Evidence of meeting #118 for Fisheries and Oceans in the 44th 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.

On the agenda

MPs speaking

Also speaking

Mark Waddell  Director General, Fisheries Policy, Department of Fisheries and Oceans
Clerk of the Committee  Ms. Geneviève Dubois-Richard

The Chair Liberal Ken McDonald

I call this meeting to order.

Welcome to meeting number 118 of the House of Commons Standing Committee on Fisheries and Oceans.

This meeting is taking place in a hybrid format pursuant to the Standing Orders.

Before we proceed, I would like to make a few comments for the benefit of the witnesses and members. Please wait until I recognize you by name before speaking. For those in the room, you can use the earpiece and select the desired channel. Please address all comments through the chair.

Pursuant to Standing Order 108(2), section 92 of the Fisheries Act, and the motion adopted on February 8, 2024, the committee is commencing its statutory review of the 2019 Fisheries Act.

Welcome to our witnesses from the Department of Fisheries and Oceans.

We have Madam Ladell, Mr. Ruseski, Ms. Jennifer Buie and Mr. Waddell. I believe all of you have been here before.

Go ahead, Mr. Arnold.

5:25 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Thank you, Mr. Chair.

I'd like to thank the witnesses for being here today.

I would like to move a motion that's very relevant to our study of the Fisheries Act. I will read it out for discussion.

The Chair Liberal Ken McDonald

Can I finish with the witnesses?

5:25 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

If you'd like to finish the introduction....

The Chair Liberal Ken McDonald

Thank you, witnesses, for taking the time to appear today.

When we get through the motion or some delivery from Mr. Arnold, I believe we'll have Mr. Waddell up for your opening statement of five minutes or less.

Mr. Arnold.

5:25 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Thank you, Mr. Chair.

I think it's very relevant that this committee be well informed in order to do a comprehensive review of the Fisheries Act as we've been directed.

I move the following motion:

That following the committee’s completion of its studies of Abandoned and Derelict Vessels, Northern Cod, and following the Minister’s appearance on October 9, 2024; and that in order for the committee to conduct a comprehensive review of the Fisheries Act; that the committee will not begin the Fisheries Act review until it has received from the Department of Fisheries and Oceans (DFO) comprehensive briefings updating the committee on the actions and work completed for implementing recommendations the committee provided to the Government in the following reports:

(a) "Closure of the Comox MCTS Station of the Canadian Coast Guard" (tabled May 6, 2016);

(b) "Wild Atlantic salmon in Eastern Canada" (tabled January 30, 2017);

(c) "Review of Changes Made in 2012 to the Fisheries Act: Enhancing the Protection of Fish and Fish Habitat and the Management of Canadian Fisheries" (tabled February 24, 2017);

(d) "Newfoundland and Labrador's Northern Cod Fishery: Charting a New Sustainable Future" (tabled June 19, 2017);

(e) "The Oceans Act's Marine Protected Areas" (tabled June 11, 2018);

(f) "Atlantic Canada Commercial Vessel Length and Licensing Policies" (tabled June 19, 2018);

(g) "Current State of Department of Fisheries and Oceans' Small Craft Harbours" (tabled June 20, 2019);

(h) "Regulation of the West Coast Fisheries" (tabled February 8, 2019);

(i) "Impact of the Rapid Increase of the Striped Bass in the Miramichi River and the Gulf of St. Lawrence" (tabled May 28, 2019);

(j) "Aquatic Invasive Species" (tabled June 17, 2019);

(k) "Migration of Lobster and Snow Crab in Atlantic Canada and the Impact of Changes to Lobster Carapace Size" (tabled June 17, 2019);

(l) "Implementation of Mi’kmaq Treaty Fishing Rights to Support a Moderate" Livelihood (tabled May 13, 2021);

(m) "State of the Pacific Salmon" (tabled June 21, 2021);

(n) "Traceability of Fish and Seafood Products" (tabled June 15, 2022);

(o) "Marine Cargo Container Spills" (tabled October 6, 2022);

(p) "Science at the Department of Fisheries and Oceans" (tabled March 9, 2023);

(q) "North Atlantic Right Whale" (tabled April 8, 2023);

(r) "Allocation of Resources to the Great Lakes Fisheries Commission" (tabled November 29, 2023);

(s) "Foreign Ownership and Corporate Concentration of Fishing Licenses and Quota" (tabled December 13, 2023);

(t) "Ecosystem Impacts and Management of Pinniped Populations" (tabled December 13, 2023;

(u) "Plans to Prevent Violence During the 2024 Elver Fishing Season" (tabled May 23, 2024).

