House of Commons Hansard #263 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was habitat.

Topics

Fisheries ActGovernment Orders

11:05 a.m.

NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

Madam Speaker, I am pleased to rise to speak in favour of Bill C-68, an act to amend the Fisheries Act and other Acts in consequence.

I would like to point out at the onset that we welcome the legislation to restore HADD, harmful alteration, disruption or destruction of fish habitat, to the act. We believe the Liberals should have done this immediately following the last federal election. There is no excuse for waiting.

Back in 2012, when the Conservative government gutted habitat protection from the act, 600 scientists and four former fisheries ministers, including two Conservatives, wrote to the government, stating that the changes in the act “would be a most unwise action, which would jeopardize many important fish stocks and the lakes, estuaries and rivers that support them.” They were right.

Over the past six years since these changes, the number of charges relating to a violation of the new section 35 under the weakened Fisheries Act legislation was zero. That means since 2012, there have been no charges. This, despite the fact that according to documents obtained by the Vancouver Sun in 2016, there were almost 1,900 complaints.

The vague language in the Conservative bill made it impossible to prove that a project would kill fish. Once habitat protections were restored to the act, we believed a thorough review to improve and modernize the Fisheries Act would engage Canadians, would be based on science, indigenous, and community knowledge, and the precautionary principle would have been undertaken, immediately after the 2015 election. That would have been the responsible thing to do, but here we are today, two years later, and finally we have this legislation.

The Fisheries Act is the key federal law for fish habitat protection and one of the key laws for marine biodiversity, and is an essential part of Canada's environmental safety net.

When announcing this legislation, the Minister of Fisheries, Oceans and the Canadian Coast Guard said that he was open to amendments that would strengthen the bill. Therefore, we will be proposing amendments for consideration.

In Bill C-68, the definition of fish habitat is improved by referring to the water fish need for survival. However, the proposed amendments do not include explicit legal protection for environmental flows, the amount and type of water needed for fish and aquatic ecosystems to flourish.

What are environmental flows? The Brisbane Declaration provides the most widely accepted and applied definition. It says, “Environmental flows describe the quantity, timing, and quality of water flows required to sustain freshwater and estuarine ecosystems and the human livelihoods and well-being that depend on these ecosystems.” Another document, which discussed the Brisbane Declaration, stated, “environmental flows are essential for providing both direct and indirect benefits on which current and future generations rely.”

We heard from Linda Nowlan of West Coast Environmental Law about the importance of protecting environmental flows at fisheries committee. She testified:

....the act must protect key elements of fish habitat, including environmental flows. The Fisheries Act should provide a legally binding national flow standard to conserve the quantity, timing, and quality of water flows, also known as environmental flows.

CSAS scientists point to this issue as a deficiency in the current regime and say that a national standard is needed. The act should define conditions of flow alteration that constitute HADD based on science advice from the Canadian Science Advisory Secretariat and used by DFO. Our brief contains more information on that. These are key changes, and if enacted, they will demonstrate the government's commitment to modernize the act.

I certainly agree with her, and on this would encourage the government to review West Coast Environmental Law Association's brief, “Habitat 2.0: A New Approach to Canada's Fisheries Act”, which includes an entire section on the importance of environmental flows.

One of the greatest disappointments of the legislation is that it would not remove the promotion of unsafe salmon farming practices and farmed salmon as a product from the Department of Fisheries and Oceans mandate, which in turn would lower impacts to wild salmon.

The government should be commended, however, for its commitment to the precautionary principle but it needs to show it with action.

The precautionary principle recognizes that in the absence of scientific certainty, conservation measures can and should be taken when there is a lack of knowledge of a risk of serious or irreversible harm to the environment and/or resources using the best available information. Under this principle, the trigger for government action to protect wild salmon is for science to demonstrate the existence of more than a minimal risk.

In my province of British Columbia, the evidence has been piling up. Graphic videos have surfaced of virus-laden bloody discharge from farmed salmon processors spewing directly into the ocean, where wild salmon migrate, blood which has been confirmed to be infected with the highly infectious virus piscine reovirus, or PRV.

