ActPetitionsRoutine Proceedings

June 15th, 2007 / 12:10 p.m.


See context

Conservative

John Cummins Conservative Delta—Richmond East, BC

Mr. Speaker, it is my pleasure to present a petition today on behalf of residents of various communities on Vancouver Island and in Kimberley and the surrounding area as well.

The petitioners are expressing their concern about the impact that Bill C-45, the proposed new fisheries act, will have on them. They decry the fact that they were denied input into the drafting of the bill. They are calling upon Parliament to withdraw it and to accept input from recreational and commercial fishermen and others.

As spoken

Fisheries ActPetitionsRoutine Proceedings

June 13th, 2007 / 3:20 p.m.


See context

Conservative

Lee Richardson Conservative Calgary Centre, AB

Mr. Speaker, I have the honour to rise today to present a petition on behalf of concerned fishermen who urge members of Parliament to act now to stop the passage of Bill C-45 and to allow further input from the fishing industry into the new Fisheries Act.

As spoken

Fisheries ActPetitionsRoutine Proceedings

June 13th, 2007 / 3:20 p.m.


See context

Conservative

John Cummins Conservative Delta—Richmond East, BC

Mr. Speaker, I have the pleasure to present a petition today from residents of mostly Cranbrook and the Creston area of British Columbia, sports fishermen who are opposed to the new Fisheries Act. In their view the act was written by bureaucrats for bureaucrats and effectively removes any legal rights that they feel they have as fishermen. They are calling upon the government to scrap Bill C-45.

As spoken

Opposition Motion--Equalization Program and Atlantic AccordsBusiness of SupplyGovernment Orders

June 7th, 2007 / 12:20 p.m.


See context

Liberal

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

Mr. Speaker, as my hon. colleague points out, he and I have both worked on the issue of Bill C-45. We have been inundated with questions from all interests, environmental groups, aboriginal groups, fishing groups far and wide. They are wondering what the government is talking about when it refers to broad consultations. There was absolutely no or very little consultation. That is why we have vehemently argued against the Conservatives ramming through Bill C-45. Why do they recklessly continue to do this?

I am glad my hon. colleague pointed this out. Just the other day during debate at second reading our hon. colleague from South Shore—St. Margaret's moved a motion in the House to make sure that no more amendments could be made to the bill. Shameless. Shameful.

As spoken

Opposition Motion--Equalization Program and Atlantic AccordsBusiness of SupplyGovernment Orders

June 7th, 2007 / 12:20 p.m.


See context

NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

Mr. Speaker, my hon. colleague knows the Minister of Fisheries and Oceans probably better than any of us, but the reality is the minister is the individual who represents in cabinet the good people of Newfoundland and Labrador.

We heard his speech in the House which was simply a litany of deception. The fact is he is the same Minister of Fisheries and Oceans who said to us that there was broad consultation with fishermen and their families across the country on the new Fisheries Act, Bill C-45.

I remind my hon. colleague that at the Maritime Fishermen's Union conference the minister stood there and said that exact same thing to all the fishermen in the room, that there was broad consultation. I stood up right after the minister and asked the MFU if any of them in the room had been consulted on the new Fisheries Act before it was tabled on December 13. I asked them to put up their hands. I asked the question twice and not one person put up their hand.

If the Minister of Fisheries and Oceans can mislead a whole group of fishermen at their convention, misleading an entire province is just one rung up the ladder of deception. Would the member not agree?

As spoken

Fisheries ActPetitionsRoutine Proceedings

June 6th, 2007 / 3:35 p.m.


See context

Conservative

John Cummins Conservative Delta—Richmond East, BC

Mr. Speaker, I have a petition to present to the House today signed by many people from the province of British Columbia.

The petitioners call on the government to withdraw the new Fisheries Act, Bill C-45. The petitioners are requesting this of the government because they feel that there has been insufficient input from both recreational and commercial fishermen. They want this bill withdrawn and rewritten.

As spoken

Business of the HouseOral Questions

May 31st, 2007 / 3:05 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, with regard to the last point, we have already addressed that.

However, with regard to the balance of Thursday's statement, I am pleased to respond that today and tomorrow we will continue with Bill C-55, the expanded voting opportunities bill; Bill C-14, the adoption bill; Bill C-57, An Act to amend the Immigration and Refugee Protection Act; and Bill C-45, the fisheries act.

In the last Thursday statement, we indicated that we were hoping to have this week as “enhancing the quality of the life of first nations people week” but this was cancelled by the opposition parties when they did not release Bill C-44 from committee, the bill that would give the first nations protection under the Canadian Human Rights Act. Not only is it being held up now but, as early as this morning in this House, the opposition obstructed our efforts to get the bill dealt with forthwith so that first nations people could have the human rights that every other Canadian enjoys. We know that if all parties would agree to proceed with that, as we saw when we sought unanimous consent, it could proceed, but some would prefer to obstruct it.

