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

This bill was last introduced in 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 often publishes better independent summaries.

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 the Library of Parliament. You can also read the full text of the bill.

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

June 16th, 2020 / 3:05 p.m.
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Melanie Sonnenberg President, Canadian Independent Fish Harvesters Federation

Good afternoon, everyone.

Thank you, Mr. Chair, and thank you to the committee for inviting the federation to appear today.

The Canadian Independent Fish Harvesters Federation is the national advocacy voice for the over 12,000 independent harvesters who land most of Canada's seafood. Collectively we employ a crew of about 30,000.

We are the people who produce most of Canada’s lobster, crab, wild salmon, shrimp and groundfish. Our seafood landings put Canada among the top fishing nations in the world and make us the single largest private sector employer in the majority of our coastal communities across Canada.

Canada's fishery sector was hit particularly hard in January by COVID-19, which is earlier than other sectors. The seasonal nature of the fishery has left it exceptionally hard hit by the pandemic, with critical decisions centred around the ability of harvesters to survive the present market conditions and financial crisis that has impacted the industry. Canada's fish harvesters are facing very difficult times, and we hope that, by appearing today, we can identify some of the gaps and issues that have arisen as a result of the situation around COVID-19.

The federation has been closely following the various emergency support programs announced by the Government of Canada in response to the economic crisis caused by COVID-19. Of particular interest to our members has been the Canada emergency business account, the seafood stabilization fund, Farm Credit Canada, the Canadian emergency relief benefit, the Canada emergency wage subsidy, and just recently, the fish harvester benefit program.

Unfortunately, due to the nature of our industry as well as the various restrictions and the limitations on the programs, it is difficult, if not impossible, for some fish harvesters to access the programs as they are presently structured. More adjustments need to be made to assist harvesters, but there are, almost certainly, others who will fall between the cracks if we do not proactively take steps to prevent devastating losses to our independent harvester fleets across the country.

Considering the unique situation of our industry and our ability to provide a secure food source to Canadians, we wish to highlight the following concerns that exist for harvesters. The fish harvesters relief package that was announced May 14 was welcome news. Now harvesters urgently need details, eligibility requirements and when funds are going to be released.

We acknowledge there is considerable work to get the program going, but those in industry who are not eligible for other programs urgently require financial assistance. The new enterprise owner-operator who is just beginning a business in the fishery and has no financial history continues to be left out of most programs. Dedicated resources must be given to this important issue, and we need to collectively work together to find solutions for this segment of the industry.

The federation was formed over eight years ago as a need to protect the independent harvesters across Canada. Independent harvester fleets were highlighted in the legislation that was adopted last June by Parliament through Bill C-68. The bill identified the need to protect and promote this important part of our industry. Because of the financial crisis, large corporations, both inside the country and out, are in a position to acquire our enterprises. These acquisitions include the use of controlling agreements, which are under-the-table deals that give access to our public resources in a way that was never intended nor compliant with regulations and DFO policy. Most importantly, under COVID-19, we must not allow the erosion of this policy. The Canadian ownership in the fishery is important, and this erosion is happening now and will weaken our national food security.

Presently there is a regulatory package that is waiting to move from Canada Gazette part I to Canada Gazette part II. It is imperative that this is supported and completed, as it gives the department more strength to support the legislative piece on owner-operators that I previously mentioned. This is an urgent matter that is directly related to the pandemic in light of the financial vulnerability of the industry. We must not stand by and let owner-operators be further eroded in the face of the pandemic.

Innovative market solutions must be explored to support the industry both domestically and abroad. The situation in British Columbia is unique, given their vertically integrated, corporate-style fishery. As noted in FOPO's west coast benefits report last year, the need to protect B.C.'s independent harvesters is critical. COVID-19 has made the situation even worse, with last season's lease prices holding many harvesters hostage. Coastal communities will continue to decline if action is not taken to address the recommendations of the report.

With multiple fishery surveys cancelled, COVID-19 is directly in the way of collecting scientific information needed for the sustainable management of our fisheries. Independent harvesters stand willing to work with the department's scientists to ensure that critical data and information is collected. Additional resources are needed to support this important and necessary work. Presently, science is not deemed essential but it is supporting an industry that is essential. Therefore, we need science to be recognized as essential in support of the fishery as well. That would ensure that we have responsible management and continued industry access through strong science advice.

It is important to emphasize how urgently these issues and gaps need to be addressed on behalf of our industry. The seasonal nature of our fisheries makes recovery throughout the rest of the year extremely difficult. Without strong, comprehensive support, the future livelihood of many independent fish harvesters and, in turn, the economy of many of Canada's coastal communities are in doubt.

The challenge of this pandemic has demonstrated that now more than ever it's important to support domestic and international food supply chains, and that includes our seafood. We stand ready to assist your officials to ensure fish harvesters do not fall through the cracks. Please accept our offer of ongoing support and dialogue to protect the economic well-being of our vibrant coastal communities.

Thank you for your time and attention on this matter. By working together, we can ensure that our Atlantic and Pacific fisheries remain a viable renewable industry and that they support Canada's economic recovery.

In closing, I'd like to again thank the members of the committee for inviting us here today and for hosting the panel on the challenges facing the industry during the COVID-19 pandemic. We trust that through our work together we can ensure that our vital industry is not overlooked. I'm looking forward to your questions.

Thank you.

May 12th, 2020 / 12:05 p.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Thank you, Mr. Chair.

It's a huge honour to table e-petition 2512, which was signed by 1,198 petitioners, primarily from the province of Nova Scotia.

The Province of Nova Scotia invited multinational companies to scope out and develop expansive open-net salmon farming operations. The petitioners cite that the expansion would increase environmental degradation, as seen in similar aquaculture operations in British Columbia, Newfoundland, Norway, Vietnam and elsewhere in the world. It also, they cite, would pose risks to native fish stocks, pollute coastal ecosystems, impair at-risk wild Atlantic salmon, and threaten established fisheries and tourism operations. They also raise concerns that open-net fish farming would not create significant employment and would undermine existing lobster and other fisheries.

They are calling on the government to uphold Bill C-68 and species-at-risk legislation, protect our oceans, ban expansion of open-net finfish aquaculture in our oceans, work to phase out any existing open-net fish farming operations currently in place and, lastly, invest in land-based, closed-containment finfish aquaculture.

I want to thank these petitioners for fighting for clean oceans, for their local economy and for the well-being of Nova Scotia.

March 12th, 2020 / 9:30 a.m.
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Manager, Population Ecology Division, Maritimes Region, Department of Fisheries and Oceans

Dr. Kent Smedbol

I don't really have, I think, a direct answer for that. The one thing I can add is that as a result of implementation of the new Bill C-68, major fish stock provisions, throughout the Atlantic zones—so within the four regions—science is undertaking work that is related to this, and herring is one of our case studies.

What we're trying to do with that is we're both increasing some of the targeted surveys throughout the zone—so that includes the Gulf of St. Lawrence and Newfoundland—and also looking at ways to augment some of the information we are collecting. This is relatively new and hot off the press, so we'll have to stay tuned and see if that bears fruit.

I'll come back to one of the questions I answered earlier. You know, we are confident in the science that we do provide. When we think about what we mean by the term “uncertain”, it's not that we don't know what's going on with the stock; it's that we haven't defined the reference point under our precautionary approach framework.

