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

Oceans ActGovernment Orders

March 26th, 2018 / 5:20 p.m.
See context

Liberal

Terry Beech Liberal Burnaby North—Seymour, BC

Mr. Speaker, I would like to start by addressing the statement that we misrepresented the actual progress that has been made with regard to marine protected areas. Up until the last election, less than 1% of our oceans and marine ways were protected, despite the fact that we are five years into a 10-year commitment to get to a protection level of 10%. Our government has doubled down our efforts and now has reached a point of 7.75% protection, representing hundreds of thousands of square kilometres of new protection, which I know for a fact Canadians are proud of.

Also with regard to transparency, what we will see, not just in the changes to the Oceans Act in Bill C-55 but also in the changes in Bill C-68 to the Fisheries Act, and Bill C-69, is that our government is sticking to and increasing our commitment to provide transparency. In the Fisheries Act, for example, a registry is being created. This is to make sure Canadians have all the tools they need to understand what the government is doing so that they can hold us to account. It is also to make sure people who are doing projects, whether big or small, have certainty around timelines and the like. That is the kind of transparent work that our government continues to do on these important bills.

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

March 26th, 2018 / 4:15 p.m.
See context

Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Mr. Speaker, we certainly recognize the importance of consultation with indigenous nations as we develop amendments to something as important to these communities, and to the people in these indigenous nations, as the Fisheries Act.

Two weeks ago, in my hon. colleague's province of British Columbia, I had the opportunity to meet with representatives of four of those indigenous nations. I am proud that over 200 indigenous groups submitted suggestions and ideas for amendments to the Fisheries Act during the consultative process our department undertook.

Some of the essential elements of Bill C-68 are deliberately designed to enhance that nation-to-nation partnership with indigenous people. For example, we are proposing new provisions in the Fisheries Act that would require the minister to consider adverse effects that decisions made under the act may have on the rights of the indigenous people of Canada. As affirmed by section 35, the minister would be obligated to consider, when making decisions related to fish habitat protection and pollution prevention, provisions in the act related to the traditional knowledge of the indigenous people of Canada. There are provisions to protect the confidentiality of the traditional knowledge provided to the government, except under very specific circumstances. There are provisions that would enable the minister to establish advisory panels, which would obviously include representatives of indigenous nations.

We think the legislation would modernize the nation-to-nation relationship our government is seeking to have with indigenous nations, which begins with the recognition of rights. That is something my colleagues, the Minister of Justice and the Minister of Crown-Indigenous Relations, have talked publicly and to the government about for many months. We think the legislation goes exactly in that direction.

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

March 26th, 2018 / 4:15 p.m.
See context

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, it is very rich that the minister stands here today and talks about our first nations. We just had an incredible ceremony for the Tsilhqot'in Nation in my riding. He talks about Bill C-68, his ministry, and how he and other ministers are willing to engage with first nations. The Liberals have a lawsuit with one of the largest first nations in the province of British Columbia, the Lax Kw'alaams, specifically over Bill C-68, and the other bill, Bill C-55, the lack of consultation, of listening, and the first nations assertion that the government is taking its direction from foreign ownership third party groups.

I want to offer the minister another chance to clarify his comments. We are standing today because the government is shutting down debate, not allowing the 338 members of Parliament from all sides to stand and voice their concerns for Bill C-68. Indeed, those who have some serious issues like the Lax Kw'alaams have now launched a lawsuit against the government.

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

March 26th, 2018 / 4:15 p.m.
See context

Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Mr. Speaker, my colleague referenced owner/operator. As I said in my response to my colleague from Avalon, this policy has been an essential part of the economic opportunities afforded to coastal communities on the east coast in Atlantic Canada and in Quebec. We have been encouraged by representatives of fish harvesters from all provinces on the east coast to strengthen these measures. I hope the amendments we propose in Bill C-68 are part of that work.

With respect to the west coast, I, too, like our colleague from British Columbia, have met with representatives of fish harvesters on the west coast, including indigenous communities. They have talked to me about the importance of them gaining greater ownership of the instruments that will allow them to be much more in control of the economic development of their communities. It is certainly true of indigenous nations, and they have different rights to access the fish than perhaps others

However, I would be wide open to having a conversation with my colleague from Port Moody—Coquitlam, but also other colleagues from British Columbia, including those in my own caucus, about how some of the benefits of this policy could be applied to British Columbia. I do not pretend that it is as simple as installing those provisions directly in the legislation, but he talked about a consultative process. The legislation is deliberately designed to be permissive so should British Columbia and the industry there want to look at this kind of legislative instrument, the provisions in the bill would be there, and we would look forward to those conversations.