Next week will be welcome back from committee week, when we welcome business that has been at committee, including some that has been stalled there for some time. We will deal with Bill C-52, the budget implementation bill, which will begin report stage on Monday and, hopefully, we can get third reading wrapped up by Tuesday.

Following the budget bill, we will call for report stage and third reading of Bill C-35, bail reform. After that, we will call Bill C-23, the Criminal Code amendments. I hardly remember when Bill C-23 was sent to the committee by this House. That took place long before I was even House leader 228 days ago.

Thursday, June 7, shall be the last allotted day. There are a number of other bills that we would like to include in our welcome back from committee week. I still hope we can see Bill C-44, the amendments to the Canadian Human Rights Act, to which I just referred; Bill C-6, the amendments to the Aeronautics Act; Bill C-27 dealing with dangerous offenders; Bill C-32 dealing with impaired driving; and Bill C-33 dealing with foreign investment, if the opposition parties will release those from committee.

As spoken

International TradeCommittees of the HouseRoutine Proceedings

May 31st, 2007 / 10:30 a.m.


See context

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, the Bloc member said he is tremendously anxious about water quality and the sale of water. Why, then, is the Bloc prepared to support the Conservatives' new fisheries act given that Bill C-45 gives corporate polluters a free hand to dump toxic substances in many of our lakes, rivers and oceans?

The St. Lawrence River, for example, is intimately connected with the Great Lakes, which are under tremendous stress and pressure. This Parliament should strengthen our laws to protect our water, so why is the Bloc supporting any bill that weakens the protection of our water? How can we talk about exporting water when our water might be further polluted or contaminated?

As spoken

Document for Committee ChairsPrivilege

May 28th, 2007 / 11:15 a.m.


See context

Conservative

Jay Hill Conservative Prince George—Peace River, BC

Mr. Speaker, if the hon. member for Halton wants to continue to heckle, perhaps he can add to the debate after I am done instead of just shouting out his nonsense.

The reality is that this is a similar document that all parties produce to help train their individual members. I note that this internal document, as I say, is not a government document. It is something that was produced by the Conservative Party to assist our chairs.

Since the NDP members are so concerned about this, perhaps they could reveal to us their playbook or explain their tactics when they were delaying and continue to delay Bill C-45, the Fisheries Act; or Bill C-44, the amendments to the Human Rights Act; or their earlier extensive delay in filibustering Bill C-24, the softwood lumber act. In all of those things they employed tactics to delay passage of government legislation.

What about a chapter from their playbook dealing with moving concurrence motions to obstruct government legislation from following the due process and the procedure that we have become accustomed to in passing through the chamber? Instead, they resort, almost daily, to moving concurrence motions to delay that legislation.

I have remarked that the further training of our chairs, our committee members and, indeed, all of our caucus is to ensure that we are well aware of any procedural tools that we might have as a government, recognizing that we are a minority government and that we are outnumbered, not only in the chamber but at each and every standing committee. When we are confronted, as we have been by the opposition parties, which have become increasingly obstructionist, with a lot of legislation, we need to ensure we use every possible tool at our disposal to get our legislation passed through the committees, passed through the chamber and ultimately passed through a Liberal dominated Senate to become law in order that we can keep the promises that we made to the Canadian people in the last election campaign.

I have been noting that the people of Canada did not elect a coalition government of opposition parties. They elected a minority Conservative government and we have been trying to govern as such.

It is certainly my contention that this is an internal party document and that all parties have similar types of documents. It is beyond the pale that we would start out this final week with this bogus question of privilege.

As spoken

Fisheries ActPetitionsRoutine Proceedings

May 2nd, 2007 / 3:30 p.m.


See context

Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Mr. Speaker, I stand to present a petition today signed by well over 200 constituents from Glace Bay, Catalone, Main-à-Dieu and Louisbourg, who have voiced concerns about the forthcoming legislation, the changes in the Fisheries Act, Bill C-45. There is a great deal of concern about provisions in the owner-operator regulations and transfer of licence.

The petitioners call upon the House of Commons to not go forward with debate and call upon the government to go forward with honest and open dialogue with fishing communities and fishers, so that any change in legislation will have the best impacts on those affected.

As spoken

Fisheries ActPetitionsRoutine Proceedings

April 18th, 2007 / 3:10 p.m.


See context

Conservative

John Cummins Conservative Delta—Richmond East, BC

Mr. Speaker, the second petition calls on Parliament to withdraw from Parliament Bill C-45, the proposed new fisheries act, and calls on the minister to engage in open dialogue with fishermen before proceeding.

As spoken

Business of the HouseOral Questions

March 29th, 2007 / 3:05 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, on the question of Bill C-16, it is obvious that the Liberal House leader is very concerned about having an election and wants to do anything he can to stop it. Having watched the news last night and having seen some numbers, I can understand his sentiments. That is not surprising.

However, I am also not surprised that he could not remember what the bill was about. That is because it has been out of this House for half a year while the Liberal Senate was trying to deal with it. If those members wanted it passed quickly perhaps they could have avoided making amendments to it. However, there are amendments and we have to consult about them. As well, certainly, the information about everyone having consented is very different from the information that has been provided to me by the other parties to this point.

