We recommend the legal requirement for notifications and the ability to easily see where works are occurring for planned monitoring of authorized and non-authorized works. Bringing back the former section 35, the HADD, would bring with it the precedents from past court cases and build on a foundation. Policy that supported the previous section 35 had as its objectives the net gain of habitat for Canada's fishing resources.
I want to mention again that DFO staff were also there to help people prevent causing a HADD and stay on the right side of the Fisheries Act. They were there to provide local knowledge to municipalities, to participate in decision-making, and to assist with meaningful mitigation or compensation plans. Granted, there was some head-butting, but by having strong regulations and knowledgeable people and the occasional pot of money for restoration works, people came together to find solutions to work on mutually beneficial projects. Agricultural areas found ways to work with their channelized waterways to accommodate fish populations while protecting their stream banks from erosion. This is a win-win for farmers and fish, but it takes partnerships and the long-term commitment by the agencies and the land owner. Restoring a stream is not cheap. Proactive protection is the preferred pathway.
Canada is the second largest country in the world with the second largest amount of fresh water. We would be expected to have strong, enforceable protection measures. The purpose of the Fisheries Act is not to stop development. It is to set conditions under which the development can occur, but it is to have a focus on the protection of our fish and our fisheries.
We look forward to reading your recommendations and continue to work with government under the new Fisheries Act. We also look forward to the re-establishment of the habitat management program to administer habitat protection provisions under this new act.
Thank you.