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

March 26th, 2018 / 4 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I want to say on the record parenthetically that I find the use of time allocation, as happening almost on a daily basis these days, to be quite shocking. I know that when in opposition, the Liberal Party promised not to use time allocation. It seems things were so bad under the previous government that being less bad is good enough for the Liberals. I do not think that is good enough really. However, I cannot resist the opportunity to ask the Minister of Fisheries, Oceans and the Canadian Coast Guard a question about his quite excellent legislation.

I am glad Bill C-68 is before us. We need it desperately. However, is he open to an amendment on a particular section that I was pleased and surprised to see, which is the barring of taking cetaceans into captivity? Would the minister be open perhaps to adding language so the bill that is now stuck in the Senate, Bill S-203, could have key elements incorporated into Bill C-68, in other words not just capturing but keeping or importing?

Bill C-68—Time Allocation MotionFisheries ActGovernment Orders

March 26th, 2018 / 1:50 p.m.
See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

moved:

That, in relation to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill;

and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Business of the HouseOral Questions

March 22nd, 2018 / 3:10 p.m.
See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, as we all know, members are here to work on behalf of their constituents, and we will focus on the priorities that Canadians sent us here to focus on.

This afternoon, we will continue debate on the Conservative opposition motion. Tomorrow, we will begin debate at second reading stage of Bill C-71 on firearms. We will resume this debate next Monday and Tuesday.

Tuesday we will resume second reading debate of Bill C-68, the fisheries legislation. Also, following question period that day, we will deal with the ways and means motion on the budget tabled earlier this morning. Finally, on Thursday, we will commence report stage and third reading of Bill S-5, on vaping.

I would like to remind colleagues that we will have Friday sitting hours for Holy Thursday next week.

March 20th, 2018 / 3:50 p.m.
See context

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Minister, in those bills that were put forward in Parliament, Bill C-68 and Bill C-69, the language around free, prior, and informed consent was specifically not in there. This is language you're committing to that will be committed to in law. That would actually change even the work that's been done in Bill C-68 and Bill C-69. If you're committed to the implementation and putting that language in, why is that language of free, prior, and informed consent not in Bill C-68 and not in Bill C-69?

March 20th, 2018 / 8:45 a.m.
See context

Beauséjour New Brunswick

Liberal

Dominic LeBlanc LiberalMinister of Fisheries

Thank you, Mr. Chair. The pleasure is truly mine. I want to assure you of that.

I also want to join you, Chair, in saying how glad I am, Todd, to see you back in good health. I said to Todd that it's a hell of a way to lose weight. I thought your comments in the House of Commons yesterday, Todd, were very moving. It reminds us that we shouldn't wait for a difficult circumstance like that to befall a colleague and a friend to say and think those things. It's a chance for me to say publicly that I'm glad you're back and that you're healthy.

Mr. Chair, thank you for the invitation to, as you said, in very technical complicated terms, appear here on our departmental estimates.

As you can see, I am accompanied by the following members of DFO's senior management team and the Canadian Coast Guard: the deputy minister, Catherine Blewett, the commissioner of the Canadian Coast Guard, Jeffery Hutchinson, and the interim chief financial officer, Pablo Sobrino.

It's a pleasure to be here before your committee.

Allow me to take a quick moment to thank each and every one of you—the staff who work for our colleagues, members of Parliament, and also the committee staff—for what I think was terrific work done collectively on Bill C-55 on marine protection. I would note that a number of amendments in the end were incorporated in the legislation. I think it strengthened the bill, and I thank you for that important work.

I also want to thank you again, Mr. Chair, for the work you did in reviewing the 2012 changes to the Fisheries Act. Obviously, at the department we work closely with members of the committee, with provinces and territories, indigenous groups, and with industry stakeholders across the country to ensure that the concerns and points of view that were expressed were taken into account as we drafted our amendments to the Fisheries Act. Many of our proposed changes or amendments in Bill C-68 are obviously inspired by the study, Mr. Chair, that your committee did and the recommendations that accompanied it. Again—and I've said it publicly in the House—I hope and believe that the bill will be referred to the committee in the near future. I look forward, as do my colleagues in the department, to working with all of you if you have suggestions on how we can strengthen the legislation. We're obviously interested in that conversation, and I look forward to those exchanges as well.

