Bill C-68 (Historical)

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

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.

Motions in amendment

[Pam Goldsmith-Jones, Liberal, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, does the member opposite truly recognize how galvanizing the gutting of the Fisheries Act by the previous government was for British Columbians? HADD was respected. HADD developed security and confidence at the local level and all the way through the system. I would ask that the member justify the kinds of cuts and devastating evisceration by the previous government of the Fisheries Act.

[Dane Lloyd, Conservative, Sturgeon River—Parkland, AB]

Mr. Speaker, I can say that I have first-hand knowledge of fishing down the Fraser and Harrison rivers. I caught a lot of sturgeon there back in the day. I talked to those fishermen and I really did not hear any negativity about the government's legislation. It is a sturgeon fishery. We catch them, and it is catch and release. In my experience, there was nothing but content with the way the general policy was done. I do not know what this member is alluding to, but from my experience with the fishermen on the west coast, the reasonableness test that we introduced was not opposed by the people in B.C.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, I am pleased to rise tonight to speak to Bill C-68, an act to amend the Fisheries Act, a lengthy bill that would have a number of impacts on fisheries and fish stocks across Canada. The bill would also have wide-ranging implications for economic development for farmers, rural municipalities, and others.

I am from an Ontario riding. While members may not think there are a lot of fish in Ontario, we have a thriving fishing industry in the Great Lakes and also in many of our smaller communities. In fact, right down the road from my farm is a fish hatchery that supplies fingerlings across the world. Fish and fish habitat is important to all of us in Ontario as well.

It is my understanding that the fisheries and oceans committee conducted a full study of the 2012 changes made to the Fisheries Act, and conducted a full study of changes brought in by Bill C-68. I would like to focus most of my comments on the testimony heard during the committee's study of the 2012 changes.

The committee started its study in October 2016 and presented a report to the House in February 2017. The committee heard from 50 different witnesses during the study and received over 188 submitted briefing notes. It was a very comprehensive study, and it would have been a useful tool for the government to use when it was drafting this legislation.

The study looked directly at the changes that the previous government, our Conservative government, made in 2012 to the Fisheries Act, changes that significantly improved it.

One of the significant changes that was made in 2012 was a shift away from what was commonly referred to as HADD, which stands for “harmful alteration, disruption or destruction of fish habitat”. It is contained within subsection 35(1) of the bill where it is stated, “No person shall carry on any work, undertaking or activity that results in the harmful alteration, disruption or destruction of fish habitat.” Essentially, this means that any sort of development that could be seen to be harmful to, altering, disrupting or destroying fish habitats would be subject to an immense amount of review and red tape, and could be stopped or completely prohibited.

It is unclear, however, about what constituted a fish habitat. It was found that the DFO applied this definition in a inconsistent manner, and others played fast and loose with this term and used it broadly to apply to waterways that really had no impact at all on fish stocks. The system was ineffective and was a nightmare for development. Worst of all, after all this red tape and bureaucratic interference, it had no measurable success in protecting or preserving fish populations.

The changes in 2012 brought in a much simpler and effective definition to ensure fish were protected but that reasonable projects could still move forward. The definition at that time was “No person shall carry on any work, undertaking or activity that results in serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery.” This definition is much more effective and provides certainty and clarity for developers, for farmers, for fishermen, for first nations, and for others.

In the report from the fisheries and oceans committee, the third recommendation stated, “Any revision of the Fisheries Act should review and refine the previous definition of HADD due to the previous definition’s vulnerability to being applied in an inconsistent manner”. This is the heart of why HADD was changed in 2012. It was applied in such an inconsistent and subjective manner. The recommendation went on to say, “and the limiting effect it had on government agencies in their management of fisheries and habitats in the interest of fish productivity.”

I am confused as to why we are now seeing what looks to be a return to HADD in Bill C-68. It does not make any sense. The committee testimony is there in black and white, and it was heard time and again when the committee studied Bill C-68.

We all know that when the previous government brought in the 2012 changes, environmental associations and others threw their hands up in the air and screamed that these changes would be the death of all fish in Canada. However, the proof is just not there.

It is my fear here that the government is simply returning to the pre-2012 provisions to appease these groups.

One impact that is not always clear to many is the impact that farmers face due to the Fisheries Act, and it will be 10 times worse under a system that uses the HADD definition. When farmers are looking to expand their farm or develop their farmland, they can get caught up in reviews of their projects under the Fisheries Act. A return to HADD would make the lives of farmers much more difficult.

