Fisheries Committee on Dec. 7th, 2017

[Darren Goetze]

Mr. Chair, first of all, let me say that the language tabled here is exactly the same as the language used in the Fisheries Act.

Enforcement officers can, in fact, cause records to be copied at the expense of the premises where the copying takes place. From a practical perspective, the copying of materials often prevents the seizure of materials. This allows for business continuity in the case of fishing logs or other records required to continue business operations.

From a practical standpoint, it's often preferable for a business owner, a fisher, to provide the documents in a copy format rather than in the original format.

[The Chair, Liberal, Scott Simms]

Thank you, Mr. Goetze.

Mr. Doherty.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

I appreciate Mr. Goetze's comment, and that is exactly the testimony we heard from the stakeholders, that this has allowed them to continue their operations; however, there is a cost incurred by the organization.

[The Chair, Liberal, Scott Simms]

It's inadmissible, so let's move on. That was CPC-14.

Now, we have CPC-15.

Mr. Doherty.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Chair, we'll try to move this forward as quickly as possible.

This amendment is linked to section 39.1(1) which allows an officer who is verifying compliance to examine the thing and take samples free of charge. The proposed addition of “without creating undue hardship to the entity of inspection” seeks to provide some certainty that samples taken free of charge are not of significant monetary or sentimental value. For example, an officer could not take three tonnes of lobster, which were seized recently, or fishing gear.

The amendment would be that Bill C-55, in clause 10, be amended by replacing line 3 on page 6 with the following:

ficer considers appropriate, without creating undue hardship to the entity involved in the inspection.

So the entire (1.1) on page 6, under the heading “Disposition of samples”, would read with our amendment, if carried, “An enforcement officer may dispose of a sample taken under paragraph (1)(b) in a manner that the officer considers appropriate, without creating undue hardship to the entity involved in the inspection.”

[The Chair, Liberal, Scott Simms]

Shall the amendment carry?

(Amendment negatived)

On CPC-16, Mr. Doherty.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

This amendment proposes the addition of language reflecting that information must be requested and ordered before it is provided.

The amendment is that Bill C-55, in clause 10, be amended by replacing line 19 on page 6 with the following:

(b) on request or order of the enforcement officer, provide the officer with informa-

Under the title “Assistance“, on page 6, paragraph (1.3) says that the “owner or the person in charge of the place, and every person found in the place shall”, and paragraph (b) reads:

(b) provide the enforcement officer with any information or any book, record, electronic data or other document, and access to any data, that are reasonably required for that purpose.

We are suggesting that on request or order of the enforcement officer, provide the officer with any information or any book, record, electronic data, or other document. That's all.

[The Chair, Liberal, Scott Simms]

Shall the amendment carry?

(Amendment negatived)

(Clause 10 agreed to)

(Clause 11 agreed to)

(On clause 12)

On CPC-17, Mr. Doherty.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

This goes to examples of seizures of fish that perhaps go to waste. This amendment targets release of seized fish, and seeks to ensure that the fish or other perishables are not allowed to spoil or go to waste unnecessarily.

Clause 12 would be amended by replacing line 14 on page 12. It currently reads:

(3.1) The enforcement officer who seizes any fish as defined in subsection 2(1) of the Fisheries Act may, at the time of the seizure, return to the water any fish that they believe to be alive.

We are suggesting that Bill C-55, in clause 12, be amended by replacing line 14 on page 12 with the following:

“believe to be alive and shall take reasonable measures to avoid unnecessary loss or waste of fish or any other perishable things seized.

[The Chair, Liberal, Scott Simms]

Mr. Donnelly.

[Fin Donnelly, NDP, Port Moody—Coquitlam, BC]

Mr. Chair, this is a reasonable request and a good addition. I'll support the amendment.

[The Chair, Liberal, Scott Simms]

Shall amendment CPC-17 carry?

(Amendment negatived)

(Clause 12 agreed to)

(On clause 13)

On amendment CPC-18, Mr. Doherty.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Chair, again, going back to the testimony that we've heard time and again, with conflicting testimony with respect to potential closures and the testimony we heard that fishermen can just move to other areas, this amendment recognizes a need to respect interests held by licensed commercial fishermen when the waters they fish are included in an MPA. As such, if and when the creation of an MPA displaces fishermen holding licences to fish waters of the MPA, those fishermen ought to be entitled to compensation through a predefined process, with a limited period for the fishermen and the minister to negotiate the terms of compensation.