CTV's W5 covered first nations' occupation of open-net salmon farms on the west coast, as the minister knows. It showed footage that contained graphic images of deformed farmed salmon and spoke about the disastrous effects of spreading disease, which, on an industrial scale, has an impact on our wild salmon population.

The documentary relayed the struggle of environmental activists to remove open-net salmon farms from wild salmon migration routes, highlighted how the farms were spreading dangerous viruses like PRV to wild salmon, and how their expansion had correlated to the dramatic decline of B.C.'s wild salmon fishery. Further, the documentary showed how the salmon farm industry colluded with government to deny what DFO had already confirmed, and that is that PRV is present in farmed salmon and is spreading to wild salmon.

In British Columbia, Gary Marty, the head scientist-veterinarian in charge of testing for disease also co-authors industry-boosting papers with Marine Harvest, the largest player in the B.C. industry.

Clearly, the federal government is in conflict because the department's mandate contains a provision to promote the salmon aquaculture industry. This goes against the Cohen Commission recommendations, specifically recommendation 3, which says, “The Government of Canada should remove from the Department of Fisheries and Oceans’ mandate the promotion of salmon farming as an industry and farmed salmon as a product.”

In the W5 documentary, the minister said that the government was committed to not expanding the industry until the science was settled. Even the department's own scientists have shown PRV and HSMI have entered the wild in the Pacific Ocean. How much more risk do we need to demonstrate before it takes action? Clearly, this industry presents more than a minimal risk. It is time to get these diseased-ridden farms off of the wild salmon migration routes.

Last week, I was copied on a letter to the Prime Minister from Chief Ernest Alfred of the 'Namgis First Nation. He wants the Prime Minister to know why they walked out of his town hall meeting in Nanaimo. It is an important message that everyone in government needs to hear. I would like to read it onto the record. It states:

Open letter to the Government of Canada

Dear Mr. [Prime Minister],

I've been asked to provide an explanation as to why our People walked out of the Town Hall in Nanaimo. Important statements needed to be made to your Government, and on behalf of our People, I'd like to strongly express our total frustration for not getting the chance to address our serious concerns.

Representatives of numerous First Nations can be clearly seen seated in front of the giant Canadian flag. I am dressed in a Peace Dance Headdress. One that we use to show our peaceful welcome, and resolve. I am also wearing a woven cedar bark tunic used in war. My peace headdress was quickly removed after we left the building. A symbolic act to show the total lack of respect being shown our Nations. In our territorial waters off the Broughton Archipelago, war has been declared against us, and the livelihoods of our coastal People.

168 days ago, we started Occupations on the fish farms in our territories. Our mission has been to peacefully record, report and protest the illegal practices in our waters. This mission is not a new one. Our People have been demanding the removal of these feedlots for over 30 years. Until now, we have never had an investigation into fish farm operations in this manner before. This self-regulated industry cannot be trusted with such important information. To be very frank, we have become more than frustrated and impatient. During the last 168 days, we've seen Fisheries Officers only twice. There is no problem with Piscine Reovirus, and that is because the Department of Fisheries and Oceans has been trying to hide it. [The Minister of Fisheries and Oceans] has teamed up with Marine Harvest and is fighting us in Court. It seems to me that the Government of Canada is attempting to reconcile with Norway but using our territory to do that. That is wrong! Our waters have never been surrendered, neither has our lands and our hereditary rights to oversee them.

The very status of fish farms in the Broughton Archipelago have come into serious question. A Norwegian Invasion has taken place in our waters and we have been forced to act to defend our investments in wild salmon. Eviction notices have been given, heavy RCMP involvement, arrests, B.C. Supreme Court proceedings, lost aquaculture industry status and reputation, Government reviews and investigations have had little or no influence on the reckless practices of the aquaculture industry, within our territories. In fact, the companies have restocked almost all the fish farms in our waters, against numerous warnings of serious consequences. We have had enough!

First Nations People, environmental groups, ecotourism organizations, and countless wild salmon economy contributors, from one end of the Province to the other, have shown us their full support and solidarity. Emails of support continue to pour in from all over the world. It seems as if British Columbia's fish farm industry has the world's attention. Meanwhile, I find it troubling, sad and embarrassing that we do not have the attention of the Federal Government of Canada. We are all saying the same thing.