Mr. Chair, today we're here to discuss our departmental spending plans. I will provide you and your colleagues with a brief financial overview of the Department of Fisheries and Oceans and the Canadian Coast Guard's 2017-18 supplementary estimates (C) and 2018-19 interim estimates before speaking to a few recent accomplishments of the department.

The supplementary estimates (C) provide the resources for the department to launch, for example, the fisheries and aquaculture clean technology adoption program. You'll remember that this was part of budget 2017, in which there was an element for aquaculture and for the department to address the last ice area within Canadian Arctic waters.

In terms of our 2018-19 interim estimates, our initial ask to start the fiscal year amounts to $577.4 million, which represents three-twelfths of our approved reference levels.

I am pleased to say that our 2018-19 funding includes the following: $263.5 million in new funding for the oceans protection plan; new funding over a quarter of a billion dollars for the department to continue carrying out its mandate; $58 million in new funding for the Atlantic Fisheries Fund for this fiscal year; and $41.5 million for the renewal and expansion of indigenous fisheries programs and initiatives.

There's no question that the demands on our oceans and marine resources are higher than ever before. Our government's historic investment of $1.5 billion in the oceans protection plan will make our coasts cleaner, safer, and better protected. In collaboration with other departments and indigenous and coastal communities, we're well on our way to developing a safer marine transportation system that strengthens Canada's economy while preserving and restoring marine ecosystems.

Through the oceans protection plan and in all of our work, our government recognizes the importance of indigenous peoples in protecting our coast, addressing climate change, and the designation of new marine protected areas.

I am very pleased to say that, by the end of 2017, Canada had surpassed its domestic goal under the United Nations Convention on Biological Diversity to protect 5% of marine and coastal areas. In fact, we have protected 7.75% of marine and coastal areas.

This achievement was made possible thanks to sound science and to sincere engagement with Canadians, indigenous groups, industry leaders, and environmental organizations that care passionately about Canada's oceans.

Our nation's prosperity depends on making sure that the benefits of a growing economy are felt by more and more people, with good, well-paying jobs for middle-class Canadians.

This is especially important to the more than 76,000 Canadians working in commercial fishing, aquaculture, and processing jobs, many in coastal and indigenous communities. I don't have to tell the people around this table, who in many cases—perhaps with the exception of Mr. Miller—represent communities along Canada's coast and remote communities.

Often the fishery and related industries are in fact the only or the most significant source of economic activity in these communities. That's why our government is focused, for example, on the Atlantic fisheries fund, which I announced in 2017. It's designed to encourage new and innovative ways to harvest, process, and deliver high-quality, sustainably sourced fish and seafood.

Other provinces, notably the Province of Quebec, have reached out to me about the possibility of negotiating a similar fund for their fishing industries. Obviously, it will be a pleasure for me to work with Minister Lessard and our colleagues from Quebec on that initiative. We remain open to looking at every possible opportunity on all of Canada's coasts that would in fact improve economic opportunities for Canadians.

I will stop here, Mr. Chair.

In your opening remarks, you said that my colleague, the President of the Treasury Board, will be tabling the Main Estimates in April to ensure better alignment with Budget 2018.

This important change in timing is a key pillar of his estimates reform, which will ensure that we, as parliamentarians, are well-positioned to study documents that will be substantially more meaningful, relevant, and pertinent.

It would be a great pleasure to come back to talk to you about the Main Estimates at that time, if you wish.

Mr. Chair, with that, I wanted to leave some time for questions. I assume all of your questions will be very specific, technical questions related to supplementary estimates (C), and if that's the case, I said to Pablo that I would be happy to ask him or the deputy minister or the commissioner to answer. I will respond to the compliments that members will have with respect to my work as minister or the government's overall work, and those very technical questions on spending I could perhaps leave to the CFO or others.

Thank you, Mr. Chair.