We are suggesting that Bill C-55, in clause 13, be amended by adding after line 24 on page 12 the following:

39.51(1) The Minister may enter into negotiations with any licensed commercial fisherman, in respect of any designated marine protected area, for a determination of any compensation that may be granted to the licensed commercial fisherman for the loss of all or part of their livelihood to the extent that the loss can be established to have been incurred as a result of the designation of the marine protected area and all such loss is recoverable with costs in proceedings brought or taken with respect to that loss in any court of competent jurisdiction. (2) For the purposes of subsection (1), the Minister shall send a notice to the licensed commercial fisherman informing them of the Minister's intent to enter into negotiations with them within the period specified in the notice. (3) The Minister may, by order, cancel the negotiations if the licensed commercial fisherman does not enter into negotiations with the Minister within the period specified in the notice or if, in the opinion of the Minister, the compensation to be granted to the licensed commercial fisherman for the loss incurred has not been determined within a reasonable time during the negotiations. (4) The Minister shall, in the order, specify the amount of the compensation to be granted to the licensed commercial fisherman in respect of the loss incurred.

We believe this is a fair and reasonable request and amendment to Bill C-55, given that we have heard testimony from all sides that there are concerns and that there could be some displacement in terms of livelihoods and fisheries.

With respect to this amendment, we believe that we've also covered the department and the minister on this, because the onus will also be on the fishermen and the stakeholders to provide and to enter in good faith into negotiations with the ministry and the department.

Thank you.

[The Chair, Liberal, Scott Simms]

Thank you, Mr. Doherty.

Upon reflection on this particular amendment, there are two elements here. You're proposing to establish a negotiation procedure for the compensation of fishermen. On that, there are two things. I'll refer first to page 767, which talks about.... You're asking the crown to spend money. I'm not going to quote from that; I just did that. However, compensation of fishermen would impose a new charge on the public treasury. In addition to that, I refer to page 766, which states, “An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.”

It is my opinion that the negotiation procedure does go beyond the scope of the bill. Therefore, for both those reasons, I have to deem this amendment inadmissible.

(Clause 13 agreed to)

(Clauses 14 to 17 inclusive agreed to)

On CPC-19, Mr. Doherty.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

This is a new clause, Mr. Chair.

[The Chair, Liberal, Scott Simms]

It's clause 17.1, yes.

Go ahead, sir.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Chair, we propose having annual reports in which the minister will report to Parliament specific details of the MPA designations in respect of the designation, reasons, and possible additional measures required to make sure conservation reasons are respected. With respect to this amendment, Mr. Chair, we are requesting That Bill C-55 be amended by adding after line 21 on page 21 the following new clause:

17.1 Section 52 of the Act is replaced by the following: 52(1) The Minister shall, as soon as feasible after the end of each fiscal year, prepare and cause to be laid before both Houses of Parliament a report on the administration and enforcement of the provisions of this Act for that year. (2) The annual report shall include the following: (a) the marine protected areas designated during the relevant reporting period; (b) the extent to which, in the opinion of the Minister, the conservation reasons stated for each designated marine protected area have been respected; and (c) any further measures which, in the opinion of the Minister, are required to be taken in relation to each designated marine protected area in order to ensure that the conservation reasons stated for it are respected.

Mr. Chair, I offer to the committee and to those who are listening that this is again in the spirit of transparency and accountability to ensure that, from this process we are entering into, we are achieving the results that are desired and that if there are any other measures that are required, that the department and the minister report before the House to provide those details.

[The Chair, Liberal, Scott Simms]

Thank you, Mr. Doherty.

Shall amendment CPC-19, which would create new clause 17.1, carry?

(Amendment negatived)

(Clauses 18 to 20 inclusive agreed to)

Shall the title carry?

[Some hon. members]

Agreed.

[The Chair, Liberal, Scott Simms]

Shall the bill as amended carry?

[Some hon. members]

Agreed.

On division.

[The Chair, Liberal, Scott Simms]

Shall I report the bill as amended to the House?

[Some hon. members]

Agreed.

[An hon. member]

On division.

[The Chair, Liberal, Scott Simms]

It is so ordered.

Ladies and gentleman, we have completed Bill C-55.

I know you have to go; however, I beg the committee's forgiveness on this. We need to go in camera to accept a subcommittee report, so I'm going to suspend for a couple of minutes to accept the report.