When testifying before the committee, the Canadian Federation of Agriculture stated that prior to 2012 there were “lengthy bureaucratic applications for permitting and authorizations”, but the 2012 changes “drastically improved the timeliness and cost of conducting regular maintenance and improvement of activities to their farm.”

That is so crucial, because farmers can get caught up in this red tape and actually be prevented from moving forward with improving their farmland or construction of buildings.

The CFA expanded on this by stating that:

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

This was again reiterated during the study of Bill C-68 at the fisheries and oceans committee.

Farmers do not want to return to a pre-2012 system. In fact, no one but those who oppose development want a return to the pre-2012 system. The government should stop catering to these interest groups and abandon this plan.

It is not just farmers who have concerns, though. The Canadian Electricity Association has said that Bill C-68 is “one step forward but two steps back.”

They went on to state:

CEA is particularly concerned that the government has chosen to return to pre-2012 provisions of the Fisheries Act that address 'activity other than fishing that results in the death of fish, and the harmful alteration, disruption or destruction (HADD) of fish habitat. In practical terms, this means that virtually any action, without prior authorization, could be construed as being in contravention of this Act. Consequently, the reinstatement of these measures will result in greater uncertainties for existing and new...energy projects that directly support Canada's clean growth agenda and realize its climate change objectives.

To make a long story short, this is bad news for Canadian development and will have no positive impact on the protection of fish populations in Canada.

The government had an opportunity to make this legislation work when it was offered reasonable amendments during the committee clause-by-clause study. Unfortunately, again, as in so many instances when the Liberals talk about being open and amenable to amendments, when it comes to the actual committee work, committee members are always overpowered by the majority of Liberals on the committee, who refused the amendments.

As we have witnessed time and again, the Liberals do not care about rural Canadians or development. I only hope Canadians will listen to our message of positive change and send them packing next October.

[Kelly McCauley, Conservative, Edmonton West, AB]

Mr. Speaker, that was a wonderful talk.

One of the issues we spoke of earlier was that the fisheries department plan actually shows, over the next three-year period, a $600-million cut to funding for fisheries and oceans. I wonder if my colleague could comment on the massive cuts the Liberals have planned, while at the same time standing up tonight to rail on and on about previous cuts made by the Conservatives.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, it is pretty obvious there is a pattern here. The Liberals say one thing but do another. All through the 2015 campaign, we heard time and time again that there would be no more omnibus bills, that the election would be the last first past the post, and on and on with promises.

Liberals were talking about no cuts, and here we have all these cuts, which will have a devastating impact on fisheries and oceans.

[The Deputy Speaker, Bruce Stanton]

There will be four minutes remaining in the time for questions and comments for the hon. member for Kitchener—Conestoga when the House next resumes debate on the question.

The House resumed from June 7 consideration of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, as reported (with amendment) from the committee, and of the motions in Group No. 1.

Report Stage

[Churence Rogers, Liberal, Bonavista—Burin—Trinity, NL]

Mr. Speaker, we cannot take the vitality of our fisheries for granted. The fish and seafood sector is the heart and soul of many rural coastal and indigenous communities across Canada, and indeed of my riding of Bonavista—Burin—Trinity. Fisheries provide good middle-class jobs that draw on traditions stemming back hundreds of years. However, communities need support to meet the challenges of the 21st century. That is why I am proud to support Bill C-68, which would restore lost habitat protections and modernize safeguards to the Fisheries Act.

Our government committed to helping middle-class Canadians and to growing our economy so that more Canadians can join it. The fishing sector plays a key role in rural and coastal communities. In the end, 76,000 Canadians make their living directly from fishing and fishing-related activities. In 2016, Canada exported 87 species of fish, and our total exports grew by 5% between 2016 and 2017. The total export value was $6.9 billion.

Fisheries support important middle-class jobs. Most of them, including self-employed inshore and coastal fish harvesters, are part of the middle class. Fish harvesters, particularly in Atlantic Canada and Quebec, have told us time and time again that they need help to secure their continued independence, and they need support to protect the socio-cultural fabric of their communities.

In many of our communities, the fish and seafood sector is the primary economic driver, as well as the glue that holds people together. In other words, it not only puts food on the table, it also creates fodder for conversations around the table. In coastal communities, talk around the dinner table is about fundamental questions: Will the fisheries provide a living for generations to come, the way it has for us? Can we get a decent return on our investment?

Today we are acting for future generations. Bill C-68 would restore lost habitat protections and would provide for the making of modern regulations to help sustain the fisheries for many generations to come. While Bill C-68 covers many areas, I would like to focus on how it would impact the inshore and coastal fishery in eastern Canada.