We will continue to pursue that and we hope to move forward on democratic reform. At the same time, as we said earlier, we will invite the other parties to move forward with Bill S-4 in the Senate. If they want to see things move quickly, that would represent good democratic reform. As well, we invite them to indicate their support for Bill C-43.

However, this afternoon we will continue with the list of bills on today's Projected Order of Business.

Tomorrow we will begin debate on the budget implementation bill. When the House returns from the Easter break, it will continue with the budget implementation bill if it is not already completed tomorrow.

Also on the list of bills for that week are: Bill C-33, on income tax; Bill C-40, on the Excise Tax Act; Bill C-10, on mandatory and minimum penalties; the Senate amendment to Bill C-16, fixed dates for elections, if we can get everyone's agreement on that to move quickly; Bill C-27, on dangerous offenders; and Bill C-45, the Fisheries Act, 2007.

Thursday, April 19 shall be the first allotted day in this supply period.

The Liberal House leader continues to make comments about moving quickly today. I wish he had been over there in the Senate talking to his Senate friends for the past six months while we were waiting. Perhaps while he is busying hurrying things up he can go and talk to the senators about Bill S-4.

I have a motion that I would like to make at this time.

There have been consultations, Mr. Speaker, and I believe that you would find unanimous consent for the following motion. I move:

That, notwithstanding any standing order or usual practices of the House, the remaining debate on the motion to concur in the second report of the Standing Committee on Health be deemed to have taken place and all questions necessary to dispose of the motion be deemed put and a recorded division deemed requested and deferred to Wednesday, April 18, at the end of government orders; and notwithstanding Standing Order 33(2), government orders shall conclude today at 5:30 p.m.

As spoken

Financial Statement of Minister of FinanceThe BudgetGovernment Orders

March 27th, 2007 / 12:05 p.m.


See context

Liberal

Robert Thibault Liberal West Nova, NS

Mr. Speaker, I will be sharing my time with the hon. member for Vancouver Centre.

It was interesting listening to the fisheries minister. It is amazing how people can change their views. He has said in the House and in the media that Premier Danny Williams is wrong, that he is not stating the facts. In a sense he is saying that he is lying, or that he does not understand, that he is not intelligent. I know him to be a very intelligent guy.

The Premier of Nova Scotia is saying exactly what that member said a couple of years ago; that the Atlantic accord has to be above and beyond any other change in programs, any new programs. He said that a decision did not have to be made. He said that premiers do not have to swallow a poisoned pill. The minister now has a different understanding. His mathematics are different.

A change happens in a member when he spends too much time in a Challenger jet. He sees numbers and the facts differently. As a minister, he now understands things in a completely different way than he did when he was a member. He somehow believes that he has a clear insight into the finances of Newfoundland and Labrador from his office in Ottawa, finances that are impossible to see from St. John's, that Premier Williams absolutely cannot understand. He cannot see that less is more.

I will speak about other matters also.

We cannot say that the budget is all bad. Not all the initiatives in the budget are bad. It is theoretically impossible to have the largest spending budget in the history of Canada to not have a few good initiatives in it. I welcome the capital tax exemption for Canadians. The Conservative government had a lot of money with which to work. It had large surpluses that were built up by the Liberal government. It had a lot of potential.

I cannot support the budget because it is a huge lost opportunity, and I regret that. The Prime Minister has not tried to hide the intent of the budget. It is intended to target a group of people in the most populace regions of the most populace provinces who are most likely to change their vote for the Conservatives and force a majority government. That is it. The budget is all about majority building, not nation building.

When we have the ability and the surpluses to build a nation, in my mind and in the minds of all Canadians, we should try to assist those who are most in need. We should try to develop potential when there are problems.

The government had an opportunity to assist Canadians in problem situations. With the proper investments, the government could have helped them out. It could have given them a hand up so they could have full participation in the economy. The government could have helped other regions. What do we see? We see targeted money going to the most populace areas, to the richest provinces. The government is ignoring single seniors and families and children in poverty who are in great need. The government needs to make real investment in innovation and post-secondary education. We do not see that. Money is not targeted for those who need it. It is very simple to send a lot of money to Quebec, Ontario, and Alberta in an attempt to influence those urbanites to vote for the Conservatives. That is all I see.

With respect to the Atlantic accord, Nova Scotia signed an agreement that its natural resources, such as offshore gas, would be used for its benefit and the money would be above and beyond any other funding program in equalization, health, education or infrastructure.

The Premier of Nova Scotia now has to swallow a poisoned pill. If he wants new money in equalization under the new formula, he has to forgo the potential benefits of the Atlantic accord, benefits that would have been there for the next 15 years. He has to sign away the future of Nova Scotia for much needed cash in the short term. This is unfair and it is certainly contrary to the intent of the accord and contrary to the stated intentions of the Prime Minister when he was in opposition. That is unacceptable.