We do have surveys for, I think, all of those major stock units, and we have fishery information as well, so from a science perspective we can communicate what has happened and, using our population models and forecasts, we can provide some levels of prediction of what may happen in the future under various management regimes or climate regimes. However, at the moment we are not able to diagnose directly or to link either an environmental factor or something else directly to stock decline.

Opposition Motion—The EnvironmentBusiness of SupplyGovernment Orders

June 18th, 2019 / 3:35 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, I want to thank our hon. colleague from Carleton. As a new father, I know that he considers this a very important debate. I know he takes this matter very seriously.

It is all about a better future for our children. The Minister of Environment has said that lots of times in this House, very loudly and very passionately. We all strive to leave our country better off for those who will come after us. This debate is about the future. It is about ensuring our children have a better future.

It has been interesting over the last three and a half years and indeed over the last couple weeks as we debate Bill C-48, Bill C-68, Bill C-69 and Bill C-88. Again, on the virtue-signalling motion that we had last night, Motion No. 29, everybody wants to know how everybody voted. I was travelling, I landed and all of a sudden the media wanted to know how we voted on it. Motion No. 29 does nothing. It declares that we all agree there is a climate emergency, but there is nothing behind it. There are no critical steps behind it to actually make things better. We have a carbon tax that the Liberal government implemented that does nothing but punish Canadians who live in rural communities.

I want to read something into the record.

“...to constrain the growth of...production by increasing the perception of financial risks by potential investors and by choking off the necessary infrastructure (inputs and outputs)...[the campaign’s original strategy states]. We will accomplish this by raising the visibility of the negatives associated with...[the production]; initiating legal challenges in order to force government and corporate decision-makers to take steps that raise the costs of production and block delivery infrastructure; and by generating support for federal and state legislation that pre-empts future demand for tar sands oil.

It also says this: How are we going to do that? Demarketing, raise the negatives, raise the costs, slow down and stop the infrastructure, enrol key decision-makers, goals, we want to influence debate, a moratorium, strategy, stop or limit pipelines, refineries, significantly reduce future demand for Canadian oil, leverage debate for policy victories in the U.S. and Canada, resources required, first nations and other legal challenges, public mobilization in Ontario and Quebec.

Members would be forgiven if they thought that was the mandate letter for the Minister of Environment. That is exactly what we are up against, the dogma that we hear, that is spread, the language that we hear time and again.

Bill C-68, Bill C-69, Bill C-48, Bill C-88, and Motion No. 29 are all aimed at our natural resources, and somehow Canada produces dirty products and our producers are going the way of just polluting our world.

It is interesting that the carbon tax targets soccer moms and small businesses, but does not go up against the very same polluters of the campaigns, Greenpeace, TIDES, the World Wildlife Fund and all these groups that now have executives or members who are former executives in the highest offices of the Liberal government. It does nothing. It gives those very same polluters a pass.

There is no denying that climate change is real. Humans contribute to the problem. We all must do our part to address the problem, but a carbon tax is not a climate plan. The Prime Minister does not have a climate plan, he has a tax plan.

Time and again it has been said that my province of British Columbia is seen as a success, yet we have had a carbon tax for over 10 years. When it was first introduced, it was supposed to be revenue-neutral, and now it is not. It goes in one hand and stays in the government coffers. It was supposed to lower emissions, and we know that that is not the case.

Over the last two summers, we have had some of the worst wildfires in our province's history. In my riding alone, we have had the worst fire season, the largest mass evacuation in our province's history.

I have stood in this House and asked how high the carbon tax has to be before we start to see those wildfires and natural disasters mitigated and lessened. I cannot seem to get an answer. As a matter of fact, I was laughed at when I asked that question.

The Liberals have pandered to the environmental lobbyists for the last four years. As a matter of fact, what we are seeing today with the legislation and all this virtue signalling they are doing with their hands on their hearts is payback for the 2015 election. Leading into this next election, they want to make sure that they are solidly behind them.

They have had four years to come out with a real plan, and the best they can do is a carbon tax. The Minister of Environment stands up here and shouts loudly so that we will all believe her, yet time and again, she has approved the dumping of millions of litres of raw sewage into our waterways.

A great Senate amendment came forward regarding third-party habitat banking, and I will go back to Bill C-68, where we talked about that. Where there is displacement of fish or fish habitat because of a project, it would allow the government to enlist people who are experts to create fish habitat. However, the Minister of Fisheries and Oceans and his department turned that down, and we heard testimony that they were the only people around the table who did not seem interested in creating fish habitat.

The Liberals like to stand up there, with all their environmental credits and their peeps behind them, saying that what they are doing is for the good of the country. We know that all they are doing is making things less affordable for those of us who live in rural communities.

I do not know if there is a fuel available that can power a logging truck or a freight truck. Our forestry sector has taken a massive hit since the current government has been in power, because we do not have a softwood lumber agreement. I will not put all the forestry downturn on the current government. However, it could have taken some major steps forward in assisting our forestry industry by securing a softwood lumber agreement.

We live in rural areas. Many of our first nations live off-grid. They have to power their communities with diesel. What has the government done to lift any of those first nations off their dependency on diesel and fossil fuels?

What about rural communities? At one point, we were a resource-driven economy. However, we know from the Prime Minister's very first speech that, under his government, our country has become known more for our resourcefulness than our natural resources. I guess that was a promise he has kept, because we have seen the government attack our natural resources sector time and again.

As we speak, there are forestry families who are receiving more layoff notices in my riding and in my home province of British Columbia. They do not have other projects or other opportunities to go to. What will they do? What is it that our Minister of Environment said? There is $500 million worth of opportunity. Where is it? It is not in our rural communities. In some of our northern climates, we cannot plug any of our school buses in. We cannot plug logging trucks or freight trucks in. We need them to get our goods to market.

Everything this carbon tax does makes the way of life in rural communities more expensive. This is not an environmental plan. It is a revenue plan, and it is on the backs of rural communities and rural Canadians. That is shameful.

Opposition Motion—The EnvironmentBusiness of SupplyGovernment Orders

June 18th, 2019 / 12:50 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, when I think of our environment, virtually from day one, this government has had a developing climate action plan that is healthy for the environment and the economy at the same time. We often talk about Canada's middle class, those aspiring to be a part of it and helping them through different measures. We recognize that we can do both at the same time. We can continue to develop the economy and ensure we have a healthier planet for future generations.

I want to highlight a few thoughts and then provide a little more detail on some of the politics.

When we look at the budgets and legislative measures, it is fairly impressive. We have committed hundreds of millions of dollars through budgetary measures over the last few years, such as over $2.3 billion in funding to support clean technology in one form or another; $21.9 billion in green infrastructure funding, which will support things like electricity infrastructure, renewable energy and so forth; and $2 billion for disaster mitigation and adaptation funding.

Along with these budgetary measures, we have legislative measures, such Bill C-48, the oil tanker ban; Bill C-69, the environmental assessment legislation; our fisheries in Bill C-68.

From day one, this government has been on track to bring forward positive legislation and budgetary measures. This demonstrates very clearly that we understand how important the environment is not only to Canadians but to the world. These types of actions put Canada in a good place with respect to strong international leadership on this very important file. I believe Canadians want us to do this as a government.