I will ask if the interpretation was working adequately for our Bloc member and if she was able to grasp all of the motion.

I don't hear any opposition.

Mr. Chair, I make this motion because this committee has done tremendous work in the nine years that I've been involved in it. You've been involved on this committee with a number of others, including Mr. Hardie and Mr. Morrissey. We've spent nine years on this committee providing recommendations to a department.

I believe it's the senior head of the department who has not responded to these reports and recommendations in an adequate way. There are many of these reports where the responses have been.... Basically, we felt they were dismissive to this committee and our work.

More than dismissive to the committee members, the department was dismissive to the fisheries community, the harvesters and the first nations—the people who came in and took time out of their lives to participate in our meetings and testify. Some of them were testifying to the point that they were so emotional that we had to take a break. They had tears in their eyes. Some of them were concerned for their livelihoods and for their families. Some of them were concerned for their communities that rely on the sustainable management of Canada's fisheries.

The reason some of these reports have been done.... I will say that a lot of these reports were put forward by members of the Liberal Party because they identified issues and concerns.

The commercial vessel length study was put forward by you, Mr. Chair. We spent time on that. We heard about the problems it was creating and the safety issues it was creating for the harvesters. They were basically trying to find a way to survive in an industry that has been put aside for too long.

There were lists of recommendations in these reports. Some were minimal, with six or 10 recommendations. Other reports contained 35 or 40-plus recommendations for a department. These were not just for a department, but for a minister.

In this case, there were six different ministers to respond to. I don't know of any other department that has seen such a turnover in ministers. I can't say that it's gotten any better with time. It simply hasn't gotten any better with time.

It's not just this committee that's been raising the concerns. There have been reports from the commissioner of the environment and sustainable development. In 2016 there was a report that the department had not developed fisheries management plans. That had been a promise from the department from the 1990s. The department's response to the commissioner's report was that it would commit to developing a plan to develop plans. These are plans that should have been developed more than a decade earlier.

I'll quote from a 2023 report that said, “Overall, Fisheries and Oceans Canada remained unable to collect the dependable and timely catch data that it needs to sustainably manage commercial marine fisheries and protect Canada's fish stocks.”

Those aren't my words. Those are the words of the commissioner of the environment and sustainable development to the Parliament of Canada, whose job it is to audit the government and the government department on what it says it's going to do. We heard that from the commissioner when she testified to this committee. Many members in this committee may, and should, remember that. The commissioner only audits the government on what it says it is going to do and what it commits to do.

That report I just read saying that the department doesn't have the timely catch data that it needs to sustainably manage commercial marine fisheries and protect Canada's fish stocks was from 2023. The audit goes on to say that, “The type of data collected includes the quantity of catch and the bycatch species and the biological characteristics (length, weight, or sex) of the fish harvested.”

It goes on to say that, “We audited this area in 2016, and 7 years later, we found that Fisheries and Oceans Canada has yet to deliver on most of the corrective measures that it committed to in its response to our recommendations.”

I will say that those recommendations were from 2016. This report, seven years later, said that the department had not followed through on those measures. It goes on to say, "For example, while the department now has the Fishery Monitoring Policy, the policy was not supported by plans or resources, and it has not been implemented. Many important monitoring requirements that would improve the timeliness, and dependability of catch data remain absent or incomplete."

Mr. Chair, I'll speak again about the reports and the witness testimony that we've heard many times that the department doesn't know what the biomass is out there, what the catch data is and what the returns are. They cannot manage what they have not been able to measure. They have not put the measures in place to measure what is out there. I will go on to say and quote from this 2023 report. It states:

On the modernization of the department's information management systems—also a commitment made in 2016— progress has been slow. The department has spent some $31 million to improve its outdated system to have one that would integrate all of the regions and provide ready access to catch data, but the department has delivered only the initial modules of this new system and has pushed its timeline for delivery across all regions from 2020 to 2030.

That's an additional 10 years' time. Moreover,

As a result, the department still does not have a complete picture about the amount of fish harvested and their biological characteristics to make informed decisions.

Without dependable and timely catch data, the department does not have the important information it needs to support sustainable management of fisheries, and it runs the risk that fish stocks are overexploited. The collapse of the Atlantic cod in the 1990s—with its far-reaching economic and social impacts—has shown that the recovery of fish stocks is far more difficult and resource intensive than keeping any species' numbers at a healthy level.

Mr. Chair, I did not tally these up, but it has to be 20-plus reports that we have completed in this committee in the nine years that you and I and others have been members of this committee. Most of those reports were unanimous. It's gotten to the point now where there have been supplemental reports because even those reports were not as critical of the government and the department as other parties thought they should be. The responses to those reports have not been comprehensive. They've really been just a matter of passing the buck or shuffling it down the road hoping that we would not come back to it.

