Evidence of meeting #102 for Fisheries and Oceans in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was chair.
A recording is available from Parliament.
Conservative
Larry Miller Conservative Bruce—Grey—Owen Sound, ON
If to be clear we need to spell that out, I'm fine with that, but we should consult with Mr. Arnold on that as well.
Liberal
The Chair Liberal Bernadette Jordan
Mr. Donnelly, you wanted me to reread the subamendment.
The subamendment would say that members of the advisory panel “must consider representatives of the fishing industry.”
(Subamendment negatived)
(Amendment negatived)
(Clause 4 agreed to)
I'd like to ask for consent to group clauses 5 to 8, since there are no amendments.
Liberal
Liberal
Liberal
The Chair Liberal Bernadette Jordan
A member has asked for clause 9 to stand, which means it will be reviewed after all other clauses have been disposed of. Do I have consent to let clause 9 stand until the end?
Mr. Arnold.
Conservative
Mel Arnold Conservative North Okanagan—Shuswap, BC
Are there further amendments that clause 9 will affect? We don't know.
Conservative
Liberal
Churence Rogers Liberal Bonavista—Burin—Trinity, NL
Mr. Miller, it's been pointed out by my staff that there's a discrepancy in the text, and we need to get that corrected before we bring the clause forward.
(Clause 9 allowed to stand)
(Clauses 10 to 19 inclusive agreed to on division)
(On Clause 20)
Liberal
Ken McDonald Liberal Avalon, NL
I am moving this amendment. It clarifies the application of proposed designation project regimes within an ecologically significant area.
(Amendment agreed to [See Minutes of Proceedings])
(Clause 20 as amended agreed to)
(On clause 21)
Conservative
Mel Arnold Conservative North Okanagan—Shuswap, BC
I'll move this, Madam Chair. It's adding clarification to clause 21 in reference to subsection 35(2).
(Amendment negatived [See Minutes of Proceedings])
NDP
Fin Donnelly NDP Port Moody—Coquitlam, BC
Madam Chair, previously, proponents of minor works were issued letters of advice instructing them to proceed without an authorization, often leaving residual harm unaddressed and resulting in significant cumulative impacts. This clause implements a letter of advice, which will allow the minister to track smaller projects and identify cumulative effects. Degradation and loss of habitat is one of the greatest threats to freshwater and anadromous fish in Canada. Tracking, assessing, and addressing cumulative effects will be critical to turning the tide on habitat loss and realizing measurable improvements in the quality and amount of fish habitat in the future. While Bill C-68 includes a number of tools for managing impacts on fish habitat, it falls short in terms of advancing a comprehensive approach to cumulative effects.
(Amendment negatived [See Minutes of Proceedings])
Liberal
Ken Hardie Liberal Fleetwood—Port Kells, BC
This simply harmonizes the language with Bill C-69.
(Amendment agreed to [See Minutes of Proceedings])
Conservative
Mel Arnold Conservative North Okanagan—Shuswap, BC
This inserts the words “the public interest; and”.
Although the decisions of the minister and recommendations are often assumed to be in the public interest, I think it's pertinent that in the act, the public interest be stated as one of the minister's considerations in this clause.
(Amendment negatived)
Conservative
Mel Arnold Conservative North Okanagan—Shuswap, BC
Madam Chair, I'll move this amendment.
I believe we've heard testimony in committee that other jurisdictions are in the process of establishing standards of practice on streams, I think. Rather than the minister having to establish all of those standards individually within the department, they could adopt standards that have been developed, I guess, through professional organizations. I believe that would certainly speed up the process of interpretation of the act and the ability of industry and development to move forward.
(Amendment negatived [See Minutes of Proceedings])
Liberal
The Chair Liberal Bernadette Jordan
Next is PV-5. If it is adopted, NDP-8 and LIB-4 cannot be moved, as there is a line conflict.
Ms. May.
Green
Elizabeth May Green Saanich—Gulf Islands, BC
Madam Chair, again, members of the committee will remember that I raised the issue of water flows and environmental flows in an earlier attempt to amend the purpose of the act. This deals with the same suggestions, but primarily from West Coast Environmental Law.
My amendment inserts at page 17 a couple of replaced lines to ensure that, as well as attention to removing obstructions or ensuring there's a full consideration of minister's orders to consider the factors that affect the survival and health of fish populations, we're adding in the idea of maintaining the flow of water necessary to permit the free passage of fish.
The current amendment says “maintain the flow of water that the Minister considers sufficient”. We've made it an objective scientific test, as opposed to one of ministerial discretion if the changes to proposed paragraph 34.3(2)(f) pass, and, in proposed paragraph (g), to maintain at all times “the characteristics of the water and the water flow upstream and downstream of the obstruction” of things.
Last, we're inserting a brand new proposed paragraph (h) to “maintain the quantity, timing and quality of water flow that are necessary to sustain the freshwater or estuarine ecosystems of the fish habitat”.
Liberal