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.

Report Stage

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

Madam Speaker, I want to revisit some of what happened in BillC-38 in 2012. I was not able to put this question to a Conservative member.

The language that was inserted in the Fisheries Act, only protecting fish if they were commercial fish, aboriginal fish, or recreational fish, was language that came straight from a briefing note from the Canadian Electricity Association. It did not come through DFO scientists, did not come from experts; it came from an industry lobby group. It was nothing I had ever seen in Canada. It reminded me of the Bush administration. It put 80% of the 71 freshwater species in this country that are under the Endangered Species Act without any protection at all.

I was not a witness before the committee; I was never able to answer a member's question. However, in my riding, constituents call me all the time about certain stocks that are being overfished or clam beds being overharvested, where they could not get DFO to act because it did not have the resources, and did not have the impetus for fish habitat protection because of the changes made in Bill C-38.

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Madam Speaker, the member mentioned a number of issues. One was the removal of the habitat provisions of the old Fisheries Act. There was the de-staffing. That was something we certainly felt in the interior of B.C. DFO literally vanished from the Okanagan and Kootenays. That staff had been very important in helping local groups with habitat restoration, which is at the core of bringing back a lot of these stocks that have suffered.

The member also brought up the direct action based on a request from an industry group, without perhaps listening to the other side. A lot of local people are very concerned about fish habitat. They are not interested in hearing that our fish will be sacrificed to try to restore some habitat somewhere else. There are a lot of issues that have come up in the last few years that have concerned a lot of people, and they are very happy to see this habitat and other protections restored.

[Rodger Cuzner, Liberal, Parliamentary Secretary to the Minister of Employment]

Madam Speaker, it is my pleasure to speak to Bill C-68, especially after having come back from committee. I know that my colleagues on committee did an outstanding job. They brought forward some thoughtful amendments, and I believe we have a good piece of legislation. During the review of Bill C-68, my colleagues in committee heard from many different witnesses and experts. I would like to take the time to talk about what they heard, and the concrete steps they proposed to help further improve this legislation for the benefit of all Canadians.

The changes proposed in Bill C-68 support several government priorities and key themes: partnering with indigenous peoples, supporting planning and integrated management, enhancing regulation and enforcement, improving partnership and collaboration, and monitoring and reporting back to Canadians. Canadians want to know what is taking place within the fishery. This bill includes the reintroduction of the prohibition against the harmful alteration, disruption, and destruction of fish habitat, as well as the prohibition against causing the death of fish by means other than fishing. There are measures to allow for better management of large and small projects that may be harmful to fish or fish habitat, through a new permitting scheme for big projects, and codes of practice for smaller ones.

The amendments would enable the regulatory authorities that would allow for establishing a list of designated projects comprised of works, undertakings, and activities for which a permit will always be required. We have been engaging and will continue to engage with indigenous peoples, provinces, territories, and stakeholders to ensure that we capture the right kinds of projects on the designated project list. Habitat loss and degradation, and changes to fish passage and water flow, are all contributing to the decline of freshwater and marine habitats in this country. It is imperative that Canada restore degraded fish habitats, and that is why the proposed changes in the Fisheries Act include consideration of restoration as part of the project decision-making.

This bill is motivated by the need to restore the public's trust in government, which was lost through the changes made in 2012. In order to re-establish that trust, access to information on the government's activities related to the protection of fish and fish habitat, as well as the project information and decisions, is essential. We listened. We proposed, through Bill C-68 measures, to establish a public registry which will enable transparency and access. This registry would allow Canadians to see whether their government is meeting its obligations, and allow them to hold the government accountable for decision-making with regard to fish and fish habitat. The addition of new purpose and consideration provisions would clearly guide the responsibility of the Minister of Fisheries, Oceans and the Canadian Coast Guard when making decisions and providing a framework for proper management and control of the fisheries for the conservation and protection of fish and fish habitat, including by preventing pollution.