Early in this Parliament, I believe it was Mr. Hardie who put forward a motion that the committee undertake quarterly briefings from the department on previous reports that had been submitted and the recommendations. I believe it was supported by all members. It was certainly supported by all parties.

The first one of those we did—I believe it was the first one—was on the corporate concentration of vessels on the west coast. If I can just take a second, I can find that report. I believe it was on the regulation of west coast fisheries, tabled on February 28, 2019.I believe that was the one.

Then we had to come back and look at that, because we heard from the fisheries sector on the west coast that virtually nothing had been done. The department had assigned one person to try to determine who owned what in the quotas and licences on all of the west coast of B.C., an insurmountable task for one individual to be assigned to.

What they found was that the department does not know who owns what licence, who owns what quota or who has beneficial ownership of basically anything on the coast. This should have been a lesson for the department to respond to, and it should have been something that was addressed much earlier. I believe that to know what actions the department and the government actually have taken on that should be a comprehensive part of the review of the Fisheries Act. The regulations that are required to be adjusted, adopted and developed to do that will take a significant amount of time, and time has now passed—a number of years—since we did that first report in, I believe, 2019.

Then we restudied the issue in 2023, only to find that so little had been done that harvesters and others—the communities that depend on those harvesters—were feeling absolutely forgotten. That is not the role of this committee, nor should should it be the role of the government or the department. The well-being of Canadians, the communities they live in and the people who rely on them should be the responsibility of the members of this committee, as elected members, and of a department that they hinge their lives upon. They're not allowed to fish unless the department says they can fish. They can only fish when the department says they can fish. They can only fish under the regulations that the department develops. The department can only develop those regulations under what is permitted within the Fisheries Act.

There are so many pieces that have not been completed or completely answered for us, as elected representatives, to be able to do a comprehensive review of the act without having those questions answered.

The 2016 report, “Sustaining Canada's Major Fish Stocks—Fisheries and Oceans Canada”, was the one that I first quoted regarding the department's response to the commissioner saying that they would “develop a plan” to develop “Integrated Fisheries Management Plans”—integrated fisheries management plans that were committed to more than a decade earlier. This is a 2016 report from the commissioner.

Now, eight years later, going on nine years later, we still don't know if the department is able to develop those integrated fisheries management plans under the auspices of the Fisheries Act, an act that was revised in 2018, I believe it was, which should have provided all the tools for the department to get the job done. I would hope, and I believe, that the individuals working in that department really would have liked to get that job done.

Mike Kelloway Liberal Cape Breton—Canso, NS

I have a point of order, Mr. Chair.

I'll be brief. With respect to the member opposite, it seems to me that this is filibustering, which is fine. The filibuster is almost as long as the last meeting. The hope and the intention here was to focus on what most, if not all, of the stakeholders—at least in my riding, and I would assume in everyone else's—want, which is to get to it and get at it: the review the Fisheries Act. I can't help but think that we're pushing this today because there may be a hidden agenda. I'd like to think there's not, but there seems to be some type of hidden agenda here. I have to say that if we are here until about 7:20, hopefully we can get to it.

The Chair Liberal Ken McDonald

There's a point of order.

Mr. Perkins.

5:45 p.m.

Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

With regard to that point of order, I think that was more commentary, Mr. Chair, not a point of order. I didn't hear a rule reference there, so I would appreciate, if you're going to do a point of order in the future, that members point out what rule they are raising it under.

The Chair Liberal Ken McDonald

We'll go back to you, Mr. Arnold.

5:45 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Thank you, Mr. Chair. Even though it was not a valid point of order, I will respond to Mr. Kelloway's assertion that there may be a hidden agenda.

We question whether there isn't a hidden agenda from the government's side on this, receiving only 24 hours' notice of a change in meeting. We had four other items on our FOPO work plan before this was to take place, and then to receive only 24 hours' notice and no notice of which officials would be appearing today.... We received, just a short four hours ago, the notice of which witnesses are appearing on behalf of the ministry. It takes us a certain amount of time to prepare questions depending on who we see on the witness list. I spoke with other members of the committee yesterday, and that was a concern of theirs as well. Without knowing which officials were going to be here today it was very difficult, if not impossible, to prepare adequate questions for the witnesses here at the meeting today. I take offence to Mr. Kelloway's thinking that there may be a hidden agenda here. I believe the hidden agenda is on the government's side in trying to push this through, making sure we get this done for some reason, but I don't know what that reason may be.