Impact Assessment ActGovernment Orders

March 2nd, 2018 / 10:15 a.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise today on the traditional unceded territory of the Algonquin people, and thank them for their generosity. Meegwetch.

I also want to thank the hon. member for Davenport for splitting time with me. The circumstances are not those that led me to feel particularly relieved or happy, but I am grateful for the civility of giving me 10 minutes. Otherwise, I would not be able to speak at all, because of the egregious use of time allocation on an omnibus bill. I never expected to see omnibus bills with time allocation after the change in government.

This is three bills put together: the National Energy Board Act changed, the Navigation Protection Act changed, and the Environmental Assessment Act overhauled. The fourth piece that had been running along in tandem, through the great judgment of the Minister of Fisheries, is Bill C-68. It stands on its own, and it is an excellent piece of legislation.

However, with the time available to me, I am going to be able to speak only to the impact assessment piece of this omnibus bill, which I am afraid falls below any standard of acceptability and should trouble deeply any Liberal who stood in this place and voted against Bill C-38 in the spring of 2012. We stood together with every single Liberal MP and every single New Democrat against the destruction of decades of environmental law. How that process has been captured by the same mentality, values, and principles that led to Harper destroying these acts, so we now have a repackaged version of those same principles of eroding environmental assessment, is something that the Liberal caucus should try to figure out. I hope it will lead to changes in committee.

With the time available to me, I will quickly review my background in environmental law. I happen to be an environmental lawyer. It is an even weirder fluke that when I was 22 years old and a waitress and cook, I participated in the very first environmental assessment panel hearing in Canadian history, in 1976. It was in Cape Breton. It was about the Wreck Cove hydroelectric plant. I have participated in dozens since.

Ten years after that, I was in the office of the Minister of the Environment. I was actually a senior policy adviser, the person who took the quest from Environment Canada from a wonderful senior civil servant named Ray Robinson, who headed the Canadian Environmental Assessment Agency in those days, and we took to the Privy Council Office the request to legislate. Up until then, we had been operating under a guidelines order that required environmental reviews, but it was a bit uncertain in its full rubric. Some people thought it was a guideline and therefore was not binding. We got permission to legislate. Subsequently, I resigned from my job with the Minister of the Environment when the minister violated the environmental assessment review process guidelines in approving dams without permits.

This is just to say that I did not only recently come upon my commitment to proper and thorough environmental assessment in Canada. It is non-partisan and goes back decades.

Now, what happened under Bill C-38 was the repeal of our environmental assessment process and its replacement with a rather bogus process. We can compare Bill C-69 to the bogus process in Bill C-38 in 2012, or we can compare it to what is needed. It is all well and good for the federal Liberals to say to us today that they did a lot of consultation. It is true. There were 21 cities with public hearings, and over 1,000 people showed up to a superb expert panel on environmental assessment. The question before us today is why their recommendations were ignored.

I am going to read, one at a time, the recommendations that were ignored. There are many. In previous debate in this place, when the bill was first put forward, the Parliamentary Secretary to the Minister of Environment claimed I was wrong in my assertion, which I think is fact, that the environmental assessment expert panel was ignored. It is really important to understand the point of environmental assessment. I will just go back a bit and say that this is one of the pieces of Harper-think that have survived into Liberal-think.

Environmental assessment has never been about a green light or a red light, yes or no, or whether the project goes ahead or not. It is primarily a tool for good planning. In the entire history from 1976 to 2012, when Harper repealed the act, only two projects were ever given a red light. I will say that again. From 1976 to 2012, with the thousands of environmental reviews that were done, only twice did a federal-provincial environmental review panel say that a project was so damaging that it could not be mitigated and the panel had to say no.

It has primarily been about studying a process thoroughly, studying a project thoroughly, and deciding that we can mitigate the damage if only the proponent would agree to better scrubbers or change the location slightly. In the course of the review process, many projects were improved, the damages mitigated and reduced, and in the end a much better project was accepted. This has never been primarily about how to get to yes or no faster. That is what Harper thought, and apparently that thought process has somehow infested some ongoing decision-making process within government. An environmental assessment is about good planning.

Until 2012, the Environmental Assessment Act said that the purpose was to get in and review a project, “as early as is practicable in the planning stages of the project and before irrevocable decisions are made”

Let me quote what we heard from the expert panel on what an environmental assessment should contain. It did agree that it should be called “impact assessment”. That is one piece they could claim.