We can look at some of the initiatives that government can take, and we hear a great deal about the price on pollution. For years now, the Conservative Party has been a lone voice in the House of Commons. The New Democrats, the Greens and, to the best of my knowledge, the Bloc understand that a price on pollution is the best way to go. It is not only the parties in the chamber, but it is very well received in many provincial and territorial jurisdictions. In fact, the majority of them already had some form of a price on pollution in place.

When we are talking about the national price on pollution, we are talking about areas where there is no plan in place, where there is no price on pollution and the federal government is imposing one. The good new is that 80%-plus of constituents I represent as the member of Parliament for Winnipeg North will be better off financially as a direct result of the price on pollution. However, the Conservatives in their spin and misinformation that they funnel out of their Conservative war room virtually on a daily basis are telling Canadians something that is vastly different from reality and truth. This is not a cash grab.

The Conservatives ask about the GST on fuel at the pumps. I remind them that they put the cascading tax on the pump price. I remind the Conservatives that their Party ignored the environment to the degree that it now demands the type of attention it has been given over the last few years. We just voted last night on the emergency facing our environment. Once again, the Liberals, the Greens, the Bloc and the CCF all voted yes that we did need to take the environment far more seriously. They recognized that it as an emergency. Only the Conservative Party voted against that motion.

The Conservatives say they have a plan. They have been saying that for a long time now. For the last 400-plus days, all they have been doing is criticizing the price on pollution, even though it is widely respected and acknowledged as the best way to deal the reduction of emissions.

However, now Doug Ford has apparently met with the federal Conservative leader and hammered out a plan. Tomorrow, Mr. Ford will share his plan with the rest of Canada. He took Ontario out of the old plan,. Now he will present a national plan, worked on with the federal Conservative Party. I look forward to seeing that plan. A little more transparency on the environment is long overdue when it comes to the Conservative Party of Canada.

It would be nice to compare our plan with the Conservative plan. Our plan talks about hundreds of millions of dollars of investment in clean energy and working with the different stakeholders. I will provide some tangible examples. In the last budget, there was an incentive for individuals to buy electric vehicles. Other provinces, like the beautiful province of Quebec, had a complementary program that would give the residents of Quebec a more substantial discount. Tesla reduced the price on a vehicle in order to get under the threshold. The biggest winner in this is the consumer, followed by the environment.

Governments can make a difference. To get a better appreciation of that, look at what happened in the taxi industry in the province of Manitoba with the Prius car. It was through government action. Government actions can make a difference. We came in with a plan after working with indigenous communities, provincial governments, municipalities, school boards and the private sector in developing ways to reduce emissions in every region of our country.

Through this debate, I have learned that the Conservative Party opposes supporting private sector initiatives with public dollars. That became very clear in the last number of weeks. I am anxious to see how the Conservatives might spin on that dime as they try to convince Canadians they care about the environment. In reality, there has been no indication that is the case.

Fisheries ActGovernment Orders

June 17th, 2019 / 3:15 p.m.
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Liberal

The Speaker Liberal Geoff Regan

Pursuant to order made on Tuesday, May 28, 2019, the House will now proceed to the taking of the deferred recorded division on the amendment to the motion to concur in the Senate amendments to Bill C-68.

The question is on the amendment.

The House resumed from June 14 consideration of the motion in relation to the amendments made by the Senate to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, and of the amendment.

Oil Tanker Moratorium ActGovernment Orders

June 17th, 2019 / 1:40 p.m.
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Liberal

Terry Beech Liberal Burnaby North—Seymour, BC

Mr. Speaker, I completely reject the premise of that question. This type of legislation, along with our larger approach for environmental protections and growing the economy, is designed to help bring the country together.

I am not surprised to get those kinds of comments from the Conservative opposition. It is the only party in the House that voted against the legislation in the first place. The opposition has opposed Bill C-55, Bill C-68 and changes that protect by increasing our MPAs.

The opposition has also failed with respect to the economy. The last two Conservative governments have accrued over 72% of the total debt of the entire history of the debt in Canada. We cannot afford to have those guys back in power again.

Oil Tanker Moratorium ActGovernment Orders

June 17th, 2019 / 1:15 p.m.
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Burnaby North—Seymour B.C.

Liberal

Terry Beech LiberalParliamentary Secretary to the Minister of Transport

Mr. Speaker, on what is likely the last sitting week of the 42nd Parliament, I appreciate the opportunity to outline both the necessity and benefits of Bill C-48, otherwise known as the oil tanker moratorium act. Let me begin by reminding members that Bill C-48 is the fulfillment of an election promise made in 2015. It was later included in both the minister's mandate letter and the Speech from the Throne.

Bill C-48 would provide an unprecedented level of environmental protection for the northern coast of British Columbia and the adjoining Great Bear Rainforest, one of the most pristine and unspoiled places left in Canada, and indeed the world. The Great Bear Rainforest represents approximately one-quarter of the world's remaining temperate rainforest. It is an extraordinarily rich and productive ecosystem that is often described as one of the lungs of the world because of its high oxygen production. The forest is largely intact due to special measures taken by both the federal and provincial governments over many years and by the relentless efforts of local people, including indigenous communities, to protect this extremely valuable ecosystem.

Bill C-48 would be complementary to these efforts, as well as the long-standing and well-respected voluntary tanker exclusion zone agreement between Canada and the United States that keeps Alaskan tankers like the Exxon Valdez far from our coast. Bill C-48 would effectively formalize into legislation a long-standing federal policy dating back to at least the 1970s not to allow large tanker traffic off of the northern coast of British Columbia. In fact, on my first trip to Haidi Gwaii, as the parliamentary secretary to the minister of fisheries and oceans at the time, I procured three posters that were used as fundraisers to campaign for this initial tanker ban in the 1970s, one of which is hanging in my constituency office in Burnaby.

Speaking to local residents, they are concerned about their environment and their way of life. A 2012 study reviewing offshore oil and gas development in British Columbia estimates the total annual benefits of marine-dependent activities in the traditional territories of coastal first nations at more than $30 billion. Unlike other regions in Canada, this policy legacy ensures that there is no existing tanker traffic near this coast. This means that formalizing the moratorium will not disrupt any current jobs or economic activity in the region. In fact, it would help protect existing industries, including fisheries, aquaculture and ecotourism.

Bill C-48 would continue to allow for the shipment of non-persistent oils. What this means is that communities along the north coast of British Columbia would continue to be open to economic development opportunities, including the recently announced $40-billion infrastructure project in Kitimat, B.C. Bill C-48 would not affect the estimated 10,000 jobs that are attached to that particular project. Very importantly, Bill C-48 would help to preserve the cultural and spiritual way of life of coastal first nations. As such, it is part of the Government of Canada's larger commitment to reconciliation with indigenous peoples. As we know, this is something that our government and our Prime Minister consider to be of the highest priority.

Members will recall that Bill C-48 was debated and studied in the House in 2017 and 2018. It was ultimately passed by the elected members of the House of Commons in May 2018, by a vote of 204 to 85. With the support of the Liberal Party of Canada, the NDP, the Green Party and the Groupe parlementaire du Parti québécois, only the Conservatives voted against it.

