I apologize that I can't be in the room with you today.
We did discuss the previous discussion with the provinces, after the meetings on March 21, and we did reflect further on the testimony that was provided during the hearings. Both the provinces and Natural Resources Canada recognize that the principal section in Bill C-49 could be further strengthened to ensure that potential effects on fishing activities are considered during the submerged land licence issuance process.
However, we feel that the language that was adopted by the committee in that subamendment is sufficient, and the provinces were not supportive of making further amendments.
They did provide a number of supporting points as to why they felt concerned about making additional changes, including “maintaining the environmental characteristics of the offshore area”, in part because of the role and purpose of the regulator, which is of course to ensure the responsible development of offshore energy projects.
They raised some additional considerations that the term “environmental characteristics” is not well understood. It doesn't have a common definition or accepted meaning in common law, and we were not able to find any other federal legislation that uses this terminology. There were a number of concerns raised on the part of both governments and the provinces about establishing such a broad and open-ended requirement that doesn't have established tools or guidance to support the regulator in carrying out that duty. Ambiguity like that often increases the risk of challenge, creates a great degree of uncertainty for both the regulator and industry, and when we're looking to develop a new industry with offshore renewables, it is quite challenging.
That said, government does recognize the importance of the fishing sector, and of course the importance of the environment. We do feel that the provisions that are already set out in both part II and, particularly, part III of the accord acts, and in Bill C-49, which is all about regulation of specific projects, are the appropriate place to assess and consider the potential impacts on fish.
Thank you.