Page 5 states that the impact assessment authority “should be established as a quasi-judicial tribunal empowered to undertake a full range of facilitation and dispute-resolution processes.” This has been ignored. Members have heard about the expert panel the government sent around the country, with a thousand people participating and with 800 submissions. Their recommendation was not to have ad hoc panels where people are pulled in, with different projects always having different panels, but to develop expertise through a quasi-judicial tribunal. Ironically, this was also the advice from the red book Liberal platform of 1993.

The second point is to have time limits and cost controls that reflect the specific circumstances of each project, not the current one-size-fits-all approach, which was an innovation under Bill C-38. This is a key point. Projects need to be reviewed whether they are big or small. The effect of Bill C-38, which Harper brought in, is this. The previous era had seen approximately 4,000 projects a year reviewed, most of them with paper-screening exercises that did not take much time. After Bill C-38, the number shrank from 4,000 a year to fewer than 100 a year. The Liberals have gone with perpetuating the fewer than 100 a year. This is how they have done it, by ignoring this advice.

The panel stated that there should be a review when there are federal interests, and that “federal interests include, at a minimum, federal lands, federal funding and federal government as proponent, as well as”, and then there is a list: species at risk, fish, marine plants, migratory birds, indigenous issues, and so on.

This piece of legislation ignores anything except the project list. That was an innovation of Bill C-38. There are no law list reviews requiring that if the navigable waters act or the Fisheries Act requires a permit from the minister there be a review, and no requirement that when federal money is spent there be a review. That is the advice the government got from its expert panel, which it ignored.

The expert panel also said clearly that there should be no role at all for the National Energy Board, the Canadian Nuclear Safety Commission, or the offshore petroleum boards. It pointed out that “the federal system prior to 2012 had decades of experience with delegating final decision-making to the Canadian Nuclear Safety Commission...and the [NEB]” without those agencies meddling in the environmental assessment.

What is happening under Bill C-69 is like a shell game. We are told it is one independent agency, except that when it is reviewing pipelines the panel must be comprised of people who are sitting members of the NEB, now called the Canadian energy regulator. If they are reviewing offshore petroleum operations in Atlantic Canada, the panel members must come from the offshore petroleum boards, which by legislation are required to expand offshore oil. It is an embedded conflict of interest in the legislation.

The atrocities continue, with respect to indigenous rights. How is it that the Minister of Fisheries can put before us Bill C-68, which has strong language to protect indigenous rights? Bill C-68, in section 2.3, “Rights of Indigenous peoples of Canada”, makes it clear that the act cannot derogate from indigenous rights. Section 2.4 states that it is the duty of the minister when making a decision to “consider any adverse effects” on the rights of indigenous peoples.

This piece of over-discretionary political masquerading of environmental assessment in Bill C-69 merely states that “the impact that the designated project may have on any Indigenous group” is a factor to be considered. As a former litigator, I can tell members that the courts do not regard indigenous rights as a factor to be considered as protecting indigenous rights.

This bill gets an F. At committee, let us please get it to a C+.

March 1st, 2018 / 5:25 p.m.
See context

Director, Legislative and Regulatory Affairs Division, Canadian Environmental Assessment Agency

Brent Parker

I'll add to that.

I have a different perspective on Bill C-69. As you heard from the first panel that was here, Department of Justice and CIRNA are leading the overarching approach with the principles guiding the governments writ large, but the way in which that has tangibly played out in a very real initiative is with the introduction of Bill C-68 and also Bill C-69.

with the principles guiding the governments writ large but the way in which that has tangibly played out in a very real initiative is with the introduction of Bill C-68 and also Bill C-69.

A number of different acts were all introduced as a comprehensive package. We worked on it very closely with NRCan, DFO, and Transport. There was horizontal coordination, a team, a lot of the elements that you highlighted in trying to ensure there's both an action plan that put it onto the table but that also is supporting it in the strategy going forward. There's enabling legislation but implementation and policy support will follow in a coordinated manner.

March 1st, 2018 / 4:40 p.m.
See context

Robert Lamirande Director General, Indigenous Affairs and Reconciliation, Department of Fisheries and Oceans

I would also like to acknowledge our presence on the unceded territory of the Algonquin peoples.

