An Act to amend the Fisheries Act and other Acts in consequence

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Fisheries Act to, among other things,
(a) require that, when making a decision under that Act, the Minister shall consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, include provisions respecting the consideration and protection of Indigenous knowledge of the Indigenous peoples of Canada, and authorize the making of agreements with Indigenous governing bodies to further the purpose of the Fisheries Act;
(b) add a purpose clause and considerations for decision-making under that Act;
(c) empower the Minister to establish advisory panels and to set fees, including for the provision of regulatory processes;
(d) provide measures for the protection of fish and fish habitat with respect to works, undertakings or activities that may result in the death of fish or the harmful alteration, disruption or destruction of fish habitat, including in ecologically significant areas, as well as measures relating to the modernization of the regulatory framework such as authorization of projects, establishment of standards and codes of practice, creation of fish habitat banks by a proponent of a project and establishment of a public registry;
(e) empower the Governor in Council to make new regulations, including regulations respecting the rebuilding of fish stocks and importation of fish;
(f) empower the Minister to make regulations for the purposes of the conservation and protection of marine biodiversity;
(g) empower the Minister to make fisheries management orders prohibiting or limiting fishing for a period of 45 days to address a threat to the proper management and control of fisheries and the conservation and protection of fish;
(h) prohibit the fishing of a cetacean with the intent to take it into captivity, unless authorized by the Minister, including when the cetacean is injured, in distress or in need of care; and
(i) update and strengthen enforcement powers, as well as establish an alternative measures agreements regime; and
(j) provide for the implementation of various measures relating to the maintenance or rebuilding of fish stocks.
The enactment also makes consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from 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-68s:

C-68 (2024) Law Appropriation Act No. 1, 2024-25
C-68 (2015) Protection Against Genetic Discrimination Act
C-68 (2005) Pacific Gateway Act

Votes

June 17, 2019 Passed Motion respecting Senate amendments to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence
June 17, 2019 Failed Motion respecting Senate amendments to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence (amendment)
June 13, 2018 Passed Concurrence at report stage of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence
June 13, 2018 Failed Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence (report stage amendment)
June 11, 2018 Passed Time allocation for Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence
April 16, 2018 Passed 2nd reading of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence
March 26, 2018 Passed Time allocation for Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence

Fisheries ActGovernment Orders

June 12th, 2018 / 7:10 p.m.

Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, I want to thank my colleague from Calgary for his comments; that is definitely a high bar. I had the honour of being on the fisheries committee back in 2012, when the changes were made by our government, and they were necessary and important. I was also on the fisheries committee in 2016, when the revisions were being debated.

Let us talk about the old Fisheries Act, prior to 2012. There were many problems with the act. There was a great level of uncertainty. It introduced uncertainty into the development process. It had a wide scope. All of Canada became fish habitat, entire watersheds, extending the federal jurisdiction everywhere in the country. There was lack of discretion. The old Fisheries Act removed any regulatory discretion, since all fish habitat was considered important, no matter how small a puddle it was. There was a lack of knowledge. Knowledge of Canada's fisheries is rather poor, and that is no one's fault. It is just such an enormous task that we still have a long way to go. There were high compliance costs. The cost of compliance for rural communities and industries was extremely high, for very little return in terms of fisheries conservation. This added to the regulatory burden on top of things like the Species at Risk Act and various environmental legislation, most of which, quite frankly, introduced very little environmental improvement.

It is interesting. In 2009, the Auditor General evaluated the old Fisheries Act. She asked how it worked, what it did, and what results came from it. The program's lack of success, without sufficient support from science, was likewise documented in the Auditor General's 2009 report on the fish habitat management program. A report by the commissioner of the environment and sustainable development called “Protecting Fish Habitat” indicated that, over 23 years, the fish habitat management program could not be demonstrated to have adequately protected fish habitat, and by extension fisheries. All kinds of money was spent and staff time was used up with no effect on fisheries.

I have said it a few times in the House, but for those who do not know, I am a fisheries biologist by training. My entire career has been in fisheries, and I have been involved in conservation my entire life. In fact, I do not mind being called an environmentalist, but I am very much a right-wing environmentalist.

The changes we made to the Fisheries Act were very much in line with the 1986 fish habitat management plan, which actually was in place when the old Fisheries Act was in place. In the changes we made to the act, we went from equal consideration for all fish species and habitat to focusing on sustainability and the productivity of fisheries: commercial, recreational, and aboriginal. This was the most important part. How strange it is to have a Fisheries Act actually dealing with fisheries. Fisheries means the act of human beings harvesting fish in a sustainable manner. That is what our act was all about.

