Mr. Speaker, we have heard this speech before and saying it louder and more often does not make it any more true.
In fact, the proposed act reflects the wishes of fishermen in this country and would ensure that individuals who are licensed to fish will fish the resource for the benefit of their families and all Canadians.
Fishermen have repeatedly told us that they want predictable, stable and transparent decision making and that they want to be involved in decisions that affect their lives. They know that sustainable fisheries for the future means that conservation has to be their first goal. Bill C-45 considers all of these factors.
What Bill C-45 does not do is privatize the resource or corporatize the fishery.
The notion of fisheries as a common property resource is the law of the land as stated by the Supreme Court of Canada in 1997.
In the case of Comeau's Sea Foods Ltd. v. Canada, the Supreme Court of Canada stated:
Canada’s fisheries are a “common property resource”, belonging to all the people of Canada. ...it is the Minister’s duty to manage, conserve and develop the fishery on behalf of Canadians in the public interest.
The concept of a common property resource is spelled out in several sections of Bill C-45 so that the public resource would continue to be managed on behalf of the public by a public authority and in the interest of all Canadians.
In the proposed bill, the preamble declares that, “Parliament is committed to maintaining the public character of the management of fisheries and fish habitat”.
Further evidence that the act would uphold the notion of the fisheries as a public resource is found under the considerations pertaining to access and allocation.
It states that the minister and others who administer the act must encourage the participation of Canadians in the making of fisheries management decisions, as well as decisions around the conservation and protection of fish and fish habitat.
The importance of maintaining the public access to the fishery is explicitly stated as an important consideration in section 25.
The bottom line is that we need to modernize the way we manage fish and fish habitat, and that is what Bill C-45 would do. Unlike the current act, Bill C-45 would require us to consider impacts on habitat from fishing. It would require us to consult with industry when changing the rules of the game. It would give us and the industry the tools to strengthen industry participation in the day to day management of the fisheries.
It would give a formal role to a broad range of stakeholders in determining how fisheries should be managed. It would take the politics out of access and allocation so that industry could focus on making their businesses viable and economically competitive in a modern and global marketplace.
In short, we are modernizing the fisheries management and the Fisheries Act to meet the needs of a modern industry, one that has evolved significantly over the last 20 years, not to mention over the last 139 years, with an absolutely clear commitment to the sustainable use of the fishery resources for present and future generations.
Like everything in life, use of a common property resource requires rules. Similarly, there are obvious boundaries on the public right to fish. It has been a regulated activity since the dawn of Confederation. In fact, there is currently very little fishing in tidal waters that is not completely regulated by federal legislation. That would continue under Bill C-45. Without regulation and appropriate legislation, there would be chaos on the water and the health of fish stocks would be in peril.
Unlike the current act, which makes no reference at all to common property resource or the public right to fish, a renewed Fisheries Act would set in place rules so that Canadians can continue to engage in fishing activities now and in the future.