I go back to some of the recommendations we made in reference to “Foreign Ownership and Corporate Concentration of Fishing licences and Quota”. This is in regard to our west coast fisheries. I'm just going to read recommendation 2:

That the Minister of Fisheries and Oceans and the Canadian Coast Guard make it a condition of licence that the licence and quota holder be the licence owner with “boots on the deck” and that, before such licence is issued, it is proven that the licence holder is a Canadian citizen and/or a 100% Canadian-owned entity; that the proof of beneficial ownership be the responsibility of the licence holder in full, and that this policy be fully implemented within two years of the establishment of an independent fishery finance agency.

The government's response was: The Government acknowledges the committee's recommendation.

The Government recognizes the importance of having Canadians benefit from Canadian fisheries, which is why these are key principles in the Atlantic inshore fishery.

That's a positive sign. Canadians benefit from Canadian fisheries. They have those principles for the Atlantic inshore fishery, but they took little or no action to implement the same principles on our west coast.

It goes on:

Regular administrative reviews and enforcement actions allow DFO to ensure that licence holders are compliant with the inshore regulatory requirements under part III of the Atlantic Fisheries Regulations, 1985 and part I.1 of the Maritimes Provinces Fishery Regulations (referred to as the “inshore regulations”).

Atlantic midshore and offshore fisheries, as well as Pacific fisheries, each have different features. Where Atlantic inshore-style policies, Canadian ownership requirements on licence eligibility criteria, or beneficial ownership transparency requirements in commercial fisheries do not already exist, the Government must adequately consult and engage with all implicated fishery participants on the potential risks and benefits of any significant changes to the licensing regime. With this in mind, DFO is engaging on foreign ownership and the concept of owner-operator requirements as part of its work on West Coast Fisheries Modernization in 2024-2025.

We're now in 2024 and coming near the end of it. We have no idea what actions have been undertaken by the department to implement what they say here.

Ken Hardie Liberal Fleetwood—Port Kells, BC

Speed up. You're putting us to sleep.

Mike Kelloway Liberal Cape Breton—Canso, NS

Take a drink of water.

Bobby Morrissey Liberal Egmont, PE

We have officials here; we want to hear from them.

5:50 p.m.

Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

If you want the floor, put your hand up.

5:50 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

If you have a point of order....

I'll go on to recommendation 3 from that report. I'm referring to west coast fisheries policy. I'm from the west coast. I'm sure if our members from the east coast were commenting, they would have the same concerns.

We have seen the concerns that have been raised by this committee. We've seen recommendations made and no action by the minister.

I'll refer briefly to the situation on the east cast with the elver fishery and the lobster fishery right now, where we have fisheries officers concerned for their safety.

My esteemed colleagues, Mr. Small and Mr. Perkins, have raised these issues that are in their provinces. For Mr. Small especially, it's been on the the recent changes to the cod fishery, which have impacted the inshore fishermen there so drastically.

We could go back to the cod report, which was one of the first reports this committee did. Believe it or not, it was in 2017. The report, “Newfoundland and Labrador's Northern Cod Fishery: Charting a New Sustainable Future”, was tabled on June 19, 2017. There are recommendations in that report for actions by the department and by the government. We should have a report on what actual actions have been taken.

Has the minister responsible directed the ministry to take actions to—

Caroline Desbiens Bloc Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Excuse me, Mr. Chair. The interpreters are asking us to mute our phone notifications, because the beeps are bothering their ears.

The Chair Liberal Ken McDonald

The sounds of dinging when someone is speaking into a microphone gets highlighted that much louder. Could we put them on vibrate or turn them off—one or the other?

Thank you for that, Madame Desbiens.

5:50 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Thank you, Mr. Chair.

I will make sure that my phone is on vibrate so it doesn't interrupt.

I don't believe it was mine. It may have been Mr. Small's. If you could put your phone on vibrate, Mr. Small, that would be great. Thank you.

Thank you for bringing that to my attention, Madame Desbiens.

As I was saying, my colleagues from Atlantic Canada would share the same concerns I have about the recommendations that were made. I won't put anybody on the spot from the Liberal side, but in casual conversations, it has been indicated that even Liberal members have not been satisfied—in fact, they have been somewhat dissatisfied—by the government responses, and not just the written responses we're receiving but the actual lack of action that has been taken by their Minister of Fisheries on reports they felt were incredibly important to the people in their ridings.

Mr. Chair, I want to carry on with recommendations in this west coast fisheries report. As I said, I'm a west coast boy, or close to the west coast. Our fisheries out there are incredibly important to me.