There is no new money for ACOA. We see diminished funding. We see less spending and investments by ACOA. There is a huge opportunity to maintain the principle, but we know the Prime Minister does not like the agency and that it will suffer the death of a thousand cuts over time.

There were some good initiatives for our farmers a couple of weeks ago. There was an opportunity in the budget to assist the regions, to help farmers in Atlantic Canada, particularly in Nova Scotia where we produce less than we consume. We are not part of the problem in overproduction, but our farmers are being starved out of the industry. There is nothing in the budget to help them. The opportunity was there to work with the provincial government, but we do not see that potential.

When we see the attack on the Wheat Board, we know supply management is at risk. Some time ago he called it a glorified communist plot against the free market. I do not remember the exact terms he used, but it is the same type of thinking with which he has been attacking the Wheat Board. When the Prime Minister applies that to supply management, rest assured our supply management sector will be in trouble.

In my part of the country the poultry farmers and producers, egg producers and dairy farmers are the basic building blocks of the community. They are stable and doing quite well, not leaping great riches, but they are supplying jobs and participating in the economy. They need domestic protection to be maintained. A government sponsored price fixing cartel I guess is what he called supply management. We have to be very vigilant and seriously call the government to task on these matters.

I am pleased that the Minister of Fisheries and Oceans was in the House to speak. He was on the committee of fisheries and oceans when a report called for more funding for small craft harbours, which I agreed with as a minister. I was minister of ACOA at the time. I was able to get a $100 million investment over five years into small craft harbours. That expired this year.

In our election platform last year we promised to put in even more money, and that is what is needed. What do we see? We see the government letting it expire. The Minister of Fisheries and Oceans hypocritically called for more funding when he was in opposition. Now that he is Minister of Fisheries and Oceans, he is calling for less funding. Not only did he let that $20 million a year lapse by not reintroducing the funding next year, but there is less funding for Small Craft Harbours.

I was amazed and amused, but irritated, yesterday when on a question from the Bloc Québécois, he indicated in the House that he would find some money here and there for the wharf in the Bloc member's riding to get his support for Bill C-45. There are good elements to Bill C-45, but there are some very difficult, scary elements for the fishing industry that he does not seem to want to clarify.

I remember the opposition talking about how it was important to invest in the Digby wharf. We do not see that any more. There have been five years of legal wrangling brought about because the member for Cumberland—Colchester—Musquodoboit Valley made some very serious allegations, allegations and questions that I shared, and they had to be answered. The legal process ended up 14 months ago.

We were told that the fault was the contract written by the Department of Transport. Has the Minister of Transport stepped up to the plate? Do we see anything in the budget to get that facility back in the hands of the community? I believe it should be owned by Small Craft Harbours, like the other fishing harbours, and administered by a local harbour authority with the proper funding assistance. We see none of that.

There is the Digby/St. John ferry service. Last year I was pleased that the federal government, with the provincial governments of Nova Scotia and New Brunswick, found a short term two year solution for that ferry service. However, I did not see anything about it in the budget, but I will keep some hope. I understand the bureaucrats within the Department of Transport are working seriously at finding a long term solution. I encourage the minister to take quick action to ensure that we know a good year or year and a half in advance of the termination of the agreement that there will be a long term service there so businesses can make the necessary plans.

The government had a real opportunity to assist working families. What did it give them? In some cases $20 a week. It did nothing for the working poor. We know the federal government does not want to put anything in the second budget or third budget next year. It wants to force an election. It gave away every opportunity it had to help the poor.

If promised next year, there will be another cut in the GST. That is $6 billion. The $6 billion invested in the child tax benefit would bring a million children above the poverty line, and he has given away that potential. We know that next year it will be a very difficult budget. I am afraid we may go back toward deficit financing in the medium to short term with the type of budget introduced this year. We are not helping to build our country or our nation. Nor are we helping those most in need.

I am afraid I cannot support this budget. While I like some initiatives within it, it would be impossible for me to stand in support of a budget that throws away so much opportunity to build a nation.

Partially translated

Fisheries and OceansOral Questions

March 26th, 2007 / 2:50 p.m.


See context

St. John's South—Mount Pearl Newfoundland & Labrador

Conservative

Loyola Hearn ConservativeMinister of Fisheries and Oceans

Mr. Speaker, while I thank the hon. member for his question, let me also thank him and the Bloc for coming out publicly and asking the Liberals to move ahead with Bill C-45.

Let me say for the member, who is a very good representative for his fishermen, that we will, not through the budget but through the regulatory process and work already under way, be very shortly announcing positive moves that will help his fishermen and fishermen all across the country.

As spoken

FisheriesStatements By Members

March 23rd, 2007 / 11:15 a.m.


See context

Liberal

Lawrence MacAulay Liberal Cardigan, PE

Mr. Speaker, fishers in Cardigan and across the country have serious concerns regarding the federal government's proposed new fisheries act, Bill C-45.