Fisheries resources and aquatic habitats have important social, cultural, and economic significance for many indigenous people. Respect for the rights of indigenous peoples in Canada, taking into account their unique interests and aspirations in fisheries-related economic opportunities and the protection of fish and fish habitat, is one way in which we are showing our commitment to renewing our relationships with indigenous people.

We listened to Canadians on the need for modern safeguards. That is why we have proposed changes to the act that would provide new fisheries management order power to establish targeted fisheries management measures for 45-day increments, where there is a threat to the proper management and control of fisheries, or to the conservation and protection of fish. This would help to address time-sensitive emerging issues when a fishery is under way and targeted measures are required. This tool might be used to assist in our current protection of the North Atlantic right whale. Proposed changes to the act include a new ministerial authority to make regulations to establish long-term spatial restrictions to fisheries activities under the act, specifically for the purpose of conserving and protecting marine biodiversity.

This will support our international commitment to protect at least 10% of the marine and coastal areas by 2020. Proposed changes also include authority to make regulations respecting the rebuilding of fish stocks.

As I mentioned earlier, our government reached out to Canadians in developing the bill. We listened to the commissioner of the environment and sustainable development and the Standing Committee on Fisheries and Oceans, and provided direction for the restoration and recovery of fish habitat and stocks. We are pleased that the standing committee has offered amendments during its clause-by-clause review to improve the bill in this regard. We listened to environmental groups, and the committee proposed provisions aimed at implementing measures to promote the sustainability of major fish stocks.

We also heard from Canadians on other important issues. We have proposed amendments to the Fisheries Act that would prohibit fishing for a whale when the intent is to take it into captivity, unless circumstances so require, such as when the whale is injured, in distress, or in need of care.

In addition, in keeping with modernizing the act in line with other federal environmental law, changes are being proposed to the Fisheries Act to authorize the use of alternative measures agreements. Alternative measures agreements are designed to effectively address contraventions of the act without the need to engage in costly and arduous court processes. Alternative measures agreements are a formally recognized resolution process designed to address offending behaviour. The process focuses on redressing the damage and addressing the root causes of the contravention. Alternative measures agreements provide a cost-effective alternative to the criminal justice system and have been shown to reduce recidivism.

We have been clear on our commitment to make inshore independence more effective. That was a considerable issue in the last Parliament, and I have heard about this issue from Port Morien to Port Hood, all the way down to Little Dover. Proposed changes provide specific authority in the Fisheries Act to develop regulations supporting the independence of inshore commercial licence holders and enshrine into legislation the ability to make regulations regarding owner-operator and fleet separation policies in Atlantic Canada and Quebec.

Through Bill C-68, the Government of Canada is honouring its promise to Canadians. By restoring lost protections and providing modern safeguards, the government is delivering on its promise, as set out in the mandate letter from the Prime Minister to the Minister of Fisheries and Oceans and the Canadian Coast Guard. Since the introduction of this bill, we have heard support from a broad range of Canadians for these amendments, which will return Canada to the forefront of protection of our rivers, coasts, and fish for generations to come.

I mentioned the hard work of the committee and how its efforts have made a good bill even better. The committee heard about the importance of water flow for fish habitat from the environmental NGO community, members across the aisle, the member for Saanich—Gulf Islands, as well as the member for Port Moody—Coquitlam. The government supported the associated amendments put forward in committee. We believe they will contribute to the effective management of fish habitat.

In Bill C-68, we strengthened the federal government's legal obligations when major fish stocks are in trouble. The committee built on this by proposing the inclusion of requirements, under the legislation, that the minister sustainably manage or rebuild fish stocks that are prescribed in regulations. Of course, we realize that this may not always be possible for environmental reasons, or because of the adverse economic effects some measures may impose on communities.

Again, I want to thank the committee. This is a good bill made better by the amendments that were proposed by the committee. I look forward to questions from members.

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

Madam Speaker, I want to let the member know that we support this bill, but I have some concerns.

The NEB recently ordered Kinder Morgan to stop installing plastic anti-salmon spawning mats in eight B.C. rivers. These plastic mats are still in place. They are destroying salmon habitat.