I'll go on to recommendation 3. It states:

That, given the flaws in Fisheries and Oceans Canada’s Beneficial Ownership Survey, Fisheries and Oceans Canada provide a detailed update and projected timeline for establishing the Canadian ownership criteria for holders of licences and quota. The timeline for the full transition to Canadian ownership should be seven years or less, as recommended in the 2021 Gardner Pinfold Consultations Inc. report entitled Comparative analysis of commercial fisheries policies and regulations on Canada's Atlantic and Pacific coasts.

Again, the government's response is relatively dismissive:

The Government acknowledges the recommendation and action is ongoing.

The Government recognizes the value of the Committee's recommendation to limit license eligibility to Canadian citizens and remains committed to continuing research efforts into license and quota leasing practices and the discussion of foreign ownership during the West Coast Fisheries Modernization engagement discussions.

There's no substance to this. What action is actually coming out of remaining “committed to continuing research”?

On “the discussion of foreign ownership during the West Coast Fisheries Modernization engagement discussions”, we've seen how these engagement discussions take months to take place. We hear from the fish harvesters, individuals who are having to pay, believe it or not, as I heard this year, for licenses to catch prawn on the west coast, which were going for $110,000.

Some hon. members

Wow.

5:50 p.m.

Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

That was before the harvester even fuelled and put gear on his boat, found a crew, paid for insurance or got his boat moored. All of those costs were on top of the $110,000 it was costing him to get a prawn license to go out for a 34-day prawn fishery, and they didn't know how successful it was going to be.

This is driving away any young entrepreneurs who would love to take over their family's operation, or a neighbouring operation, and operate a fishery to sustain their family. It's $110,000 just for the permission to be able to get out there.

The worst of it is that nobody seemed to know, within the department, who owned that licence—well, they may have known who owned it; it may have been a company—or if there was any beneficial ownership to Canadians. That was the big piece that came out of the west coast studies, both the 2019 study and the 2021 study, when we found that so little had been done.

Nobody really knows who the beneficial owners are of all of those licences and that quota on the west coast. I want to thank my colleague, Mr. Hardie, for putting that study motion forward back in.... I'm not sure whether the motion came forward in 2018 or 2019. The report came out in 2019, so it was probably months in the making.

The recommendations go on in that report:

Recommendation 4

That an independent consultation and support office for fishers be established so that owner-operators have a forum where they can speak freely and consult, sheltered from pressures placed on them by markets and by foreign companies.

It's a simple call for an independent consultation and support office—not a DFO office but an independent office. The government's response, again, was that “[t]he Government acknowledges the recommendation and challenges the Committee faced when seeking input from witnesses whose livelihoods could be negatively impacted for speaking openly about their concerns.” I believe that was the study where we had to have witnesses testify in camera with their witness names completely kept out of the report because they were afraid of retaliation by other entities that could affect their ability to operate. That was one instance of that. We had another instance when we were doing the study on the elver fishery where witnesses, again, were to testify anonymously because they were absolutely concerned about their own personal safety, the safety of their families and the safety of their possessions back home.

Those concerns have only amplified over the last few months because recommendations were made. There were tools that the minister could have used to address the lawlessness that's taken place, the imposition of what apparently is organized crime into the operation; that was the elver fishery. We've heard allegations of the same thing happening in the lobster fishery. There are tools within the Fisheries Act that the minister could have used to address the recommendations made by committee members. The minister apparently disregarded the recommendations from the committee members and didn't use the tools that are provided in the act to do her job, as the previous five ministers under this government have failed to take the steps required to deter illegal activity or unregulated activity. We've almost completed a study on illegal, unreported, unregulated fisheries, and some of the testimony we heard in that study was alarming as well.

Canada has sent huge resources offshore and partnered with international agencies to counteract illegal, unreported and unregulated fisheries elsewhere in international waters, but we heard from witnesses who were quite capable of undertaking work within Canadian waters who had not been contacted by the department or the minister about using those tools within Canadian waters.

Those recommendations will come out in the report. I hope that the department takes this intervention today seriously to heart so that the witnesses here today can go back to the minister and let the minister know how disappointed the members around this room are with her ministry's response to witness testimony and to strong advice from these committee members, which in most cases is unanimous. These are unanimous recommendations from all parties that the department and the minister take action. Without knowing if the department—

Patrick Weiler Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC

I have a point of order, Mr. Chair.

The Chair Liberal Ken McDonald

Go ahead, Mr. Weiler.

Patrick Weiler Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC

First, it's a pleasure to be joining the new standing committee of Fisheries and Oceans.

I have to say that Mr. Arnold spent more time filibustering than the Harper government spent consulting before they absolutely gutted the Fisheries Act, so what I want to know is—

6:05 p.m.

Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

It's not a point of order, Mr. Chair; it's a point of debate.