Fishing remains one of the region's main industries. In 2016 alone, it generated $2.3 billion in landed value from inshore fleets. However, these impressive numbers cannot be taken for granted. Fish harvesters in Atlantic Canada and Quebec told us that to maintain an economically viable inshore fishery, licences need to be kept in the hands of independent, small boat owner-operators, and the fish harvesters need to be the ones making decisions about and receiving the benefit of their licences.

There are currently no legislative or regulatory requirements in place with respect to the rebuilding of depleted fish stocks. The Commissioner of the Environment and Sustainable Development, along with the Standing Committee on Fisheries and Oceans, has recommended that any revision to the Fisheries Act should include direction for the restoration and recovery of fish habitat and stocks. In addition, environmental groups have also called on the government to adopt measures aimed at rebuilding depleted fish stocks within the Fisheries Act.

That is why the Standing Committee on Fisheries and Oceans recommended improvements to Bill C-68 to strengthen the provisions on the rebuilding of stocks so that the minister implements measures to maintain prescribed fish stocks at or above the level necessary to promote the sustainability of the stock, while taking account of the biology of the fish and the environmental conditions affecting the stock. If a prescribed fish stock does decline to a depleted level, the government will develop a plan to rebuild that stock.

The government realizes that maintaining a stock or rebuilding it to healthy levels may not always be possible for environmental reasons, or in some cases because of the adverse economic effects that some measures may impose on communities.

However, the legislation will require that when these cases arise, Canadians will be informed and provided with the reasons. The aim is to manage fishery resource sustainability for the long-term benefit of Canadians and to help ensure long-term stability of our fisheries for current and future generations. As the Prime Minister stated, we need the right balance between the environment and the economy.

The Department of Fisheries and Oceans has policies to help maintain a strong and independent inshore fleet. These policies aim to keep the benefits from the inshore fishery flowing to licence-holders and communities that are dependent on the resource. Successive governments have recognized that a licensing regime that supports independent inshore harvesters is crucial to the livelihoods of coastal communities that depend on the fisheries.

Bill C-68 would clarify the authority to make regulations that would support and strengthen owner-operator and fleet separation policies. In so doing, middle-class jobs in our coastal communities would be protected. Specifically, clarified authorities in the act would support the development of much-needed regulations relating to the inshore fisheries.

The department would work with stakeholders on the development of regulations that would seek to strengthen the independence of the inshore fish harvesters in Atlantic Canada and Quebec. The objective of the regulations would help individual inshore licence-holders keep greater control over their enterprises and livelihoods. The regulations could also provide for strengthened rules around how licences are issued. For example, the government could strengthen support for the fleet separation policy by prohibiting the issuance of inshore licences to certain types of corporations. Once regulations are in place, the department would take enforcement actions when there is non-compliance. Licence-holders could face severe consequences, even lose their privileges to hold a licence, if they were to contravene these rules.

Ultimately, the government, through Bill C-68, is acting to create a stable and predictable environment for greater transparency, co-management, sustainability, and accountability. As the bill moves through third reading and the Senate, the government will continue to reach out to all Canadians from all walks of life for their input. The government is earning the trust of all Canadians with respect to fisheries protection.

I am proud to put my full support behind the proposed amendments to the Fisheries Act. I urge all hon. members to join with me so that we can ensure its speedy passage through the House.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, my hon. colleague gave a great speech. He had talking points. It was a speech that was probably written for him by the minister's office, but I have to commend him. It was well delivered.

The fisheries committee studied Bill C-68. There were well over 50 witnesses, as well as written submissions. Not one witness was able to produce any evidence of loss of fish or fish habitat due the changes that the Conservative government made to the Fisheries Act in 2012. Is my hon. colleague aware that not one witness was able to produce any shred of evidence that there was a loss of fish or fish habitat?

[Churence Rogers, Liberal, Bonavista—Burin—Trinity, NL]

Mr. Speaker, as my hon. colleague said, we heard from many witnesses and groups through briefs and presentations at the fisheries committee. At the same time, many of these witnesses talked about habitat protection and other things that we have identified in this particular bill currently before the House, such as sustainability and the protection of stocks like northern cod that the people of Newfoundland and Labrador are challenged with. All of these issues were discussed fully, as the member knows, and recommendations came from the fisheries committee after great debate and discussion.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Mr. Speaker, there are many things that we like in the bill, but we have a concern that I would like to highlight.