The government wants to push this bill through the House of Commons even though it has failed to properly consult with fishermen, the very people who depend on the fishery for their livelihood. The fishery is a common resource property and as such, Canadians from coast to coast deserve to be heard on this new legislation.

The P.E.I. Fishermen's Association supports the Liberal motion to hoist Bill C-45 so that the Standing Committee on Fisheries and Oceans can hold proper hearings across the country.

Fishermen want to be heard. I ask the Minister of Fisheries and Oceans to support the Liberal motion so that Bill C-45 can receive proper hearing from the industry and the public itself. Why does the government want to shove this bill down the throats of fishermen without proper consultation?

As spoken

FisheriesOral Questions

March 2nd, 2007 / 11:45 a.m.


See context

Pitt Meadows—Maple Ridge—Mission B.C.

Conservative

Randy Kamp ConservativeParliamentary Secretary to the Minister of Fisheries and Oceans

Mr. Speaker, everyone in the House will know that nobody has stood up more for the fisheries industry in Newfoundland and Labrador than our current fisheries minister, certainly more than anything that was done in the last 13 years.

If the Liberals really want to support the fishery in Newfoundland, they ought to get behind Bill C-45 and come up with a new Fisheries Act that actually modernizes and supports the industry there.

As spoken

Aboriginal AffairsOral Questions

March 2nd, 2007 / 11:30 a.m.


See context

Liberal

Anita Neville Liberal Winnipeg South Centre, MB

Mr. Speaker, in three separate cases the Supreme Court of Canada was clear that the federal government had a duty to consult with first nations. Despite these rulings, the government has refused to conduct meaningful consultations. It imposes arbitrary deadlines that prevent real discussions from taking place: Bill C-2; Bill C-44; Bill C-45; nationhood; and now only seven days for consensus building on matrimonial real property.

Why does the government insist on taking such a father knows best attitude?

As spoken

Opposition Motion—Aerospace IndustryBusiness of SupplyGovernment Orders

March 1st, 2007 / 4:35 p.m.


See context

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I am very pleased to speak to the motion. I want to focus on a particular aspect of the motion.

At the end of the motion, it calls on the government “to provide fair regional distribution of economic spin-offs for all future contracts”. That part of the motion is particularly important because I would argue that is what we are looking for from coast to coast to coast, opportunities to have meaningful economic development.

Canada is a resource rich country. We are a country that has a skilled workforce. We are a country that has the know-how to actively participate in a domestic economy and the international economy, yet we are seeing a shedding of manufacturing jobs. In the last couple of weeks we have heard announcements that there are going to be further layoffs in the auto sector in Ontario.

The New Democrats have been calling for national strategies in some key sectors. We have called for a national strategy in forestry. We have called for a national strategy for our shipbuilding industry. We have called for a national strategy for our auto sector. There are other sectors. For example, the garment sector is a big factor in Winnipeg. The member for Winnipeg Centre has been a tireless advocate for the garment workers in Winnipeg and in other parts of the country.

We need a mechanism that looks at economic development and that makes sure that our communities take advantage of the local resources and that we see spinoffs in all of our communities that create meaningful well-paying jobs.

A report that was issued today talked about the prosperity gap. It said that a significant number of people are falling behind. It is very disquieting to see those numbers in this day and age. We are in an economy that is supposed to be so hot, yet there are people who are losing ground. People are working more hours and their buying power just is not there.

There are some key principles regarding community economic development, there are some key principles. In the book Toward Sustainable Communities: Resources for Citizens and their Governments, Professor Mark Roseland from Simon Fraser University talks about the importance of local control over local resources. He indicates that community economic development is defined as:

--a process by which communities can initiate and generate their own solutions to their common economic problems and thereby build long-term community capacity and foster the integration of economic, social, and environmental objectives.

He states:

The main goal of most CED [community economic development] initiatives is individual and community self-reliance through collaborative action, capacity building, and returning control of business enterprises, capital, labor, and other resources from the global marketplace to communities.

He also states:

Local self-reliance does not mean isolation. It means diversification of local economies to support local needs, encourage cohesiveness, reduce waste and enable more sustainable trade practices with other communities.

Today we are speaking specifically about the aerospace industry in Quebec, but I would say that underlying this is the need for communities and provinces from coast to coast to coast to have that kind of self-reliance that is so important for the healthy functioning of our communities. There is a need to take into account the social aspects of our communities, the environmental aspects of our communities, and the economic aspects of our communities. Many people refer to this as the triple bottom line. Many of the decisions that we make do not take into account that triple bottom line.

One very important aspect of the aerospace industry is search and rescue. In British Columbia and many other parts of Canada, the fixed wing search and rescue aircraft are a very important part of how communities function. This is certainly something the Conservative Party has not addressed. There are 40-year-old Buffalo aircraft doing search and rescue. When the issue was brought up with the minister at the defence committee, he said that the process has stalled.

The Government of Canada has been proposing new fixed wing search and rescue planes for years but the last government failed to deliver on this and certainly the current government has failed to deliver on this.