I would like to take a moment to thank the member for Skeena—Bulkley Valley, whose riding largely overlaps with the proposed moratorium zone and who has been a long-time advocate of formalizing the tanker ban into legislation. Along with our colleague from Vancouver Quadra, he has introduced private member's bills in previous Parliaments proposing a tanker ban, albeit through a different mechanism. He has been working with our government to secure support for this important bill in the other place, and his co-operation is greatly appreciated.

This bill was referred to the other place on May 9, 2018, and has been studied and debated there until just last week, more than a year before it was passed with an amendment and sent back to this chamber. I am grateful for the work undertaken in the other chamber, particularly during report stage and third reading. If colleagues have not had an opportunity to read or listen to some of these debates, I would encourage them to do so. They will be impressed by the high level and seriousness of the debate. Those debates ultimately led to the amendment that is before us today.

The Senate is proposing to modify Bill C-48 in a number of ways, most substantively by requiring a two-stage review. First would be a regional assessment that would be led by the Minister of Environment under authorities that would be established once Bill C-69 came into force.

The Minister of Environment would be required to invite the provincial governments of British Columbia, Alberta and Saskatchewan, as well as indigenous communities in the moratorium area, to enter into an agreement or arrangement respecting the joint establishment of a committee to conduct the regional assessment and the manner in which the assessment is to be carried out. This body would then have up to four years after coming into force to complete the report.

This would then feed into the second stage, a parliamentary review, which would take place five years after coming into force, and which would consider evidence gathered by the regional assessment and conduct further study and hearings before presenting its report to Parliament.

Let me begin by first stating we acknowledge that this is a thoughtful, creative and substantive amendment. We also recognize that the Senate's amendment, including the regional assessment component, is a well-intentioned and honourable attempt to find a compromise between supporters and opponents of the moratorium, as well as an attempt to depoliticize what has turned into a very contentious debate on this bill by requiring a more technical, evidence-based study.

In terms of the government's response, we support the Senate's call for a parliamentary review of Bill C-48 after five years. During report stage debate in the other place, Senator Sinclair remarked:

I too have concerns about the bill because it does constitute what appears to be an absolute ban on tanker traffic in an area, for good reason that might be applicable today, but I’m not so sure it will be applicable in the future.

He went on to state:

When it comes to how we can improve the bill, one of the options I want to talk to the chamber about is whether we might consider allowing for communities to change their minds at some point in the future and if they all agree that the ban should be lifted, then we would allow the bill to say so.

A parliamentary review after five years would allow such a conversation to take place. Committees could look at scientific evidence and new developments, hold meetings outside of Ottawa and provide an opportunity for all interested indigenous communities, provinces and other stakeholders to express their views.

However, for a number of reasons, we respectfully disagree with the Senate's recommendation to undertake a regional assessment. First, we feel this is unnecessary, given the requirement for a parliamentary review, as I just discussed. Secondly, there is consultation fatigue, particularly among communities living in northern B.C. and with coastal first nations, after many years of reviews and studies.

A non-comprehensive list of these reviews include the Senate transport committee study of Bill C-48 in 2019, Transport Canada consultations with communities and stakeholders held in 2016 and 2017 prior to the introduction of Bill C-48, the Canadian environmental assessment and National Energy Board review panel of Enbridge's northern gateway pipeline proposal held between 2010 and 2012, the Natural Resources Canada “Public Review Panel on the Government of Canada Moratorium on Offshore Oil and Gas Activities in the Queen Charlotte Region British Columbia” in 2004, the B.C. scientific review of offshore oil and gas moratorium in 2002, the joint Canada-B.C. “West Coast Offshore Exploration Environmental Assessment Panel” in 1986, the federal West Coast Oil Ports Inquiry in 1977 and last, but not least, the House of Commons special committee on environmental pollution in 1970-1971. I was almost tired going through the whole list, never mind the actual reports themselves.

It is important to note that many of the reviews I mentioned were led by regulators and bureaucrats, not politicians. They looked in detail at scientific evidence in a more technical way than parliamentary committees typically do. However, none of them led to a resolution of the fundamental political disagreements over this issue. At the end of the day, many of the scientific questions about whether or not it is safe or advisable to move crude oil in tankers off this particular coast are endlessly debatable. There is no reason to believe that yet another lengthy and expensive study would bridge these differences of opinion, especially one starting so soon after the coming into force of Bill C-48.

To be clear, the amendment proposes to start yet another review only 180 days after Bill C-48 comes into force. At some point, a decision needs to be taken based on the best evidence available and using the best judgment of parliamentarians about what is fair and reasonable, taking into account the wider Government of Canada approach on energy and the environment and on reconciliation with first nations.

Furthermore, there is, in our view, a need for a cooling-off period and a break to allow passions to settle and to take a breath. Coastal first nations have been fighting for a bill like this for almost 50 years. They deserve a break and some peace of mind.

Finally, the proposed approach would result in a lack of clarity over whether the authority provided to the Minister of Environment in Bill C-48 would be inconsistent or in conflict with the authority provided to the Minister of Environment in Bill C-69.

For all of these reasons, the government is proposing to accept the Senate amendment but in a modified form. We accept the adding of a parliamentary review in five years would come into force, but respectfully disagree with the requirement to hold a regional assessment. We feel this is a fair compromise with our colleagues in the other place and will allow them to achieve much, if not all, of what they intended, namely an opportunity to re-evaluate the law after a number of years.

Turning back to the bill itself, much of the debate on Bill C-48 so far has revolved around the question of why legislation is being proposed that effectively bans oil tankers from operating off the coast of northern British Columbia and not elsewhere in the country. Critics of the bill contend that this is arbitrary and unjustified, but I would argue that nothing could be further from the truth.

As the Minister of Transport explained when he appeared before the Senate transport committee, there are a number of factors that, when combined together, account for the uniqueness of the situation in northern British Columbia and the need for special measures to protect it.

The most obvious unique attribute of British Columbia's pristine north coast is the ecological significance of the area. The coastline runs along one of the last temperate rainforests left in the world and, even more rare, one of the very few to remain largely intact. These kinds of forests are unusually productive and support an extraordinarily rich web of biodiversity. The interface between the marine, coastal and terrestrial environments in this part of B.C. is seamless.

The Senate transport committee heard from experts who testified both to the unusually pristine nature of this ecosystem and to its vulnerability to the effects of a major oil spill. Canada has a kind of jewel in the Great Bear Rainforest which needs to be treasured and preserved for future generations. This is a responsibility we owe not only to ourselves but to the world. The precautionary principle, a principle I debated often within my previous role in fisheries and oceans, is fully justified in this case.

A second distinguishing factor is the long-standing policy legacy, at both the federal and provincial levels, of extending special protections to this part of the country. In essence, Bill C-48 would simply formalize an already well-established policy of barring oil tankers from this coast. As such, it would not be disruptive to any existing industries or employment, very much unlike the case if we were to propose such a moratorium off the coast of Newfoundland or Nova Scotia, or for the St. Lawrence for example.

A third factor that differentiates the northern coast of British Columbia is its shear size and remoteness and the navigational hazards of operating in these waters.