Does the member think that the minister should intervene and order Kinder Morgan to stop damaging our critical salmon habitat?

[Rodger Cuzner, Liberal, Cape Breton—Canso, NS]

Madam Speaker, on that specific issue, I am sure that the minister is aware of that. I am sure he will pursue that particular issue.

Not just the minister, but certainly members from British Columbia and the west, and anybody who has spent any time on the fisheries committee, know how important the salmon stocks are, not just to the coastal communities but to the entire province of British Columbia and to Canada.

When I was on the fisheries committee, and I have been back and forth a number of times during my time in the House, we discussed the aquaculture initiative, the on-land aquaculture industry. There are credible scientists sort of pitching both, some stating that land-based is the best way to go, and a different cohort with scientific information stating that it does not really hurt the wild salmon.

There is an amazing amount of contradictory science. However—

[The Assistant Deputy Speaker, Carol Hughes]

I do have to allow for more questions. Maybe the member will be able to finish later.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Madam Speaker, I would like to follow up on that discussion of expert opinion.

I know the hon. member was in the House at the time the Harper government revamped the Fisheries Act and took out those protections. Does he not remember that around that time a letter circulated, signed by at least over a hundred experts, not to say hundreds, aquatic biologists and so forth, including people like Dr. David Schindler, who lamented the withdrawing of these protections?

How does the member square those concerns and protestations with what the Conservative opposition is saying, that the removal of these protections is really no big deal?

[Rodger Cuzner, Liberal, Cape Breton—Canso, NS]

Madam Speaker, the member was in the House when that took place in 2012, as well.

I think we can agree that with the last government, for 10 years, there was so little consultation with the Canadian public, with stakeholders and people who relied on the fishery. However, this is not just exclusive to the fishery or the environment. We can look at employment insurance, the temporary foreign workers file, or immigration. One thing the Conservatives lacked was any will to engage with stakeholders and people impacted by their legislation.

I think that this lack of consultation and lack of understanding of how to have better legislation by involving those who deal with it on a daily basis is probably one of the many things that hurt the former Conservative government.

[Earl Dreeshen, Conservative, Red Deer—Mountain View, AB]

Madam Speaker, that was an extraordinarily adequate speech. I appreciate that.

When there was consultation, one thing we heard so much about was assistance for municipalities, because the legislation that was in place was causing so much difficulty for them. They were the people we were listening to in 2012.

I am just curious whether the member has talked to municipalities about what the added pressure is going to be based on these changes.

[Rodger Cuzner, Liberal, Cape Breton—Canso, NS]

Madam Speaker, when we speak to municipalities, they do not usually get around to that because they are so excited about the amount of money we have invested in infrastructure, for clean water, water treatment plants, and green infrastructure. It is tough getting them past that level of excitement they have right now with the infrastructure investment.

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, I rise this evening with some serious concerns with respect to Bill C-68. While one might think that fisheries legislation would impact only our coastal communities, in actuality this legislation would increase costs for every single town, city, and rural municipality across this country from coast to coast.

That is why it is unfortunate that the Liberals have once again moved time allocation on this very complex and important piece of legislation. By refusing to give us the time necessary to debate this bill, they are, in essence, muzzling Canadians across Canada by refusing to give them a voice through us as members of Parliament who have been elected to represent them in this place. The Liberals have shut down debate on a major overhaul of our Fisheries Act, which will have a huge impact on farmers and municipalities across Canada, as well as on our natural resource development sector. The Liberals have consistently refused to listen to stakeholders, and now they are refusing to listen to parliamentarians. By way of doing that, they are refusing to listen to Canadians.

The Liberals have reintroduced an incredibly onerous provision of the Fisheries Act. This is the blanket prohibition on any work that could cause the death of any fish. As the explanation document on the Department of Fisheries' website spells out, “Fish habitat means water frequented by fish and any other areas on which fish depend directly or indirectly in order to carry out their life processes, including spawning grounds and nursery, rearing, food supply and migration areas.” According to this, fish do not even need to be present in order for this act to apply, which of course is problematic.