I would like to thank the chair, vice-chairs, and committee members for the invitation to speak to you today to support your study of Bill C-262 and for the opportunity to elaborate on the suite of programs, policies, and legislative initiatives under the purview of the Minister of Fisheries, Oceans and the Canadian Coast Guard that have made and will continue to make advances toward reconciliation with the indigenous peoples of Canada.

I am Robert Lamirande, the director of indigenous affairs and reconciliation directorate at Fisheries and Oceans Canada. I would like to introduce my colleague, Marc Sanderson, acting director general, national strategies of the Canadian Coast Guard.

My directorate is responsible for providing policy advice on indigenous fishing and other matters toward advancing reconciliation with indigenous peoples; negotiating and implementing program, treaty, and other constructive agreements on Fisheries and Oceans management; promoting fisheries related economic opportunities through programming to support indigenous capacity to fish safely and effectively; and building relationships and partnerships with indigenous communities through effective engagements, which we do hand in hand with the national strategies directorate of the Canadian Coast Guard.

We do this work because the sustainable use of the fishery resource, the protection of fish and fish habitat, the conservation and management of our oceans, and the safety of those on the water are a priority for the department—a priority held in common with indigenous communities.

And because Fisheries and Oceans Canada and the Canadian Coast Guard have presence in many coastal and rural communities across Canada, we have worked hard with indigenous communities and groups to collaborate and partner on all aspects of our operations. These relationships are comprehensive, complex and dynamic. They are adaptive to the capacity of each indigenous community or group to participate in economic opportunities and in co-management.

We are now on a clearer path to a renewed, nation-to-nation, crown-Inuit, and government-to-government relationship, one that builds on the relationships and partnerships developed over the past decades. These relationships with indigenous communities are the touchpoints through which we will collaborate to articulate what reconciliation means in the context of Minister LeBlanc's portfolio.

This includes those changes to programs, policies, and laws necessary to demonstrate that we are moving to reconciliation with indigenous peoples. This commitment to reconciliation is guided by the principles respecting the Government of Canada's relationship with indigenous peoples. These principles, as you know, are themselves guided by the United Nations Declaration on the Rights of Indigenous peoples.

I want to highlight for you how Fisheries and Oceans Canada has worked in collaboration and in partnership with many indigenous communities. Through the innovative and successful Atlantic and Pacific integrated commercial fisheries initiatives, Fisheries and Oceans Canada provides commercial fisheries access, business management capacity, and training needed to build self-sustaining, indigenous-owned and operated commercial fishing enterprises.

Through the aboriginal fisheries strategy and the aboriginal aquatic resource and oceans management programs, Fisheries and Oceans Canada helps indigenous groups acquire the scientific and technical capacity, means, and training to meaningfully participate in fisheries, oceans, and habitat collaborative management, including employing aboriginal fisheries guardians.

Budget 2017, a year ago, has taken these programs a major step forward, investing over $250 million over five years and $62 million ongoing annually. This includes ongoing funding for the Atlantic and Pacific integrated fisheries initiatives and northern expansion through a new northern integrated commercial fisheries initiative.

As we embark on the renewal of these programs, we are also undertaking a review to see where and how these programs can be strengthened in collaboration with the National Indigenous Fisheries Institute, a technical organization established in May 2017 whose board is made up of experts from national and regional indigenous organizations. The institute is enabling the co-development, co-design, and co-delivery of our indigenous programs.

However, working collaboratively and in partnership with indigenous communities is not focused solely on fisheries.

The Oceans Protection Plan, for example, is enabling indigenous communities and groups to meaningfully participate and partner in Canada's marine safety system, from waterways management to emergency preparedness and response.

We are working with indigenous communities and partners to create a new indigenous chapter of the Coast Guard Auxiliary in British Columbia. And discussions with other indigenous communities are exploring opportunities to establish additional auxiliary units in the Arctic and in British Columbia to bolster responses to emergencies and pollution incidents.

A national strategy on abandoned and wrecked vessels will build an inventory of the problem vessels, and a risk assessment methodology. Indigenous communities will be invited to participate in these assessments and to help prioritize interventions.

Through engagement with indigenous communities in British Columbia, the Canadian Coast Guard has launched an environmental response officer recruitment program. We are also nearing completion of a process to recruit Inuit students for a new rescue boat station in Rankin Inlet, Nunavut.