Environment Canada classifies the Hecate Strait as the fourth most dangerous body of water in the world for shipping. Winds of 100 kilometres per hour and waves between eight and 10 metres are not uncommon in both the Hecate Strait and the Dixon Entrance. These combine to make spill response more challenging than in more populated, built-up areas like the south coast, the St. Lawrence or the east coast. Although our government is dramatically boosting our capacity to respond to accidents through our $1.5 billion oceans protection plan, resources cannot be unlimited. It will continue to be the case that northern B.C. will present special challenges, particularly during bad weather which is common on these seas.

Last, Bill C-48 is responding to a more than 40-year campaign by local people, and especially indigenous communities, who live along the coast to formalize the moratorium banning oil tankers. While it is true that opinion among indigenous communities is not universal, a clear majority of these communities that are situated in the proposed moratorium area want to pass this law. Most important, the communities that would be most vulnerable to the impacts of an oil spill, such as the Haida and the Heiltsuk, have campaigned persistently for this bill. As such, it is part of our government's larger commitment to reconciliation with the first nations.

While I am sympathetic to the voices of indigenous groups further inland, which might like to participate in the economic benefits of a future, yet highly notional, pipeline that would go to the northern coast of B.C., I cannot disregard what a major oil spill would mean economically, culturally and spiritually to those who would bear the brunt of its effects. They deserve the peace of mind that Bill C-48 would bring them.

I note as well that coastal first nations have been joined by their neighbours in communities such as the city of Prince Rupert, the village of Queen Charlotte, the district of Kitimat, the city of Terrace, the town of Smithers, and the Skeena-Queen Charlotte regional district, which have all passed resolutions or written letters in support of the moratorium. There is also support by the Province of British Columbia.

In the short time that I have been in the House, I have had the opportunity to work on the government's $1.5 billion oceans protection plan, revisions to the Oceans Act in Bill C-55, restoring protections and introducing modern safeguards to the Fisheries Act via Bill C-68 and working to restore our whale population with our $167 million action plan.

We have expanded our marine protected areas from less than 1% under the previous government to over 8%. At the same time, we have reduced unemployment to historic lows, lifted 825,000 Canadians from poverty and Canadians have created more than a million new jobs.

It is the responsibility of any government to work hard to protect and restore the environment while growing the economy and creating more opportunities for Canadians. To do this successfully, we must balance competing demands and constraints, and I believe Bill C-48 would help us accomplish this balance.

I would like to quote a colleague from the other place, Senator Harder, who recently remarked:

...I hope that, one day, the people of the coast will tell the story of when their grandparents came to Ottawa to pass Bill C-48. I hope [we]...tell the story of how Canadians worked together to save the environment at this testing time.

It is time this bill was passed. I hope our colleagues in the other place will join our government in at long last making this a reality.

Fisheries ActGovernment Orders

June 14th, 2019 / 1:15 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

Pursuant to order made Thursday, June 13, 2019, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the consideration of the Senate amendments to Bill C-68 now before the House.

The question is on the amendment.

Shall I dispense?

Fisheries ActGovernment Orders

June 14th, 2019 / 1:05 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, I rise today to speak on the Senate amendments to Bill C-68, an act to amend the Fisheries Act, a terribly flawed piece of legislation that erodes the rights of Canadians.

I wish to acknowledge and thank, on behalf of all Canadians, the research team of the Ontario Landowners Association for the work done by the group on Bill C-68, particularly Elizabeth Marshall and Tom Black. The report they prepared but were not able to present to the Standing Senate Committee on Fisheries and Oceans has been highly informative. Canadians will understand, after my remarks are finished, that when we are working with bad legislation, all the tinkering in the world will not fix the wrong assumptions that are at the heart of this bill.

The Liberal Party is attempting to violate the Constitution by artificially extending its jurisdiction in contradiction to its constitutional limits. It is also trying to do indirectly what it cannot do directly, which has been struck down in the Canadian courts. The federal government does not have the constitutional jurisdiction to expand environmental protection through the Fisheries Act, as this is in violation of provincial jurisdiction, as well as in violation of private rights established under common law, the Constitution Act, 1867, and the letters patent / Crown grant.

Though many laws regulate water and water use, the Fisheries Act remains the only legislation that directly addresses the protection and conservation of fish and fish habitat. Enacted in 1868, the act is one of Canada's oldest pieces of legislation. In 2012, the Fisheries Act was significantly amended.

I am now going to turn to the Senate testimony. We had the OPG, Ontario Power Generation, look at its generation portfolio on hydro power. It determined that it would take an up to 80% increase in instantaneous passage of flow as a principle for meeting the objectives of the new definition of “fish habitat”, and that it would no longer be peaking and holding back water or meeting grid demands, outside of the greenhouse gas emissions impact, which would bear out. That was very important.

The amendments of the Senate involved a move from protecting fish generally to focusing on only prohibiting serious harm to fish that were part of a commercial or aboriginal fishery. That is what the 2012 amendments did. These amendments were common sense in application and were done after listening and acting on the concerns of stakeholders.

The 2012 Conservative amendments respected the Canadian Constitution. It was my pleasure to recommend to the committee reviewing the Conservative amendments a witness to provide practical observations as to why the Fisheries Act needed to be amended.

Jack Maclaren is a multi-generational orchard farmer from my riding of Renfrew—Nipissing—Pembroke. Jack had the unfortunate experience of having a ditch, hand dug by his grandfather and great-grandfather to collect and direct water to their orchard, declared a navigable waterway after he started to clear a blocked culvert that was flooding the road to his farmhouse.

Needless to say, Jack and many other farmers just like him welcomed the Conservative common sense amendments passed by our government in 2012. The Liberal Party, under the guise of protection of so-called “fish habitat” in unlikely places like Jack's ditch, is actually looking to use the Fisheries Act as environmental legislation, when the federal government has already protections established under the Canada Shipping Act and the Canadian Environmental Protection Act.

What really caught my attention on Bill C-68 was the addition in committee of a new concept in Canadian law, the concept of water flow or, as it is referred to in other documents, environmental flow. It was added in subsection 2(2) to amend the act.

Water flow is a hot topic in my riding of Renfrew—Nipissing—Pembroke. The spring of 2019 now has the dubious distinction of being the worst in recent memory for flooding along the Ottawa River. My constituents are skeptical when the Prime Minister and the member from Ottawa blame every significant weather event on climate change.

They do not believe the Liberal Party leader when he claims a new tax on Canadians, the Liberal carbon tax, will stop the Ottawa River from flooding. The residents of the Ottawa Valley have a suspicion that recent flooding has been caused by either government policy or human error, or some combination of both. They want answers.

The question now being asked is whether the federal government caused the flooding. Were the dam operators instructed to hold back water when they should have been releasing water to meet the federal government's new definitions of fish habitat? These are questions my constituents feel can only be answered by an independent inquiry, an external review.

Expert testimony before the standing committee, which I referred to before, certainly seemed to confirm that the Government of Canada was planning to make flooding on the Ottawa River an annual occurrence, judging by the question asked by a senator to a representative of Ontario Power Generation, which operates the dams on the river. The expert said:

When OPG, Ontario Power Generation, looked at our generation portfolio on hydro power, we determined that we would take an 80 per cent instantaneous passage of flow as a principle for meeting the objectives of the new definition of “fish habitat.” We would no longer be peaking and holding back water or meeting grid demands, outside of the greenhouse gas emissions impact which would bear out.... Everyone can remember the spring of 2017 in Ontario and the Ottawa Valley. We had a once in a generation flood event. We had the capacity to hold water on the watershed with our water management plans. We have detailed some impacts. One of the outcomes was that the city of Montreal would have been under a metre more of water if we had not had the ability to store water on the watershed because of flooding in the Great Lakes.

