Thank you, Mr. Chair. Good morning to you, and to the committee members. I'm pleased to be here today to talk about this critical issue.
We believe that amended legal provisions in the Oceans Act can help speed up the slow pace of ocean protection. Law is one of the solutions, and you have the power as legislators to recommend and make legal changes to the Oceans Act.
Progress in ocean protection lags far behind progress in park designation on land; however, where there's a will, there's a way. Political will is the first necessity, and your government has shown that it wants to play catch-up.
Other countries have made astonishing progress in a short time frame. The U.K., Scotland, Australia, California, all the countries in the European Union, and South Africa are examples. Many of these places with successful records on MPAs share a key feature. They have introduced bold new laws or policies that compel action. Canada can learn from their experience. A strong legal foundation is one of the enabling conditions of success.
MPAs do work, as you've heard from other witnesses. I won't go over the science, because I am not a scientist. I am a lawyer.
We also need to remember what we've lost. A former fisheries minister testified to Parliament during debate on the Oceans Act and recalled what John Cabot said when he reached the shores of Newfoundland in 1497. He found the sea swarming with fish that could be taken not only with a net, but with baskets let down with a stone. There are many similar stories in our history. There's no doubt the oceans are no longer as full of fish as when John Cabot came to our shores.
I'd like to make three key points today from my expertise in law. First, there is a great opportunity now to re-establish Canada as a leader in ocean law. Second, your report can help the government with one of its five points in its action plan by recommending legal amendments for faster and more effective MPAs, and third, it's time for Canada to meet its legal obligations.
First, on re-establishing Canada as a leader in oceans law, Canada took a lead role in drafting the UN Convention on the Law of the Sea. Canada passed the Arctic Waters Pollution Prevention Act in 1970 to ensure special protection for that area, and former prime minister Brian Mulroney was the first world leader to sign the biodiversity convention in 1992, which is the foundation for our legal obligation to create protected areas on land and at sea.
At the time the Oceans Act was passed in the late 1990s, it was groundbreaking, comprehensive legislation dealing with oceans in a holistic manner, but that leadership role has been lost due to its slow implementation. We've prepared a chart comparing countries similar to Canada and their progress in designating MPAs. I apologize that I have it only in English, but I do have copies available.
The timeline shows different rates of progress. The results are quite startling. In 20 years Canada has protected less than 1% of the ocean. That is less than 1%, in 20 years, under the Oceans Act. Contrast this to progress in the U.K. In the seven years since the Marine and Coastal Access Act was passed in 2009, MPAs have grown from 6% to over 20% of U.K. waters, and they are not done. In the next year the government will legally designate another group of MPAs to its network. In less than half the time we've been at it, the U.K. has far outstripped Canada with progress. We are at 1%. They are 20%. They are also aiming higher. Their biodiversity strategy calls for 25% of English waters to be protected. Just last week their Environmental Audit Committee released a report, “Marine Protected Areas Revisited”. I urge you to look at that.
Second, the government is considering how to reach the fifth point in Minister LeBlanc's oceans action plan, which is to establish marine protected areas faster. The government pledged to “Examine how the Oceans Act can be updated to facilitate the designation process for MPAs, without sacrificing science, or the public’s opportunity to provide input.” This committee can assist with that work and its recommendations, and we encourage you to recommend amendments to the Oceans Act. The recent report from the environment committee has some excellent recommendations that this committee could repeat for emphasis.
In our view, the government can short-circuit the prolonged process, which on average takes seven to 10 years to create an individual MPA under the Oceans Act, and provide guidance by putting minimum protection standards into the act.
The science is clear on the need for these standards. The law should incorporate the science and be equally clear. We have three recommendations on how to incorporate these standards for more certainty for ocean users.
First, set general prohibitions against damaging activities instead of negotiating on a case-by-case basis each time.
Second, require assignment of an IUCN category to each MPA, as the IUCN guidance documents suggest. I know you heard from Dr. Dan Laffoley of the IUCN, and we have Stephen Woodley here who can also talk about the IUCN. This is the global standard, and IUCN categories, when established for each MPA, are a very good management tool.
Third, you could recommend that ecological integrity be the primary goal for the marine protected areas, as it is for land protected areas such as under the Canada National Parks Act. The law could also establish timelines. Setting out milestones and key deliverables in the law has proved successful in the European Union.
Finally, it's time to meet our legal obligations. These come from a number of sources, including treaties like the Convention on Biological Diversity from 1992, the Convention on the Law of the Sea, and targets like the Aichi targets you've heard about, and also the UN sustainable development goals.
The numerical target of 10% is a decade old. In 2006, the eighth conference of the parties to the biodiversity convention adopted the 10% protected area target. Another chart that we prepared shows the evolution of these legal provisions over the years. Canada is legally obligated to protect marine areas.
In conclusion, now is the time for Canada to regain its leadership in ocean law and ocean protection. Now is the time to make good on the promise of the 20-year-old act by strengthening it and making it more robust and effective. Now is the time for effective marine protected areas for our salmon and cod nurseries, our whale-breeding grounds, and our 1,000-year-old glass sponge reefs, among other ocean wonders.
Now is the time to take steps to ensure all three of our oceans are healthy and remain that way for future generations. As legislators, you can act. The Prime Minister has given you the mandate to ramp up ocean protection. Where there's a will, there's a way.
Thank you.