I cannot imagine that members of the House from all parties would not support new search and rescue aircraft. My colleague, the member for New Westminster—Coquitlam, proposed Motion No. 283 in order to allow the House to express its support for new search and rescue planes. The Conservatives have not made search and rescue aircraft or more sovereignty a goal of their procurement strategy. The Conservatives have focused on C-17s which are American built and will be partly American maintained.

In the context of economic development and good paying jobs in Canada, surely we would want to invest in new search and rescue aircraft and we would want to ensure they are built and maintained in Canada.

One of the things many folks talk about is maintaining our economic sovereignty. It is important that when we are talking about economic sovereignty that we are making those strategic investments in Canadian jobs and Canadian industries.

Over the years, many of us have talked about the importance of local economic development. I think many of us can probably cite very successful initiatives in their own ridings. I know the members of the Bloc are passionate advocates of successful economic development in their own ridings.

I want to highlight a particular issue. It is rather timely because we have been talking about Bill C-45, which is a new Fisheries Act. When we talk about economic development, we know that sports and recreational fishers are an important contributor to the British Columbia economy. We have many successful economic initiatives in British Columbia and I will highlight one that is in Nanaimo. St. Jean's Salmon Fish Cannery in Nanaimo made a commitment to the sport fishing industry 40 years ago. I will read from its website where it states:

Armand St. Jean had created a cottage industry smoking oysters and canning clam chowder in the back of his garage. He impressed some American sports fishermen, who suggested he turn his hand to canning salmon. The idea made sense to St. Jean, so he fixed up an old boathouse and got to work. The rest is history. Gerard St. Jean joined his father, constructed a new building to house the expanding business, weathered the economic storm of the early 80's and saw the business expand in '86.

From canning salmon, oysters, and chowder, St. Jean's Cannery & Smokehouse expanded to include products like solid white albacore tuna canned without water or oil, canned wild West Coast chanterelle mushrooms, seafood pates, oyster soup and whole butter clams.

The website goes on to read:

What started as a backyard canning operation in 1961 is now virtually the only full-service processor catering to sport fishermen in British Columbia.

That is an example of successful economic development. When we are talking about the spin-offs in industry or in aerospace, there is something economists refer to as the multiplier effect. For every direct job, whether it be in aerospace, the garment industry, shipbuilding or in forestry, two to seven jobs are often spun off. It depends on the industry as to how many jobs will be spun off but I would argue that local economic development initiatives support other suppliers, the transportation sector and their important initiatives in our communities to keep our communities healthy and vibrant.

I want to turn briefly to softwood lumber. We certainly have had some fundamental differences with the Bloc on the softwood lumber agreement. In British Columbia we have talked about the importance of the softwood lumber agreement around economic spin-offs and around regional importance in our communities.

In a press release entitled, “Softwood Lumber Agreement spells trouble for jobs in BC's forest-dependent communities”, the Canadian Centre for Policy Alternatives stated the following:

The new Canada-US Softwood Lumber Agreement, if it is ratified by the Canadian Parliament--

--and we know it was--

--spells bad news for BC's forest-dependent communities. According to a new Canadian Centre for Policy Alternatives report, the deal with dampen efforts to move BC's forest industry up the value chain, and will lead to more raw log exports, both of which mean fewer jobs in BC's forest sector.

When we talk about aerospace, the concern people have is not only for the direct jobs but for the spinoff jobs that are so vital. We know the multiplier effect is critical in terms of economic diversity in our communities.

In the same press release, it further states:

The report, Softwood Sellout: How BC Bowed to the US and Got Saddled with the Softwood Lumber Agreement, shows how the BC government made a concerted effort beginning nearly five years ago to fundamentally restructure forest policies in a failed attempt to appease the US softwood lumber lobby. The changes included:

scrapping laws that obligated forest companies to operate certain mills,

scrapping public timber auctions specifically for value-added manufacturers,

scrapping auctions of timber to small, independent mills, and

scrapping prohibitions on wood waste on logging sites.

“These changes and more were made to address US 'perceptions' that BC subsidized its forest industry”, Parfitt says. “None of them were in the public interest. All of them hurt BC communities. Value-added manufacturing is down, raw log exports are up and massive amounts of usable logs are being left on the ground instead of being processed.”

In Nanaimo—Cowichan, we are seeing the impacts of those kinds of policies. Sawmills have closed and pulp and paper mills are in desperate straits because of a lack of access to fibre supply. We are only beginning to see the impacts of this agreement.

We are talking about economic development. We are talking about regional disparities. In British Columbia we are certainly seeing some regional disparities.

The “Softwood Sellout” report made a number of recommendations. I will not be able to cover all of them in the brief time available to me, but one of the things that happened in British Columbia was an end to milling requirements. This was called the impertinency clause and it is particularly important because the impertinency clause talked about the fact that in B.C., a province rich in trees, 95% of the land is crown land. It is owned by the people of B.C. and there was a social contract.