In 2015, almost three years ago, the mandate letter sent to the Minister of Fisheries, Oceans and the Canadian Coast Guard from the Prime Minister instructed the minister to act on recommendations of the Cohen Commission on restoring sockeye salmon in the Fraser River. In recommendation 3 of the report of Justice Cohen, it recommends that “...The Government of Canada should remove from the Department of Fisheries and Oceans’ mandate the promotion of salmon farming as an industry and farmed salmon as a product.”

However, DFO continues to promote the salmon farming industry and the product. People at home do not understand how DFO can both market fish farming but also have the same mandate to protect our wild salmon.

When will the government finally act on this recommendation? Again, it is a recommendation that was set out three years ago.

[Churence Rogers, Liberal, Bonavista—Burin—Trinity, NL]

Mr. Speaker, as we know, there are differing circumstances across Canadian jurisdictions when it comes to fish farming and aquaculture.

Eastern Canada is very different from western Canada, and is managed with different levels of government. At this stage, we have seen some significant gains and improvements in the aquaculture industry in eastern Canada. It has created badly needed jobs in many of our rural communities.

In terms of the member's question in regards to western Canada, I cannot say that I have the information to answer it directly. I do know that when I sat on fisheries committee sessions some time ago, the commissioner identified some issues around the aquaculture industry, and they were issues that needed to be addressed by DFO. Of course, I am looking forward, like everybody else, to having some of these matters addressed.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, given the answer from the member for Bonavista—Burin—Trinity, I am changing the focus of my question to that presentation to the environment committee from our commissioner for the environment. Her report found that there was virtually no monitoring of pesticides used in open pen fish farming, no checking of transfer of viruses, and an appalling lack of monitoring and regulation.

I would just make the point to the member for Bonavista—Burin—Trinity that my knowledge of the Atlantic salmon situation is that the recovery of wild Atlantic salmon populations is imperiled by the continued presence of aquaculture salmon on the Atlantic coast as well.

I wonder if we should not get aquaculture out of DFO altogether and put it over with Agriculture and Agri-Food.

[Churence Rogers, Liberal, Bonavista—Burin—Trinity, NL]

Mr. Speaker, there are numerous reports that have been made from time to time about causes of the decline of many kinds fish stocks. One of the things we see happening now in Atlantic Canada, in Newfoundland and Labrador in particular, is the imbalance in the ecosystem in terms of the explosive growth in seal populations that are destroying not only salmon but other species in Atlantic Canada. Therefore, to attribute the cause for the decline of Atlantic salmon to one particular factor is too simplistic. There are many environmental factors that also impact Atlantic salmon numbers and other species as well.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Mr. Speaker, I rise in the House today to speak to Bill C-68, an act to amend the Fisheries Act and other acts in consequence. I would like to start by stating that the official opposition supports the protection of our oceans and fisheries. Our previous changes to the Fisheries Act in 2012 were enacted to support transparency in the decision-making process and to provide a level of certainty to those invested in that act. Unfortunately, the Liberal government is proposing amendments through Bill C-68 that add additional layers of regulatory uncertainty.

The hon. Sergio Marchi, president and CEO of the Canadian Electricity Association stated that while Canada's electricity sector remains committed to protecting and conserving our natural resources, Bill C-68 “represents one step forward but two steps back”. The Canadian Electricity Association's concerns centre on the government's shortsightedness in choosing to return to pre-2012 provisions of the Fisheries Act that address “activity other than fishing that results in the death of fish” and “the harmful alteration, disruption or destruction”, otherwise known as HADD, “of fish habitat”.

While the Liberals say they are restoring HADD they sidestep any obligation to uphold the HADD regulations in the legislation by providing the minister with the ability to exempt certain provisions. The CEA points out, and rightly so, that virtually any action without prior authorization could be construed as being in contravention of Bill C-68.

The Canadian nuclear agency shares these concerns. In its testimony before the House of Commons Standing Committee on Fisheries and Oceans it stated that the definition of fish habitat has been changed so that the term now means “water frequented by fish”, while retaining the “directly or indirectly” terminology. The Canadian Nuclear Association warned that this has the potential to include waters not designated to support fish, like tailing ponds, or drainage ditches, or waters not intended to be fish habitats, or where no fish are present at any time of the year. As such, it called on the government to revise the term “fish habitat” to exclude these structures.

The Canadian Electricity Association echoed the same sentiment, seeking amendments to provide greater certainty around the definition of fish and fish habitat, focusing on fish population conservation.