The first thing that jumped out at me was the comment that Montreal would have been under an additional metre of water had Bill C-68, as it was voted on and passed in the House of Commons by the Liberal Party, been enacted.

The next thing that jumped out while listening to the expert testimony given to that Senate committee on the decision by the Liberal Party to bring forward legislation like Bill C-68 was the limitations that would be placed on one of the cleanest, most renewable and most reliable sources of electricity. It produces almost no greenhouse gases. Canadian hydroelectricity is the envy of the world. Why would Canadians want to throw away that advantage?

A representative from Quebec, who is the president of WaterPower Canada, an organization that represents more than 60% of all electricity produced in Canada, stated:

If Bill C-68 is passed in its current form, its impact on our industry’s ability to operate its current stations and build new ones will be catastrophic.

This led me to do some research on who was lobbying for proposed subsection 2 (2) in Bill C-68, and I then discovered that the controversial clause added during committee was proposed by the Green Party. It was then supported by the Liberal majority to be included in the legislation.

Why was the Liberal Party on the House of Commons committee voting in favour of an amendment put forward by the Green Party that would be so disastrous for Canada? Is the Liberal Party really that afraid of losing votes to the Green Party that it would shift that far left?

I was then introduced to the name of a lobbyist who was on the payroll of the controversial Tides foundation. These foundations are recognized as threats to Canadian democracy. The Tides foundation is a foreign-funded organization that has been identified, among other activities, as funding a campaign to block Canadian pipelines.

Canadians lost $20 billion last year by being held a captive seller to American big oil interests. Tides Canada's American parent foundation, the Tides foundation, from which it receives funding, has been funding dam busting in the western United States, so it is no surprise that the U.S. foundation would fund similar activities in Canada.

Registered as a lobbyist for Tides Canada, Tony Maas could count on some powerful friends in the Liberal Party, starting with the now disgraced former principal secretary to the Prime Minister, Gerald Butts. Tony Maas worked for Gerald Butts when Butts was at the World Wildlife Fund. With the puppet master on his side, Maas figured he could get anything he wanted.

Maas had moved from the World Wildlife Fund to run a project funded by Tides Canada on water. In that capacity, the decision was made to use the Liberal campaign promise to make amendments to the Fisheries Act to move forward with a radical agenda on water by introducing a totally new concept in Canadian law on water flow. This was done by avoiding fisheries departmental scrutiny when Bill C-68 was first introduced to the House of Commons and waiting until committee, after second reading, to inject proposed subsection 2(2) into the bill. By doing this, checks and balances that normally occur in a department before legislation is introduced could be avoided.

The concept of water flows, or environmental flows, comes from the 2007 globalist document the Brisbane declaration. Like many globalist documents, the words written do not match with reality. While it is next to impossible to build any new hydroelectric power dams, as identified by the president of WaterPower Canada, the declaration envisages the eventual removal of existing dams in favour of flood plain restoration and the return of free-flowing rivers.

Fisheries ActGovernment Orders

June 14th, 2019 / 12:45 p.m.
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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Mr. Speaker, I that we all want to see healthy fish stocks, prosperous fisheries and a thriving economy, and I believe all those are possible at the same time. We can achieve that by using Canadian technology, Canadian ingenuity and Canadian investment. We can do all that and rebuild our declining fish stocks.

We have national conservation organizations, like Ducks Unlimited, the Canadian Wildlife Federation, local fishing game clubs and stream keeper organizations ready to create and improve fish habitat. Using Canadian technology, Canadian ingenuity and Canadian investment in proactive ways that would actually see fish habitat increased and improved in advance of projects would ensure prosperous fisheries and a thriving economy. This could all be made possible under the third-party habitat banking amendments being put forward by the Senate.

Before the Senate had even voted on sending these amendments to Bill C-68 back to this House of Parliament, the fisheries minister basically gave a directive to the Standing Committee on Fisheries and Oceans, FOPO, to do a study on third-party habitat banking. Imagine that. I say it was a directive, because although the parliamentary committees are supposed to be free to set their own agenda, that committee has a majority of Liberal members who would dare not deny a request from their own minister.

Therefore, on June 10, as a directive from the fisheries minister, we began a study of third-party habitat banking. Also on June 10, we finished a study on third-party habitat banking. We started and finished in one day, in two hours. It was an abomination of a study, with no mention of a report back to the minister and no report to the House of Commons. It was of almost of no use at all other than perhaps being able to say “we consulted”, part of the fake consultation I have seen with the government time and again over the past three and a half years.

However, I say almost nothing out of that study, except what we heard from witnesses that day. They spoke about third-party habitat banking, saying that it would be a good thing to incorporate, that the difficult details around third-party habitat banking could be worked out through the regulations and orders in council. The regulations need not be fully ironed out in order for Bill C-68 to be amended and passed. We also heard testimony from multiple witnesses that third-party habitat banking could create net gains to habitat. Imagine, conservation organizations and local angling clubs being able to work proactively to create an enhanced fish habitat.

It should be the dream and goal of any fisheries minister to increase and improve fisheries habitat. However, as we have seen so many times over the past three and a half years, Liberal fisheries ministers fail to do what is right and instead give deals to their buddies and relatives, getting caught up in scandal. They fail to deliver and fund restoring fish stocks.

We also heard in testimony during that short “but we can say we consulted” meeting on June 10, that during the Senate study of Bill C-68, the only witnesses who spoke against third-party habitat banking were the minister and DFO staff, undoubtedly under the direction of the fisheries minister.

Why would every other witness support third-party habitat banking and the minister's department oppose it? Why would a minister not want to see net gains to fish habitat? Why would a minister ignore and cast aside testimony, ideas and proposals that would be good for fish, fisheries and the economy?

I can only surmise that it is because the fisheries minister, like his Liberal predecessors, are out of touch with Canadian fisheries and the Canadian way.

I also want to point out the fake and disingenuous consultations by the former fisheries minister from Beauséjour undertaken during his tenure. I do wish to send best wishes to the former fisheries minister regarding his health.

While he was minister, the Standing Committee on Fisheries and Oceans, FOPO, undertook a study on changes to the Fisheries Act. While that study was on the book, three different news releases went out on the consultation process, three conflicting news releases under that minister's watch.

The first one, on October 16, 2016, stated that all briefs received during the consultations would be provided to the committee for its study. The next one, on November 16, 2016, again stated the feedback heard would be shared with the committee for its study. However, that feedback never reached the committee in time.

After multiple requests from indigenous groups and committee members to extend the timeline of the study, the Liberal members refused to extend that time so we could incorporate the briefs solicited and paid for with taxpayer dollars.

In the end, over $2 million was spent for indigenous groups to provide briefs to the committee for study. Over $1.2 million of those briefs for consultation and input for the review were not received before the Liberals closed off the study. Those taxpayer dollars were not received by the committee in time for the study. Imagine what $1.2 million could have done for fish habitat in the hands of conservation groups and organizations.