I live in Lethbridge, southern Alberta. There is no ocean or a commercial fishery within close proximity. However, my region relies extensively on water management through a system of irrigation channels, reservoirs, and catchment areas. This legislation means that a farmer who so much as changes a ditch on his or her property that is somehow connected to a waterway will be impacted by this legislation. These farmers would have to apply for a permit in order to make any changes to their land. Therefore, the penalties are beyond onerous. The federal government could charge someone up to five years after the work has already taken place.

Family farms are not extravagant operations that can afford a full-time environmentalist or compliance officer within their operation. Therefore, if farmers have to apply for permits every time they take a tractor out to dig a ditch or deepen a slough, we can imagine how difficult it would be for those individuals or those operations to follow this legislation. They will have to worry about whether or not some activist animal rights group will come after them and attack them for taking their tractor out and digging a ditch on their own property in order to accomplish something that is necessary within their operation.

Farmers are among the strongest conservationists on the planet. They are among the people in Canada who advocate and act, a key word here, most strongly in favour of the environment. These are women and men who are doing a whole lot of good for our country, yet the legislation that is before the House would actually punish them. It demonizes them, and that is not fair.

This was an unprecedented year for flooding in both British Columbia and the Maritimes. Large municipalities and small rural communities alike are now realizing the need to significantly invest in flood prevention works. Whether that is as simple as building a higher dike or building dry channels to redirect flood waters at peak times, these works will now cost significantly more money to complete because municipalities are now going to have to hire an army of lawyers, consultants, environmentalists, and so forth, in order to uphold this legislation.

Testimony from Manitoba Hydro provided to the fisheries committee clearly stated that the 2012 changes to the Fisheries Act enhanced and broadened the act's protections for fish and fish habitat by adding the word “activities”. In describing the true effect of the 2012 changes to the act, which this bill is trying to reverse, Gary Swanson of Manitoba Hydro stated:

[T]he addition of the word “activities” in the prohibition against serious harm to fish arguably represents greater protection for fisheries, as do the addition of requirements for reporting all incidents of serious harm, the duty to intervene to address impacts, the extension in the time limitation for laying of charges from two to five years, and the establishment of contravening conditions of licence as an offence.

Let us put that in simple terms, shall we? There is much less certainty as to what this act applies to, which means it is great for lawyers but really bad for small businesses. It means it is great for environmentalists, but it is really bad for municipalities. It is really bad for Canadians, period.

Now the result will be a bureaucratic gridlock as thousands of permits are filed for. However, then it will end up being known that those permits actually are not even required. There will be this process that is incredibly onerous.

The previous Conservative government simplified this legislation because the complete prohibition of any potential harm to any body of water that might possibly host a fish was just simply unworkable. The Conservative approach focused on protecting commercial, recreational, and aboriginal fisheries. That approach focused on reducing significant harm to fish populations where they actually lived. That allowed for a proper balance between protecting fish in our waterways and ensuring that small businesses had the legal certainty to carry on their work and run a profitable business.

Proposed section 8 of this bill also sets out the establishment of fees for quotas, and proposed section 14 would establish the setting of fees for conferral. What does that mean? It means more fees that Canadians will have to pay for permits and authorizations.

Section 14 of this bill proposes powers for the creation of fees for regulatory processes with no parameters for who might be charged and how much they might be charged. It means higher costs for everyone, for them, for us, for every single Canadian. It means less money in the pockets of Canadian families because it means increased taxation. Municipalities will have to raise their taxes in order to apply for the permits that they require to do the work that needs to be done. As a result, small businesses will have to raise their prices because they will have to apply for permits, go through bureaucratic bodies, jump through hoops, and cut through red tape, in order to do their projects. This is on top of all the tax increases that the Liberal government has already placed on Canadian families, which is to say nothing of the carbon tax that is still to come.