Ontario Power Generation agrees. In its written statement to the standing committee it recommended that exceptions, including intake canals and other structures that were constructed for the purpose of facility operations and not intended to be frequented by fish, should also be considered.

All of this is falling on deaf ears. Bill C-68 would also result in greater uncertainties for existing and new facilities and discourage yet more investment opportunities in energy projects, something the government seems to be quite good at.

The Canadian Nuclear Association in its submission to the Standing Committee on Fisheries and Oceans stated, “the concept of 'cumulative impact' is not only a key issue with respect to the environment, but also with respect to sustained investment in Canadian energy projects”.

The Canadian Nuclear Association's testimony continued, highlighting the plight of Canada's energy sector, advising that, “Right now, investment in Canada is facing significant challenges - including uncertainty caused by a suite of changes to federal and provincial regulatory policies, trade restrictions, corporate and individual tax rates”. This regulatory uncertainty is shared throughout industry.

The Canadian Electricity Association recommends that the minister be required to consult with any jurisdiction also exercising potentially duplicative, overlapping, or conflicting orders. Regulations are important. No one in any industry in Canada would refute the need for regulations. However, it makes no sense that a company has to go through the same regulatory conditions at every level of government simply to satisfy duplicate regulatory conditions. This costs time and money, and ultimately it costs investment opportunities.

This is at a time when the U.S. President's tariff action against Canadian steel and aluminum remains unfair and a serious threat to workers across the country who rely on this industry to put food on the table for their families, at a time when, according to Statistics Canada, the total foreign direct investment in Canadian oil and gas extraction slumped 7.4% in 2017, down to $162.2 billion.

That is due to a hasty retreat by international oil producers last year, including massive divestment by Royal Dutch Shell, about $9.3 billion, and ConocoPhillips, about $17.7 billion, totalling nearly $30 billion.

The government's carbon-tax scheme threatens to increase the cost of living for every Canadian, emphasized by the new report recently released by the Parliamentary Budget Officer. It found that the Liberal carbon tax will take $10 billion out of the Canadian economy by 2022, while other estimates argue that it could be as much as $35 billion per year, hurting jobs, workers, and families.

The current Liberal government is compelled to introduce bills like Bill C-68, which would add layers of regulatory ambiguity, adding massive uncertainty in an already turbulent investment climate. When will the government realize that investment opportunities are highly perishable prospects?

Bill C-68, like other bills, such as Bill C-69, appears to undermine transparency and due process by allowing the minister to withhold critical information from interested proponents, which runs contrary to the Prime Minister's promise of a more open and transparent government.

The act would require the minister to take into account indigenous knowledge and expertise when it was provided, and all decisions would have to take into account the possible impact on indigenous rights. However, that knowledge would be protected from being revealed publicly, or even to a project's proponents, without explicit permission from the indigenous community or the people who provided it.

The government has announced $284 million in new money to implement and enforce the new law through the hiring of new fisheries officers to enforce the act and educate people about it. There are, however, no timelines or details on when and how many officers would be hired. This bill would allow for the establishment of advisory panels and for members to be remunerated. However, there is no guidance or limitation on their use.

Bill C-68 would expand the reach of a prohibition against anything that alters or impacts fish habitat to all waters where fish exist. As the member for Cariboo—Prince George indicated earlier, the goal of the Fisheries Act is and should remain to protect and enhance Canada's fish stocks while avoiding any unnecessary negative economic impacts on industries that rely on access to Canadian land and water. In 2012, the Conservative government improved fisheries conservation, prioritized fish productivity, protected significant fisheries, and streamlined an overly bureaucratic process. The current government, though, through Bill C-68, would revert to rules that caused confusion, were difficult to enforce, and that negatively impacted farmers, communities, and resource development. The only real winners here would be regulatory lawyers, who would reap the rewards of Bill C-68.

I have no doubt that my colleagues across the way will question our commitment to the preservation of fish habitat. I have said before that we clearly support the protection of our fisheries and oceans. What the current government fails to understand is that they can protect the environment and have responsible resource development. It only makes sense to protect fish habitat if they want a robust fisheries economy, and that is what the current Fisheries Act does.

It is my hope that the government will continue consulting with industry on fish-habitat restoration plans moving forward. The government's knowledge and appreciation for the protection of fisheries is essential. We will continue to work closely with fishers, farmers, industry groups, and communities to ensure that their questions are heard.

I would rather be having a longer debate instead of being under time allocation, but this is the situation we are in. I look forward to questions from my hon. colleagues.