The 1986 fish habitat management program was in place when we changed the Fisheries Act. It said:

The policy applies to those habitats directly or indirectly supporting those fish stocks or populations that sustain commercial, recreational or Native fishing activities [that was the vernacular of the day] of benefit to Canadians.... In accordance with this philosophy, the policy will not necessarily be applied to all places where fish are found in Canada, but it will be applied as required in support of fisheries resource conservation.

As fisheries biologists, that is what we are supposed to do, protect fisheries. This was in line with the actual fish habitat policy.

It has been said by a couple of speakers already. I sat on the committee, along with my colleague from Cariboo—Prince George, whom I admire greatly for his perseverance and perspicacity. We asked witness after witness if they could prove that there was any harm done to any fish population in Canada because of the changes we made to the Fisheries Act in 2012. Not one person could provide quantitative evidence. They just regurgitated Liberal and NDP talking points. As far as I am concerned, what goes on on the ground in terms of fish population, fish conservation, and fisheries sustainability is what really counts.

I would just make the point that the 2010 sockeye salmon run in the Fraser and the 2014 sockeye salmon run in the Fraser were the largest in Canadian history. Wonder of wonders, which government was that under? It was the government of Prime Minister Stephen Harper. Now the sockeye salmon runs in the Fraser are in jeopardy.

What did we hear in our committee in terms of the Fisheries Act? From the mining association, the representatives said to our committee, when the government wanted to change the Fisheries Act of 2012:

...the 2012 changes to the Fisheries Act have in practice broadened the circumstances in which section 35 prohibitions apply and increased the circumstances in which an authorization and offsets are required.

While noting the increased burden on mining project proponents imposed by the amendments....

They then went on to talk about that. The point is that the mining association said that our act was tougher and protected fish habitat even better. Of course, the current government, by changing our act, would actually weaken fish habitat protections.

In a letter to the committee, the Saskatchewan Association of Rural Municipalities talked about what it was like prior to 2012. It stated:

Prior to 2012, the Act applied to all waterways in Canada, regardless of whether they actually supported fish habitats. This caused a significant administrative burden, increased construction costs and delays for many municipalities in Saskatchewan and Alberta, as impact assessments and modified design and construction processes were often required for municipal bridges and culverts to accommodate fish habitats that, in many cases, did not exist.

That is the kind of act we dealt with.

The Alberta Association of Municipal Districts and Counties said this about our act, the Fisheries Act of 2012:

For this reason, the AAMDC is supportive of the Fisheries Act as currently written, as it effectively balances local autonomy with federal oversight of fish habitats, while also focusing attention on the protection of important commercial, recreational and Aboriginal fisheries. This structure allows for municipalities to leverage knowledge of their local environments to determine whether federal oversight of a project across or into a water body is necessary....

Fancy that, local people knowing more about their environment that some remote bureaucrat.

The crowning glory, in a negative sense, in terms of testimony, came from the Canadian Federation of Agriculture. The CFA represents all farmers across the country. Mr. Ron Bonnett, the president, said:

...these farmers are all too familiar with the Fisheries Act in its previous form [previous to 2012]. The experience that many farmers had with the [old] Fisheries Act, unfortunately, was not a positive one. It was characterized by lengthy bureaucratic applications for permitting and authorizations, and a focus on enforcement and compliance measures taken by officials coupled with a lack of guidance and outreach....

He goes on to say:

There are also many accounts of inconsistency in enforcement, monitoring, and compliance across Canada with different empowered organizations, which led to a confusion and indiscriminate approaches to enforcement and implementation. Even at the individual level, there were different interpretations of the act based on one's familiarity with agriculture.

What Mr. Bonnett was saying was that there were fisheries officers who knew nothing about agriculture, so they came and tried to implement this act, most of them while carrying firearms on their hips, which was very strange in peaceful rural communities, and that simply did not work. Mr. Bonnett went on to say:

It is CFA's position that a complete revert to reinstate all provisions of the Fisheries Act as they were would be unproductive, would re-establish the same problems for farmers, and would provide little improvement in outcome for the protection and improvement of fish habitat.

In terms of our act, Mr. Bonnett stated, “The current streamlined approach is working far better for all and efforts should continue”.

One last point I want to make is that it is really a disgrace that the current government cancelled the recreational conservation fisheries partnerships program, and I am quoting from testimony to the fisheries committee by assistant deputy minister, Kevin Stringer. He said, “Under the recreational fisheries partnerships program, $3.1 million was spent.” This was the first year. There were 74 different organizations that undertook 94 habitat restoration projects. There were 380 partners involved in those projects, 1,700 volunteers donated their time, 2.4 million square metres of habitat restored, and 2,000 linear kilometres of recreational fisheries habitat enhanced.

That is real, on-the-ground conservation, and the government cancelled that program.

Fisheries ActGovernment Orders

June 12th, 2018 / 7:20 p.m.

