Thank you.
Thank you for the opportunity to provide our perspective as you review Bill C-68, an act to amend the Fisheries Act. I am here today representing the Forest Products Association of Canada, or FPAC.
FPAC is a voice for Canada's wood and pulp and paper producers nationally. Canada's forest industry employs over 230,000, and operates in over 600 communities from coast to coast. FPAC members manage forests on over 90 million hectares of land across Canada. This is primarily done on provincially managed land. All FPAC members are third party certified to one of three independent certification standards—the Canadian Standards Association; the Sustainable Forestry Initiative, SFI; or the Forest Stewardship Council, FSC.
The forest sector engages in planning for sustainable land use. We develop long-term forest management plans that include aquatic and terrestrial habitat and biodiversity objectives utilizing stakeholder input, science-based approaches, and engagement with local communities and indigenous communities.
When we appeared in front of this committee in December 2016, we spoke to the robust provincial regulations that forestry operations must comply with as well as the third party audited certification regimes that all FPAC members are certified under.
Specific to Bill C-68, I would like to identify current amendments that we notionally support, and identify a number of current amendments that will require further consideration.
To begin with, FPAC is supportive of the provision to empower the minister to establish advisory panels. In particular, we encourage these advisory panels to have individuals or organizations that have experience as proponents. In addition to a formal advisory panel, I would suggest earlier informal multi-interest advisory capacity in the development of the regulations and policies.
Second, FPAC is supportive of “agreements” as referred to in proposed subsection 4.1(1). Our strong recommendation is that equivalency agreements are pursued and recognized between provincial governments, indigenous governing bodies, and DFO to provide for more efficient and effective implementation of the regulations. This will require DFO to prioritize the development of regulations in which equivalency with other jurisdictions could be assessed in the short term, prior to coming into force. Provinces have continued to revise and standardize their own laws, regulations, and guidance for fish and fish habitat over time. We believe this would support efficient and effective policy implementation.
Third, FPAC supports and encourages DFO to recognize robust standards and codes of practice, as referred to in proposed section 34.2(1). Our member companies adhere to regulatory requirements under provincial and federal laws, and in addition employ practices—referred to as best management practices or standard operating procedures—to avoid or mitigate harm to fish and fish habitat. This due diligence that the forest sector employs towards fish and fish habitat has continued to be in place pre- and post-2012. In fact, our standards and operating procedures with respect to fish and fish habitat have continued to improve through the implementation of environmental management systems, forest certification, and evolving provincial regulations.
The vast majority of the work or projects that the forest sector engages in near fish habitat are watercourse crossings—culverts and bridges. New innovations and continual improvement inform our standard operating procedures. For example, in the 1990s and early 2000s, through partnership work with DFO and the development of the operational statements, forest companies have widely transitioned to using such new technology as clear-span bridges for fish streams. These crossings have much better environmental performance than the older technology used previously, 15 years ago.
FPAC, professional foresters, and professional biologists working within our member companies and provinces continue to work with technical experts, such as FPInnovations, the National Council for Air and Stream Improvement, and partners like Ducks Unlimited, on implementing best practices. These practices address sediment and erosion control, culvert and bridge design and maintenance, integrated road access, and the maintenance of hydrologic and aquatic ecosystem function in areas where we operate.
We strongly encourage DFO to work with us to establish and recognize existing codes and standards with robust effectiveness monitoring programs, such as forest certification, to recognize the practices that avoid harm to fish and fish habitat.
While I'm on the topic of forestry certification standards, I will state that relevant requirements within the certification standards speak to protection of riparian areas—areas adjacent to permanent waterways—the protection and maintenance of sites that are biologically or culturally significant, the use of ecosystem-based management practices, and the development of long-term research and monitoring programs focused on biodiversity.
Now I would like to identify a few components of Bill C-68 that we believe require further consideration or clarification, as they pose potential concerns with regard to how they may be implemented.
The first is the amendment referred to in proposed subsection 35.2(1) on ecologically significant areas. Although we notionally support the identification of such areas, we want to see science, knowledge, and agreed-to processes developed to identify such areas.
The second is a general concern with the capacity of DFO to implement and enforce potentially expanding provisions while developing aquatic health baselines and monitoring cumulative effects moving forward.
We also want to identify the significance and challenge of climate change impacts, and would hope the department builds an understanding of watershed changes due to climate change. There may be other federal departments, such as Natural Resources Canada, that can contribute significant knowledge and expertise on climate change impacts, as well as adaptation practices. We recognize an increase in DFO funding announced recently in the 2018 budget, but we encourage the committee to consider the scope and ability of the department to implement the proposed act. We are hopeful that DFO will receive the necessary support to conduct this type of cumulative effects monitoring.
In summary, we encourage the minister and department to draft regulations that would enable equivalency agreements. We encourage the minister and department to establish multi-interest advisory capacity in the short term and to develop and recognize codes and standards. There is an opportunity for government to recognize the continued research and implementation in improving BMPs and in adapting practices on an ongoing basis, as well as the robust indicators and effectiveness monitoring programs established through third party audits.
We encourage that appropriate transition time and instruments be thought through to ensure that responsible proponents have a clear process identified while the necessary regulations and policy are developed.
Thank you again for the opportunity to provide feedback on this important topic.
I welcome your questions.