Ongoing training programs across the country will provide participants with the knowledge, skills, and hands-on experience to enable them to play a greater role in marine safety in their communities in a safe and effective manner.

As you know, reconciliation also means self-determination of indigenous communities often but not exclusively through negotiation and implementation of treaties. Fisheries and Oceans Canada is participating in over 40 active rights reconciliation self-government negotiations with indigenous communities on fisheries and oceans matters.

Fisheries and Oceans Canada is also making systemic changes to better enable collaborative partnerships with indigenous peoples, and we have done so through important proposed legislative changes: Bill C-55, An act to amend the Oceans Act ; Bill C-64, An act respecting wrecks, abandoned, dilapidated or hazardous vessels; and Bill C-68, An act to amend the Fisheries Act. Proposed amendments to the Oceans Act will strengthen, among other things, the ability to designate marine protected areas on an interim basis and, as with all marine protected area designations, partnering with indigenous communities is the foundation for the successful protection of these unique aquatic ecosystems.

The proposed Wrecked, abandoned or hazardous vessels act, under the Minister of Transport, with the Minister of Fisheries and Oceans and the Canadian Coast Guard, would enable, among other things, agreements with a government, council, or other entity authorized to act on behalf of an indigenous group to exercise the powers and perform certain duties or functions of the minister.

The proposed amendments to the Fisheries Act and the programs enabled by these changes include certain amendments specifically aimed at advancing reconciliation, including new tools to enhance opportunities for partnering with indigenous peoples in the conservation and protection of fish, fish habitats, and shorelines; and amended provisions to enable agreements with indigenous governing bodies and any body, including a co-management body, established under a land claims agreement, to further the purpose of the act. Such agreements could enable the declaration of the law of an indigenous governing body, including a bylaw, to be equivalent in effect to a regulation under the Fisheries Act.

Fisheries and Oceans Canada and the Canadian Coast Guard have advanced and will continue to advance reconciliation through concrete changes to programs, operational practices, and legislative frameworks that give voice to the United Nations Declaration on the Rights of Indigenous Peoples. As we move forward we will seize on the relationships and partnerships we have with indigenous communities to articulate renewed nation-to-nation relationships with indigenous peoples within the mandates of Fisheries and Oceans Canada and the Canadian Coast Guard.

Thank you.

March 1st, 2018 / 4:20 p.m.
See context

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

We had two bills tabled just recently, Bill C-68 and Bill C-69. The government has committed to the UN Declaration on the Rights of Indigenous Peoples. Certainly, there are parts of those bills that talk to indigenous rights, but there was no language included in terms of the UN declaration, so despite the government's commitment to indigenous peoples in Canada, it tabled two important pieces of legislation that made no mention of these concepts, other than perhaps that they are going to aspire to getting this.

Can you tell me why was that missing from those pieces of legislation? I would presume that the justice department reviews these pieces of legislation in terms of these overarching commitments by the government.

Bill C-69—Time Allocation MotionImpact Assessment ActGovernment Orders

February 27th, 2018 / 10:20 a.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I must say I am astonished that the minister is so unfamiliar with the content of the bill she is attempting to rush through the House on this day. This is an omnibus bill, but it is not, as she claims, a bill that brings together four pieces of legislation. If she were aware, Bill C-68 is the Fisheries Act and it was not lumped together with Bill C-69, which is an omnibus bill and requires proper study. It is offensive. If it were good legislation, I might get behind rushing it through, but it is decidedly not good legislation and it must not be rushed. Bill C-68 is good legislation and the fisheries minister, lucky for him, does not have to wear the rest of this package of hybrid Harper-Liberal strategy that will make a mess of our environmental assessment.

Here is some gender analysis on this day that we are expecting a gender budget. For an omnibus bill including legislation that would normally be presented by the male Minister of Transport and another piece of legislation that would normally be presented by the male Minister of Natural Resources, why does she suppose they picked the Minister of Environment and Climate Change to wear the whole thing? They are eroding her political capital by having an omnibus bill where she is the only target.

Bill C-68—Notice of time allocation motionFisheries ActGovernment Orders

February 26th, 2018 / 5:50 p.m.
See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Madam Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill C-68, an act to amend the Fisheries Act and other acts in consequence.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.