Liberal

Peter Fragiskatos Liberal London North Centre, ON

Madam Speaker, I have two questions for the member, and they are very simple. Does he believe that the world is getting warmer, and does he believe that climate change is a human-made phenomenon?

Fisheries ActGovernment Orders

June 12th, 2018 / 7:20 p.m.

Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, that, quite simply, has nothing to do with the topic at hand. The issue at hand is how the current government is weakening fish habitat protection, hurting Canada's fisheries, and will be layering its new fisheries act on top of Bill C-69. It will drive industry and investment away from this country, and it is especially going to harm rural communities, the kind that I represent.

Fisheries ActGovernment Orders

June 12th, 2018 / 7:20 p.m.

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I actually feel sorry for our hon. colleague. I think that is the first time he has spoken this whole session, and then he throws something out like that, which is totally nonsensical.

I listened intently to our hon. colleague, and there is a reason I wanted him to have one of the last words here. He is perhaps the most knowledgeable person in terms of fisheries. I have so much respect for this gentleman. The work that he has done not only in this session but previous sessions with respect to our fisheries programs is commendable.

Our hon. colleague brought up an important part of our fisheries. He and I travelled together looking at the Atlantic salmon and northern cod issues, and we have some serious concerns. The government has failed to act on the concerns that we are hearing in Atlantic Canada. It is failing Canadians. It is failing Atlantic Canadians, and I would like my hon. colleague to speak to what we heard when we toured the Atlantic provinces to research the Atlantic salmon problem.

Fisheries ActGovernment Orders

June 12th, 2018 / 7:25 p.m.

Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, I was in Atlantic Canada, in Miramichi, a couple of weeks ago meeting with all the Atlantic salmon stakeholders. To a group, they were scathing in terms of the actions of DFO, its incompetence, its indifference to communities, and its lack of respect for communities. DFO staff evidently think their clients are the fish. To us, clients are the people who use the fish.

There is the issue of the striped bass that the government is not acting on. There is the issue of seal predation that the government is not acting on. It took a non-governmental organization, the Atlantic Salmon Federation, to strike a deal with Greenland to prevent its overfishing. There are some invasive species getting into these watersheds and DFO is preventing good conservation work to be done to get rid of those invasive species, and if they get into Atlantic salmon habitat, there will be some serious predation issues.

DFO was shown to me to be completely incompetent, and that stands at the feet of the fisheries minister.

Fisheries ActGovernment Orders

June 12th, 2018 / 7:25 p.m.

Conservative

Larry Maguire Conservative Brandon—Souris, MB

Madam Speaker, I want to express my sincere respect for this gentleman's ability to understand the fishing industry and the biology that goes with it. He has made a lifetime out of it. He has a master's degree in this from years back. He has had government experience with it. I know that he knows how little money it can actually take sometimes to have a big impact on improving lakes, the quality of water, and the recreational abilities of those facilities, not just for fishing but also for recreational swimming and other things as well. A prime example is some of the small projects that we were able to—

Fisheries ActGovernment Orders

June 12th, 2018 / 7:25 p.m.

The Assistant Deputy Speaker Carol Hughes

I had asked for a brief question. I need to allow the member to respond.

Fisheries ActGovernment Orders

June 12th, 2018 / 7:25 p.m.

Conservative

Larry Maguire Conservative Brandon—Souris, MB

Madam Speaker, the member mentioned the closure of the recreational fishing facilities by the government. I would like him to expand on how important that was.

Fisheries ActGovernment Orders

June 12th, 2018 / 7:25 p.m.

Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, the member is talking about Pelican Lake in his riding. He worked tirelessly to access funding from the recreational fisheries program. They installed six aerators on that lake. That lake used to winter kill. Now it has a thriving fish population in that area that has created a very strong local tourism economy and it is thanks to the member for Brandon—Souris and the recreational fisheries fund that this success story happened.

Fisheries ActGovernment Orders

June 12th, 2018 / 7:25 p.m.

The Assistant Deputy Speaker Carol Hughes

Is the House ready for the question?

Fisheries ActGovernment Orders

June 12th, 2018 / 7:25 p.m.

Some hon. members

Question.

Fisheries ActGovernment Orders

June 12th, 2018 / 7:25 p.m.

The Assistant Deputy Speaker Carol Hughes

The question is on Motion No. 1. A vote on this motion also applies to Motions Nos. 2 to 59. Is it the pleasure of the House to adopt the motion?

Fisheries ActGovernment Orders

June 12th, 2018 / 7:25 p.m.

Some hon. members

Agreed.

No.

Fisheries ActGovernment Orders

June 12th, 2018 / 7:25 p.m.

The Assistant Deputy Speaker Carol Hughes

All those in favour of the motion will please say yea.

Fisheries ActGovernment Orders

June 12th, 2018 / 7:25 p.m.

Some hon. members

Yea.