There are nine things the new Fisheries Act must do to make Canada healthy and prosperous.
The first is to protect fish by protecting ecosystems. Some of the most devastating changes to the Fisheries Act were the cuts to habitat protection provisions previously found in section 35. The changes were not rooted in science, traditional knowledge, or even common sense. In an ecosystem, all things are connected. Fish cannot be protected if their environment is not protected.
Legally, the shift is also problematic. Traditionally, the Fisheries Act placed the burden of proof where it belongs, on the proponent. The proponent had to prove their project would not harm fish or fish habitat. Today that burden rests on government and residents. Ultimately, the changes made to fish habitat provisions in 2012 will ensure that the Fisheries Act fails to protect any fish in Canada. Those changes must be reversed.
Second, we must simplify the rules against pollution. The pollution prevention provisions in the Fisheries Act once made it Canada's most important and effective environmental protection law. Subsection 36(3) once protected water from pollution by prohibiting the deposit of deleterious substances into water.
Thanks to small changes and new regulation-making powers, the Fisheries Act now allows government to do by regulation what parliamentarians didn't dare do: eliminate federal protections for water quality. We see the impacts already, from sewage to aquaculture.
This shift is problematic because the Fisheries Act was designed to protect water quality without requiring an itemized list of what substances in what amounts under what conditions could be considered deleterious. This is the only efficient way to ensure the Fisheries Act remains relevant over time and protects all communities equally.
Microplastics, triclosan, certain pesticides, and fire retardants are all examples of substances we know to be deleterious, but they were invented after the Fisheries Act was written. That was the beauty of the previous act. The traditional deleterious substance test must be restored to the heart of all pollution prevention provisions.
Third, the Fisheries Act needs to embrace the precautionary principle. When there is uncertainty, decisions should favour the protection of fish and fish habitat. Fish are part of interconnected ecosystems we can only partially understand. The consequences of one change or one project cannot always be predicted. Emerging issues, such as the invention of new contaminants, cumulative effects of multiple projects in one area, climate change, shifting land and water uses, and population growth, make it virtually impossible to predict impacts with any certainty. For that reason, the principle of precautionary decison-making should be part of the Fisheries Act.
The fourth thing the new Fisheries Act must do is ensure Fisheries and Oceans Canada and the federal government remain responsible and accountable. The Fisheries Act must affirm the federal government's authority for protecting fish and fish habitat equally across Canada. Section 4.1 of the act, for example, doesn't belong in a federal Fisheries Act. Provinces should not be empowered to encroach upon federal jurisdiction. Within the federal government, Fisheries and Oceans should also not cede responsibility to other departments and agencies.
Fifth, protect the natural resource, not industries. The Fisheries Act had one purpose: protect fish and fish habitat in Canada. Changes have been made to the legislation that shift its purpose away from protections and towards permitting pollution and habitat destruction, especially by favoured industries. You can see this in the exemptions now being given to mining, sewage, and nuclear projects.
Six, eliminate self-regulation. Self-regulation is not appropriate to ensure compliance with a quasi-criminal statute. The federal government must be responsible and accountable, because self-regulation cannot protect fish and fish habitat. It can't prevent cumulative impacts, also known as death by a thousand cuts. It doesn't allow for public participation or take advantage of local knowledge. It will not catch the truly bad actors who are doing the most harm.
Seven, support a strong environmental assessment process. We recognize that there is a federal panel reviewing the EA processes and we support efforts to improve that legislation. The Fisheries Act should be part of a federal government culture of environmentally responsible decision-making, transparency, and public participation.
Eight, empower the civil service to enforce protections. There must be sufficient funding and staffing for enforcement activities. Enforcement officers should report to an independent supervisor, such as the Attorney General, to avoid the influences of regulatory capture.
For the most part, the Fisheries Act once did all of these eight things. Our ninth and final recommendation is to add something new. It is that the Fisheries Act should promote the development of scientific and traditional knowledge.
The way forward isn't just to patch the Fisheries Act and hope for the best. The Government of Canada's goal shouldn't be to prevent the deaths of a few more fish or to restore a tiny fraction of the tiny fraction of habitat that we have left. The goal should be to become a world leader in the protection of fish and fish habitat. The way forward is to develop a knowledge base that can inform not only Canadian decisions, but decision-making around the world.
We should be investing in scientific study, commercial research, and traditional knowledge to become a world leader. Knowledge—not oil, trees, rocks, or water—is the greatest gift that we can offer the world. Committing to sustainability and informed decision-making will drive innovation, and that is the foundation for Canada's prosperity.
Thank you.