Evidence of meeting #15 for Fisheries and Oceans in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was prosecutions.
A recording is available from Parliament.
Liberal
The Chair Liberal Patrick Weiler
Thank you, Mr. Deschênes.
That finishes the first round.
We're going to move into the second round of questioning, starting with Mr. Dawson for five minutes.
Conservative
Mike Dawson Conservative Miramichi—Grand Lake, NB
Thank you, Mr. Chair.
I'd like to take a moment to thank Ms. Rogers for being here today.
What are the most common types of Fisheries Act violations we have identified in Atlantic Canada? Has there been any change in the trends of the violations over the last five years?
Director General, Environmental Enforcement, Department of the Environment
I can't give you specific statistics at this moment. I'd be happy to get back to you with more detail.
We generally take action related to the section 36(3) provisions of the Fisheries Act, which apply to deleterious substances being added to fish-bearing water or the prospect of them going into fish-bearing water. A number of our cases are related to the general prohibition.
There are also seven regulations, as I said, under the Fisheries Act. A fair number of those in Atlantic Canada would likely be related to the waste-water regulations and to pulp and paper regulations.
I can't tell you whether I have seen a major change over the last five years. I'd want to go back through our statistics to identify whether there are trends. Again, we can get that for you.
Conservative
Mike Dawson Conservative Miramichi—Grand Lake, NB
Thank you.
Are there any specific internal mechanisms that exist in your department to ensure consistency in the enforcement decisions across the various regions of your department?
Director General, Environmental Enforcement, Department of the Environment
There are, absolutely. Thank you for the question.
One of our major principles is consistency. We follow the compliance and enforcement policy. Our officers follow that.
We also have a database that we use on a regular basis to analyze how things are being completed. If we notice that something is potentially happening more in a particular region and less in another region, we address that immediately.
We have five regional directors across the country who are responsible for their enforcement teams, and we meet regularly to talk about consistency to make sure we are doing things consistently across all of our regions.
Conservative
Mike Dawson Conservative Miramichi—Grand Lake, NB
Are any of the cases you've identified common along New Brunswick's coast, especially along the Gulf of St. Lawrence and the Bay of Fundy?
Director General, Environmental Enforcement, Department of the Environment
I would have to get back to you with specifics on that.
Maybe I can ask for a little clarification. It's common law....
Conservative
Director General, Environmental Enforcement, Department of the Environment
Oh, it was “common along”. Thank you.
I will get back to you on whether we can give you specifics about the coast of New Brunswick.
Conservative
Mike Dawson Conservative Miramichi—Grand Lake, NB
Okay.
How does your department ensure the accuracy and completeness of publicly reported enforcement data, such as the annual enforcement summary and enforcement notifications?
Director General, Environmental Enforcement, Department of the Environment
We have a database where we maintain statistics on the actions that enforcement officers take. Every year we go through it. We have a team of data scientists as well as other analysts who make sure the data is accurate. If there are any concerns, they reach out directly to our officers to make sure those are complete and correct.
Conservative
Mike Dawson Conservative Miramichi—Grand Lake, NB
Does ECCC track long-term environmental outcomes associated with its enforcement actions, such as improvements in water quality and habitat recovery?
Director General, Environmental Enforcement, Department of the Environment
That is also a very good question.
I represent the enforcement side of things. We definitely work with our colleagues across the rest of the department who are responsible for things like monitoring and cumulative effects.
What we could tell you potentially is whether there's a level of recidivism. We're not the experts in whether the actual environment has specifically changed. My colleagues in other parts of the department can answer that question.
Conservative
Mike Dawson Conservative Miramichi—Grand Lake, NB
How does your department assess risk to sensitive habitats in Atlantic Canada, such as estuaries, eelgrass beds and salmon rivers, when planning enforcement activities?
Director General, Environmental Enforcement, Department of the Environment
Again, most of the actual scientific analysis is done by other parts of the department. There are biologists and other experts in the department. We certainly work with them. We look at the greatest risk to the environment and human health when we make our enforcement decisions.
We have done a number of studies, threat risk assessments and analysis, again with our data scientists, to determine what substances and what regulations and laws we should enforce to make sure we have the greatest impact.
Conservative
Conservative
Liberal
The Chair Liberal Patrick Weiler
Absolutely. Thank you very much, Mr. Dawson.
Next we will go to Mr. Klassen for five minutes.
Liberal
Ernie Klassen Liberal South Surrey—White Rock, BC
Thank you very much, Mr. Chair.
Thanks to the witnesses for being here today.
Ms. Rogers, do you think the penalties in the Fisheries Act are justified? Should they be changed at all?
Director General, Environmental Enforcement, Department of the Environment
I understand that the penalties were last changed in 2013. I cannot provide my opinion at this forum, but my understanding is that there will be a process going forward to establish whether penalties and fines across various pieces of legislation are sufficient.
Liberal
Ernie Klassen Liberal South Surrey—White Rock, BC
In your opening statement, you talked about the number of penalties that were handed out. I'm just wondering whether there's any kind of penalty where the person who has broken the law would be part of reconciliation or part of restoring whatever the impact has been of breaking the law.
Director General, Environmental Enforcement, Department of the Environment
That's a very good question.
Most of the fines and penalties that are collected as a result of prosecutions, as well as administrative monetary penalties under our other legislation, not the Fisheries Act, go to the environmental damages fund. That is run by ECCC as well. It's a separate part of the department. It basically provides money to communities to restore ecosystems and for the impacts of pollution. The funds from one particular infraction may not always go to exactly the ecosystem that was harmed. Sometimes they do, but they almost all go to restoration projects and community projects.
Liberal
Ernie Klassen Liberal South Surrey—White Rock, BC
Can you give us an example or two of restoration projects that the monies have been used for?
Director General, Environmental Enforcement, Department of the Environment
I will give you one example. I believe some funds were provided to the Ktunaxa people in the Elk Valley of British Columbia relating to some prosecutions that took place there.
I could get back to you with my colleagues from the environmental damages fund to give you more specific examples.