With the way the act is currently worded, section 2.5 says, “the Minister may consider, among other things”, and then it lists, under paragraph 2.5(g), “social, economic and cultural factors in the management of fisheries” and, under paragraph 2.5(h), “the preservation or promotion of the independence of licence holders in commercial inshore fisheries”.
There are a few problems there. First, indicating that she may consider these things is not strong enough wording, and I think that makes it difficult. I think it makes the minister and the department nervous to make bold decisions, because the act is vague. I think the wording should embolden them by saying “will” or “must” when considering those things.
Also, the wording about the independence of licence-holders in commercial inshore fisheries is often used by the department to say that this part only applies to the east coast, so that language needs to be changed. Although Minister LeBlanc at the time said that the use of the word “promotion” of independent licence-holders made it also apply to the west coast, in actual practice on the ground, it's not being used in that way.
I think the act specifically needs to make very clear that the minister's responsibility is to always consider these things and that these things apply to the west coast as well.