Thanks, Kate.
I'd like to add my thanks, Mr. Chair and committee members, for the opportunity today.
Specifically I'd like to draw your attention to two commitments that DFO provided back in 2019, when the legislation was revised, and these are increased certainty for industry and reduced regulatory burden on industry.
Unfortunately, after five years, we find ourselves in a position in which neither of these commitments has been met. I do want to be clear that the revised legislation does have some very important tools that can be used if, and I underscore if, properly implemented. These include codes of practice that are avoidance measures. If you follow a preset series of conditions, there is no harmful impact on fish or fish habitat and therefore no need for an authorization.
The second one, as Kate mentioned, is the prescribed works and waters regulation. This is essentially a class authorization and, in DFO's own words, would help identify routine classes of works that would be allowed to proceed without a site-specific review from DFO, providing proponents comply with mandatory enforceable conditions. It is an efficiency mechanism.
Now, while there has been some progress with regard to the codes of practice, it has been insufficient, and, unfortunately, it appears as if there has been no progress whatsoever on the prescribed works and waters regulation. Again, I want to emphasize that it has been five years. Now these—