The government has repeatedly stated that this bill is necessary to restore so-called lost protections. My colleague, the hon. member for North Okanagan—Shuswap, has submitted an Order Paper question, asking the government for proof of harm resulting from these so-called lost protections a number of times now. In its response to this Order Paper question, the government said that it cannot produce any proof because the department does not have the resources or the mandate to make such determinations. This is very interesting. This bill is the solution to a problem that has not been proven to actually exist, at the government's own admission. It is ridiculous. It is absolutely ridiculous.

The minister claimed that there were face-to-face consultations when he appeared at the committee on November 2, 2016. An Order Paper question response, dated March 22, 2017, contradicted this by stating that no face-to-face consultations had taken place. In this place, in the House of Commons, we are not allowed to call something a lie or call someone a liar. I will say that the minister certainly told an untruth.

Furthermore, we have concerns with the bill's proposals for the establishment of advisory panels. There is no accountability. There is a blank cheque being signed over, and what will they accomplish?

In conclusion, this legislation overreaches from even the pre-2012 version of the legislation. It includes the ability for indigenous groups to provide secret testimony directly to the minister that cannot be challenged by the person applying for the permit. It also creates a host of paid positions, to which the Liberal minister can appoint his friends with very little actual work required, and no accountability mechanism in place. Combined with the changes to the environmental assessment legislation, it effectively means the end of natural resource development in Canada. On top of that, it adds legal uncertainty to every Canadian, from logger to farmer to miner, about whether or not they are in compliance with the law.

I stand today in this place totally opposed to this legislation because it is bad for Canadians.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Madam Speaker, I would like to thank my colleague from Lethbridge for laying out how terrible Bill C-68 is, and in particular, how it will unfairly impact our municipalities, especially those in rural Canada.

When I was first elected back in 2004, one of the things I heard from my municipalities over and over again was that they had to deal with the fish police from DFO, and how that slowed down their ability to clean ditches, replace culverts, and provide proper drainage on agricultural lands. What we are doing here is going to duplicate what the provinces already do at home.

I want to thank my hon. colleague for standing up for rural Canada, and standing up for farmers and ranchers, and for all the hard work she does in working alongside the municipalities in her region, because this legislation is terrible.

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, I appreciate the work my hon. colleague does in standing up for Canadians, and in particular, those who are in the rural regions.

It is absolutely vital that we stand with the women and men who farm in this country. Agriculture is the backbone of Canada, which should be an agricultural superpower. The way to become even more powerful in what we do in this country, and the way to empower our egg producers to become better at what they do, is through effective policy. Better yet, it is often done by taking policy away and doing away with the red tape.

Let our farmers, ranchers, and egg producers do what they do, and let them do it the best way they know how. Let them conserve the land, look after the environment, and produce for this country, because they will do it incredibly well. They do not need the government to get in the way.

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

Madam Speaker, I always welcome young women to this place, and especially young women with grit and determination, like the young member for Lethbridge. I regret that I disagree with everything she said this evening about Bill C-68.

I do not know if she is aware, but in 2012, the national organization representing municipalities in this country, the Federation of Canadian Municipalities, urged the Harper government to remove the sections from Bill C-38 that would weaken the protection of fish habitat. By the way, the motion that was brought forward on the floor of the FCM convention came from none other than a former Conservative fisheries minister, the hon. Tom Siddon, who also joined in an open letter denouncing the weakening of fish habitat protection, which was also signed by another former Conservative fisheries minister, the hon. John Fraser. Bill C-38 was an egregious attack on the fisheries resource.

The fisheries resource and agriculture resource need not be in conflict, and in Bill C-68 they are not.

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, that was a statement and not a question. Clearly, my hon. colleague and I disagree when it comes to this issue.

With regard to the legislation before the House, I would reiterate once again that this is going to impose a whole slew of red tape and regulation in an area where really it is not necessary. It is going to impose significant costs to municipalities and businesses, and it is also going to result in a whole lot of uncertainty with regard to business expansion and advancement. Right now, in Canada, we do not need any of that.