I can imagine that because my background is in conservation. My first interest in this was with fish and game clubs, putting boots on and getting in the streams creating spawning habitat. What our clubs could have done with $1.2 million, which the Liberal government wasted because it could not get that information to the committee on time.

Now here we are up against time. The government has called time allocation on debate on these Senate amendments after minimum time back in the House. It has taken the government three and a half years to get the bill this far and it is still not right.

Dozens of amendments came from the Senate on Bill C-68, most of them tossed aside by the Liberal government, amendments that really could make a difference in the streams, creating more fish habitat, creating more fish, creating more opportunities for fishermen and creating a strong and vibrant economy.

It is really disappointing to have debate cut short. Ten minutes for me to speak to this is really less than half the time I would have liked in a full speaking time of 20 minutes.

I have talked about how the FOPO study was denied extensions. We have talked about briefs being received after the report deadline. We have heard testimony many times that there was no proof of any harm to fish habitat from the 2012 changes to the Fisheries Act.

One of the first things I did in this parliamentary session was to put in an Order Paper question asking for any proof of harm or loss of habitat as a result of the 2012 changes to the Fisheries Act. More than three years later, not one piece of evidence has been provided. Therefore, the fisheries minister and the current government are being deceitful, if I can use that word, to the Canadian public and this Parliament. I have lost respect for them because of that.

I thank the House for the time to be able to discuss these amendments, and I will welcome questions.

Fisheries ActGovernment Orders

June 14th, 2019 / 12:30 p.m.
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Liberal

Dan Ruimy Liberal Pitt Meadows—Maple Ridge, BC

Mr. Speaker, I am happy to speak today to the message from the Senate regarding Bill C-68, an act to amend the Fisheries Act and to make consequential amendments to other acts. Once enacted, this bill will repeal the changes that the former Conservative government implemented when it gutted the Fisheries Act in 2012, and restore lost protections.

I would like to thank the Senate for its work on this bill, as well as the Minister of Fisheries, Oceans and the Canadian Coast Guard, who is continuing the great work of the Minister of Intergovernmental and Northern Affairs, who first introduced this bill when he was at Fisheries. Of course, we hope for his quick recovery.

I will be splitting my time with the member for North Okanagan—Shuswap.

Since I was elected, I heard this message loud and clear. As a new MP, the challenge to find sustainable solutions was daunting. After much consultation, I zeroed in on what I felt should be the starting point, the Fisheries Act, which, as I had been told by the people I work with, had been gutted over the years so that fish and fish habitat no longer had the strong protections that were once there.

For two and a half years, I worked with groups such as the Alouette River Management Society, the Kanaka Education and Environmental Partnership Society, the Katzie and Kwantlen first nations, streamkeepers, the cities of Pitt Meadows and Maple Ridge, as well as people like Julie Porter, Ken Stewart, Jack Emberly, Greta, Cheryl, Lina, Sophie, Ross, Doug, and the list goes on.

These are not political or partisan people; they are folks who care deeply about their community. They all helped me to better understand the importance of these changes, and I thank them very much. Together, over the course of two years, we identified and discussed key pieces of legislation in the Fisheries Act that could be improved. I submitted my report to the Minister of Fisheries, Oceans and the Canadian Coast Guard, with recommendations on how we can further strengthen the Fisheries Act and restore some of the lost protections, and here we are today.

I would like to speak to the specific changes we are seeking through the motion. We will be accepting a majority of the amendments made by the Senate, including many that were moved by the government through Senator Harder, and we will be respectfully rejecting just three amendments.

The first amendment we are rejecting is an amendment that was made to the definition of fish habitat by Senator Poirier. In her amendment, the senator reduced the scope for the application of fish and fish habitat provisions by deleting “water frequented by fish” from the definition of fish habitat. By narrowing the scope of fish habitat, this amendment goes against the very objective of this bill to provide increased protections.

We are also amending an amendment by Senator Christmas so that the language used in relation to section 35 and aboriginal treaty rights is consistent with the rest of the bill. On this amendment, the minister has received support from Senator Christmas.

The other amendments we will be rejecting were made by Senator Wells, regarding habitat banking and collecting fees in lieu of offsets. These amendments were initially proposed by the Canadian Wildlife Federation, which has since written a letter to support the removal of the amendments, as significant consultations are required and it would be premature at this time to include the amendments.

This motion takes full consideration of the amendments made by the Senate, and I hope all members can join us in passing the bill.

Bill C-68 has many important components that Canadians across the country support. I would like to speak about the fish stocks provisions proposed in Bill C-68, which are aimed at strengthening Canada's fisheries management framework and rebuilding depleted stocks.

The fish stocks provisions would introduce legally binding commitments to implement measures to, first, manage our major fish stocks at or above levels necessary to promote their sustainability and, second, to develop and implement a rebuilding plan for a major fish stock if it becomes depleted. Maintaining stocks at healthy levels and rebuilding depleted stocks are essential to the long-term economic viability of our fishing communities and the health of our oceans.

That is why, in the fall economic statement, the Government of Canada announced an investment of $107.4 million over five years, starting this fiscal year, as well as $17.6 million per year ongoing to support the implementation of the fish stocks provisions.

This new funding will help accelerate the implementation of the fish stocks provisions for the major fish stocks in Canada. As many members are aware, a number of important fish stocks in Canadian waters have shown significant declines over the past couple of decades and some more recently. This new investment will enable the Department of Fisheries and Oceans to implement these strong legislative tools for all key stocks.

As robust science is the bedrock of our fishery management system, the largest share of the investment will go to science activities. We will make targeted investments to increase the number of at-sea science surveys, so we can better and more frequently assess the state of our fish stocks across a broad range of major fish stocks and marine areas.

As well, we will hire additional fisheries scientists to carry out these new survey activities, analyze the data from these at-sea surveys and prepare science advice for our fisheries managers through our world-class peer review process. As a result, we will be more effective at detecting changes in the health of fish stocks and provide more robust science advice to manage these stocks to achieve sustainability goals. We will also be able to develop a better understanding of the threats facing our depleted fish stocks, which will allow us to take a targeted approach in our rebuilding efforts.

This funding will enable external groups, including indigenous groups, academics, industry and non-government organizations, to participate in fisheries data collection and the scientific assessment of Canada's major fish stocks. Additional support will be provided to establish and enhance existing partnerships and help develop scientific and technical capacity within these external groups.

With this funding we will also make investments to increase the capacity in fisheries management to develop precautionary approach management measures and rebuilding plans to meet the fish stocks provisions in collaboration with indigenous groups and stakeholders. It will also enhance our capacity to carry out socio-economic analyses to better understand the potential impacts of proposed management measures and the costs and benefits of different management options that are aimed at rebuilding fish stocks.

Over the next five years, the government has committed to making the majority of the 181 major fish stocks subject to the fish stocks provisions. Canadians have told us that sustainable fisheries are a priority, and we agree. This investment is essential in order to prescribe the major stocks as quickly as possible to the protections offered by the fish stock provisions.

We are also developing a regulation to set out the required contents of rebuilding plans so that all the plans are comprehensive and consistent. Under the proposed regulation, a rebuilding plan must be developed and implemented within two years of the stock becoming depleted.

Our government believes it is our collective responsibility to exercise our stewardship of Canada's fisheries and their habitat in a practical, reasonable and sustainable manner. The proposed fish stocks provisions and other measures in the amended Fisheries Act restore protections for fish and fish habitat, and introduce modern safeguards while facilitating sustainable economic growth, job creation and resource development.