That social contract meant that the trees that were cut down in British Columbia would be milled close to home. It is such an important element. This is a resource owned by the citizens in British Columbia. The citizens of British Columbia absolutely own those trees and therefore the direct benefits should come to our communities.

Instead, what we have seen is a disassembling of that social contract. Raw log exports have increased and the trees are being shipped south of the border to be processed.

As spoken

Business of the HouseOral Questions

February 22nd, 2007 / 3 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader 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.

As spoken

Ontario Fishery Regulations, 1989Delegated LegislationOrders of the Day

February 21st, 2007 / 1:40 p.m.


See context

Conservative

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--

As spoken

Ontario Fishery Regulations, 1989Delegated LegislationOrders of the Day

February 21st, 2007 / 1:25 p.m.


See context

Bloc

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.

Translated

Ontario Fishery Regulations, 1989Delegated LegislationOrders of the Day

February 21st, 2007 / 1:20 p.m.


See context

Liberal

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.

As spoken

Ontario Fishery Regulations, 1989Delegated LegislationOrders of the Day

February 21st, 2007 / 1:15 p.m.


See context

Liberal

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—

As spoken

Ontario Fishery Regulations, 1989Delegated LegislationOrders of the Day

February 21st, 2007 / 1:15 p.m.


See context

Conservative

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.

As spoken

Ontario Fishery Regulations, 1989Delegated LegislationOrders of the Day

February 21st, 2007 / 1:05 p.m.


See context

Pitt Meadows—Maple Ridge—Mission B.C.

Conservative

Randy Kamp ConservativeParliamentary 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.

As spoken

Ontario Fishery Regulations, 1989Delegated LegislationOrders of the Day

February 21st, 2007 / 1 p.m.


See context

The Speaker 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.

As spoken

Ontario Fishery Regulations, 1989Delegated LegislationOrders of the Day

February 21st, 2007 / 1 p.m.


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Liberal

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.

As spoken

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.

As spoken

February 19th, 2007 / 6:35 p.m.


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Pitt Meadows—Maple Ridge—Mission B.C.

Conservative

Randy Kamp ConservativeParliamentary Secretary to the Minister of Fisheries and Oceans

Mr. Speaker, we have heard this speech before and saying it louder and more often does not make it any more true.

In fact, the proposed act reflects the wishes of fishermen in this country and would ensure that individuals who are licensed to fish will fish the resource for the benefit of their families and all Canadians.

Fishermen have repeatedly told us that they want predictable, stable and transparent decision making and that they want to be involved in decisions that affect their lives. They know that sustainable fisheries for the future means that conservation has to be their first goal. Bill C-45 considers all of these factors.

What Bill C-45 does not do is privatize the resource or corporatize the fishery.

The notion of fisheries as a common property resource is the law of the land as stated by the Supreme Court of Canada in 1997.

In the case of Comeau's Sea Foods Ltd. v. Canada, the Supreme Court of Canada stated:

Canada’s fisheries are a “common property resource”, belonging to all the people of Canada. ...it is the Minister’s duty to manage, conserve and develop the fishery on behalf of Canadians in the public interest.

The concept of a common property resource is spelled out in several sections of Bill C-45 so that the public resource would continue to be managed on behalf of the public by a public authority and in the interest of all Canadians.

In the proposed bill, the preamble declares that, “Parliament is committed to maintaining the public character of the management of fisheries and fish habitat”.

Further evidence that the act would uphold the notion of the fisheries as a public resource is found under the considerations pertaining to access and allocation.

It states that the minister and others who administer the act must encourage the participation of Canadians in the making of fisheries management decisions, as well as decisions around the conservation and protection of fish and fish habitat.

The importance of maintaining the public access to the fishery is explicitly stated as an important consideration in section 25.

The bottom line is that we need to modernize the way we manage fish and fish habitat, and that is what Bill C-45 would do. Unlike the current act, Bill C-45 would require us to consider impacts on habitat from fishing. It would require us to consult with industry when changing the rules of the game. It would give us and the industry the tools to strengthen industry participation in the day to day management of the fisheries.

It would give a formal role to a broad range of stakeholders in determining how fisheries should be managed. It would take the politics out of access and allocation so that industry could focus on making their businesses viable and economically competitive in a modern and global marketplace.

In short, we are modernizing the fisheries management and the Fisheries Act to meet the needs of a modern industry, one that has evolved significantly over the last 20 years, not to mention over the last 139 years, with an absolutely clear commitment to the sustainable use of the fishery resources for present and future generations.

Like everything in life, use of a common property resource requires rules. Similarly, there are obvious boundaries on the public right to fish. It has been a regulated activity since the dawn of Confederation. In fact, there is currently very little fishing in tidal waters that is not completely regulated by federal legislation. That would continue under Bill C-45. Without regulation and appropriate legislation, there would be chaos on the water and the health of fish stocks would be in peril.

Unlike the current act, which makes no reference at all to common property resource or the public right to fish, a renewed Fisheries Act would set in place rules so that Canadians can continue to engage in fishing activities now and in the future.

