Madam Chair, again, this is a suggestion from West Coast Environmental Law. As you can tell, I liked their brief very much.
On page 20 we'd be adding after line 3 provisions that speak to the question of serious harm to fish, in that exceptions would be applicable to areas other than ecologically sensitive areas or other areas of concern. Proposed subsection 35(2) would become:
(2) A person may carry on a work, undertaking or activity, in an area other than an ecologically significant area or an area prescribed by regulations in which there are concerns about fish and fish habitat conservation.
Then it continues where we were before, “without contravening subsection (1) if” and then it continues on. It's a specific effort to continue to protect, with additional restrictions on ministerial discretion, areas that are designated as ecologically significant or areas where regulations exist for particular circumstances.