With these stronger legislative tools to help keep our fish stocks healthy, and the funding to support their implementation, Canada's seafood sector, which employs over 76,000 people and contributed a landed value of $3.4 billion in 2017, will have a brighter future.

It is no doubt that this bill will implement changes that Canadians have long been waiting for. These amendments will restore lost protections and ensure that our fisheries are sustainable for future generations. The Senate made a number of amendments, and while we cannot support all of them, I believe we have put forth a reasonable motion that I hope all members can support.

The House resumed consideration of the motion in relation to the amendments made by the Senate to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, and of the amendment.

Fisheries ActGovernment Orders

June 14th, 2019 / 10:45 a.m.
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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, it is an honour to speak to Bill C-68, an act to amend the Fisheries Act and other acts in consequence. Today, we are debating the Senate amendments to the bill, as was just mentioned. I initially spoke to this bill at report stage almost exactly one year ago today. I will be covering some of the same ground as I did then, but today I want to spend a little more time speaking in general terms about fisheries conservation.

Although I grew up in the Okanagan Valley far from the coast, my family has a deep history in coastal fisheries. My mother's family, the Munns, once controlled the cod fishery of Labrador. My great-uncle William Azariah Munn was what one might call a cod liver oil baron. He was also an amateur fisheries biologist and historian. W.A. Munn not only researched the Viking sagas but was the first to suggest that Vineland was located on the northern peninsula of Newfoundland, which was subsequently vindicated by the findings at L'Anse aux Meadows. He wrote the first detailed account of the annual migration of codfish in the Newfoundland waters in 1922. I found that out when I was reading the assessment report on northern cod when it was declared endangered. It was cited in the report.

I will mention in passing that I am wearing my Memorial University tie this morning to honour that part of my heritage and history. I thank Bill Kavanagh for that.

Although I grew up in the interior, like most kids of that era, I grew up fishing, in my case, catching small rainbow trout in a small creek near our house. I knew the importance of cool waters and deep pools in a stream shaded from the summer sun, good fish habitat in my part of the country.

The Fisheries Act has long been the strongest piece of legislation that protected habitat, terrestrial or aquatic, in Canada. I used to be a biologist in my past life. I spent a lot of time working on ecosystem health, endangered species recovery and time and again my colleagues would point out that the only legislation, federal or provincial, that effectively protected habitat outside parks was the federal Fisheries Act. This habitat protection was at the core of earlier versions of the Fisheries Act. Conservatives took out that protection in 2012 with Bill C-38, one of their omnibus budget bills.

The action resulted in a public outcry. Four former fisheries ministers, including one of my constituents, Tom Siddon, wrote an open letter to the government urging it to keep habitat protections in the act. I saw Tom last weekend at an event in my riding and I am happy to say that he is still standing up for the environment.

This act still is deficient in a few ways regarding habitat. For instance, while it talks about water in the rivers and lakes as fish habitat, it does not discuss the amount of that water, the flow. That is clearly a problem as water is obviously the most important ingredient in fish habitat. Those deep, cool pools I fished in are becoming shallower and warmer. Bill C-68 would empower the fisheries and oceans minister to make management orders prohibiting or limiting fishing to address a threat to the conservation and protection of fish. I am fully in favour of that power, but I wonder how often it would be used despite the fact that it would likely be recommended on a regular basis by scientists.

Fish are consistently treated differently from terrestrial species in conservation actions. As an example, of all the fish species assessed as threatened or endangered in recent years by the Committee on the Status of Endangered Wildlife in Canada, less than half have been placed on the Species at Risk Act schedules. A bird or mammal in trouble is generally added to those schedules as a matter of course, but fish are out of luck. This attitude must change.

I am happy to see the Senate amendment that includes shark-finning laws proposed by my colleague from Port Moody—Coquitlam over the years and Senator Mike MacDonald in the other place. I am very happy to see those private members' bills rolled into this new act in the Senate amendments.

I am also happy to see there is a provision in this act that would give the DFO more resources for enforcement. I hope that some of these resources can be used to rebuild the DFO staff that used to be found throughout the interior of B.C. to promote fish habitat restoration, rebuild fish stocks and watch what is happening on the ground. There are no DFO staff left at all in my riding in the Okanagan and Kootenay regions, despite the fact that there are numerous aquatic stewardship societies across the riding that used to have a great relationship with the DFO. Volunteer groups that are devoted to aquatic habitats in the Arrow Lakes, the Slocan Valley, Christina Lake, the Kettle River watershed, Osoyoos Lake and Vaseux Lake could all benefit through a renewal of those staffing levels.

I would like to close with a good news story that shows what can happen when Canadians take fish conservation into their own hands, identify problems and solutions and then work hard to make good things happen. That is the story of restoring salmon populations in the Okanagan. This story involves many players from both the United States and Canada but it is mainly a story of the Syilx people, the indigenous peoples of the Okanagan, who came together to bring salmon back to the valley.

Salmon, n’titxw, is one of the four food chiefs of the Syilx and central to their culture and trade traditions. In fact, that is true for many other first nations in the B.C. interior and Yukon, indigenous communities hundreds or thousands of kilometres from the ocean that rely on salmon, that have always relied on salmon and whose cultures are inextricably tied to salmon.

When I was a kid in the Okanagan, very few salmon came up the river from the Pacific. The Okanagan is part of the Columbia system, and those fish had to climb over 11 dams to get to the Okanagan River and back to their spawning grounds. Most of the Columbia salmon runs died out after huge dams like Grand Coulee and Chief Joseph were built and blocked its free flow. The Okanagan flows into the Columbia below Grand Coulee, so a handful of sockeye came back to the Okanagan every year.

However, after years of work by the Okanagan Nation Alliance and other groups, we often see runs of over 100,000 fish, occasionally 400,000 or more. The Okanagan River is once again red with sockeye in the autumn. In most years there is a successful sports fishery for sockeye in Osoyoos Lake.

The ONA has spearheaded significant restoration projects on the Okanagan River, restoring natural flows to small parts of the river and creating ideal spawning beds in others. They organize cultural ceremonies and salmon feasts that bring the broader communities together to celebrate the cycle of the salmon.

The ONA has grown to be one of the largest inland fisheries organizations in Canada with 45 full-time staff. Compare that to zero for the DFO in my area. It has its own state-of-the-art hatchery and fish virology lab.

To make a difference, to change our country and our communities for the better, we must have a vision for a better future. The Syilx vision includes healthy lakes and rivers filled with salmon, salmon that enrich the entire ecosystem and enrich the lives of everyone in the region. I share that vision. The vision includes restoring salmon not just to the entire Okanagan system, but to the upper Columbia River as well, reviving the salmon culture in the Kootenays.

That small creek I used to fish in as a kid now has more than rainbow trout. Every year a few chinook salmon, the big guys, make it into that creek after their epic trip up from the Pacific. That is beyond my wildest dreams.

If we take care of our lakes, our rivers and even the smallest creeks, we can keep this country healthy and beautiful. As the Syilx Okanagan song says, “We are beautiful because our land is beautiful.”

The bill before us could have been bolder and more effective, but it is a chance to take a small step towards that end, towards that vision.