As spoken

Peter Stoffer NDP Sackville—Eastern Shore, NS

Mr. Speaker, the other day I raised a question in the House regarding Bill C-45, the new fisheries act tabled by the Minister of Fisheries on December 13 of last year.

It is ironic that this very thick bill, almost two and a half times bigger than the previous act, represents a sweeping change to the oldest act of Parliament, the Fisheries Act, which is 138 years old. It is ironic that it was dropped on our desks on December 13. Shortly afterwards, we went on Christmas break.

After carefully reading the bill, I started asking questions of fishermen, their communities and their organizations, various provincial premiers, various aboriginal groups, and environmental groups. In the premise of the preamble and the news releases, it was said that the bill came from “extensive consultations”.

Believing the government to be honest, I started asking who had been consulted with. I am still waiting for the names of the people who were consulted. I asked: “Were you asked to help the government redefine a new Fisheries Act prior to December 13? Were you consulted or were you presented with papers?”

Consultation means to actually seek input from people, not tell them what we are going to do. I know that my hon. colleague, the parliamentary secretary from British Columbia, is going to answer this question, so I am going to give him a little preamble.

He probably already knows a very fine and learned gentleman, Mr. Christopher Harvey, Q.C., who is a very well spoken, articulate and very informed lawyer from British Columbia. I will quote a paragraph for the hon. member, because I know the hon. member himself is from B.C.

Mr. Harvey talks about the fact that Bill C-45 is a colossal expropriation of fishing rights, which means that it privatizes a public resource. The hon. member knows that in 1997 the Supreme Court of Canada ruled that the fisheries are a “common property resource” to be managed by the Government of Canada in the public interest. Mr. Harvey, in his dissertation on the act, says:

This is a transparent attempt to download unlimited and unspecified charges onto fishermen. Long ago, in the B.C. Terms of Union of 1871, the federal government agreed to “defray the charges” for protection and encouragement of fisheries.

That is what it said. The parliamentary secretary can say whatever he wants from his departmental notes. That is exactly what happens. This bill will not protect fish and fish habitat. It will privatize a public resource, will further destroy fishing families and their communities across the country, and will eventually divide and conquer first nations and non-aboriginal fishermen and further create a divide that is already there.

We have already said to the minister and his parliamentary secretary that if they truly want to have a new fisheries act, we welcome the debate. We would welcome the opportunity to take this to a special legislative committee before second reading so that we can truly consult with Canadians from coast to coast to coast, and those on our inland waters, in order to develop a new fisheries act that not only protects the habitat but enhances opportunities for commercial and recreational fishermen right across this country.

I have questions for the government.

Why were 31 environmental groups across the country unanimous in their condemnation of this bill the other day?

Why was the UFAW/CAW union in B.C. upset over this act?

Why were Otto Langer and Carl Hunt, two renowned fisheries biologists, one from B.C. and the other from Alberta, so very angry and upset over this bill?

Why was Phil Morlock, head of the CSIA, the association for our $7 billion sport fishing industry in this country, never once consulted on this bill?

As spoken

Business of the HouseOral Questions

February 15th, 2007 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader 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 we will resume debate on Bill C-31, the voter integrity bill, with Bill C-35, the bail reform bill as backup.

Monday we will call Bill C-31, elections, if it is not completed tomorrow; Bill C-44, human rights; Bill C-11, transport; Bill C-33, technical income tax; Bill S-2, hazardous materials; and the statutory order. We have an ambitious agenda there.

Tuesday, February 20, and Thursday, February 22, will be allotted to the business of supply.

On Wednesday we will continue with the business outlined on Monday.

Next Friday, I will consider beginning the debate on Bill C-45, An Act respecting the sustainable development of Canada's seacoast and inland fisheries.

With respect to the debate on the statutory order regarding the Anti-terrorism Act, if an agreement on debate is not reached before February 28, certain provisions of the Anti-terrorism Act will sunset. It is the government's view that all members should be given the opportunity to decide the fate of these provisions because they involve the safety of people they represent.

Recent events have made us aware that the terrorist threats continue to specifically target Canada, but if the terms of the law are not extended by March 1, the protections that we have in place right now will cease to apply.

If an agreement can be reached, I am prepared to call the motion sooner and sit as long as necessary on that day to bring the debate to a conclusion.

Partially translated

Fisheries and OceansOral Questions

February 2nd, 2007 / 11:55 a.m.


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NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

Mr. Speaker, in 1997 the Supreme Court of Canada ruled that the fisheries of Canada is a “common property resource” and must be managed in the interests of all Canadians.

The Government of Canada has just released Bill C-45, one of the most sweeping changes to the Fisheries Act we have ever had in this country. It privatizes the fishery, corporatizes the fishery, destroys fish habitat and allows DFO officials to be off the hook for their decisions.

In 1992 the cod collapse cost the Canadian taxpayer $4 billion and nobody was held accountable.

Will the minister now bring in a new act that reflects the real wishes of fishermen in this country?

As spoken