Our wild salmon economy must be protected. The jobs that fish farms provide will still be there when the farms are moved to shore using closed containment technology. The economy that is so important to your government will return along the west coast. Fish farms do not create jobs - Fish farms have killed jobs along the coast!

The Federal Government must remove the open net fish farms in the Broughton Archipelago that have remained in the territories of 6 allied Nations without the consent or consultation for over 30 years. Immediate action is required if the Federal Government has any hopes of reconciliation in our territories.

With all due respect, stand with us!

Sincerely, Kwakwabalas

Chief Ernest Alfred

Swanson Island Occupation--'Namgis First Nation

Clearly, first nations have had enough. How can a government that purports a true nation-to-nation government relationship with first nations ignore these pleas for action? It is shameful. I implore the government to listen. No more studies, no more words, it is time for action. Please meet with them.

In 2017, the Standing Committee on Fisheries and Oceans studied the Fisheries Act. The New Democratic Party of Canada submitted recommendations to be incorporated into the Fisheries Act in order to fully modernize it. We recommend that in order to advance the nation-to-nation relationship with first nations, a new modernized fisheries act should: one, recognize indigenous rights in the act; two, move beyond delegation to work with first nations as full partners in fisheries management; three, recognize first nations' right to commercial trade and barter opportunities; four, include guiding principles of reconciliation that allow for and promote consent-based shared decision-making processes, for example, co-management or co-governance with first nations, and that have the flexibility to reconcile pre-existing sovereignty and first nations jurisdictional authority; five, expand factors considered in decision-making to include principles of sustainability, including ecological integrity and cultural sustainability, indigenous law, protection of inherent aboriginal rights, and the principles found in the United Nations Declaration on the Rights of Indigenous Peoples; and finally, ensure meaningful consultation, accommodation, and a consent-seeking process with first nations to build new regulations.

I hope those recommendations can be incorporated into Bill C-68 at the committee stage.

Another concern we have is that Bill C-68 gives the minister too much arbitrary power to authorize harmful development and industrial projects. I hope the government will consider amendments to update language in the bill to require decisions based on scientific evidence rather than the minister's opinion. Let us put science in and keep the politics out.

Martin Olszynski, an assistant professor in law at the University of Calgary, an expert in fishery law, agrees. He is quoted in DeSmog Canada as saying:

[T]here's an unfortunate use of "discretionary language, meaning that many components of the proposed legislation are basically up to the opinion of the minister—and requiring no specific evidence.

He went on to say:

For example, there's a section about implementing measures to manage the decline of fish stocks. The newly amended legislation includes the phrase “if the Minister is of the opinion that a fish stock that has declined to its limit reference point or that is below that point would be impacted.” That's not satisfactory for some.

In the same article, Brett Favaro, research scientist at the Fisheries and Marine Institute of Memorial University said:

I was hoping for a line that was not “if the minister is of the opinion that a fish stock has declined”, but “if the fish stock has declined as determined by the best available evidence then there should be measures in place aimed at rebuilding the stock.”

I am hopeful that we will be able to clean up some of these language issues at committee.

Bill C-68 also enacts the NDP recommendation to the Standing Committee on Fisheries and Oceans on rebuilding. We recommended that in order to prioritize the protection of fish and fish habitat, a new modernized Fisheries Act should mandate rebuilding fish stocks when they have fallen below healthy levels and mandate a report annually to Parliament on the status of Canada's fish stocks and the management decisions made for stocks in critical zones.

In October 2017, Oceana Canada released a comprehensive review of the state of Canada's fisheries and the first annual assessment of how the government is managing them. The results were alarming. They revealed that Canadian fisheries are in serious trouble with only one-third of stocks considered healthy and 13% of those in critical condition. Further, 36% could not be determined due to insufficient information.

Although the Department of Fisheries and Oceans Canada reported 19 Canadian marine stocks in critical condition, Oceana found 26 in its analysis using the same sources of information. At the time of the report, Dr. Robert Rangeley, director of science, Oceana Canada stated, “What's more concerning is that there are only three plans in place to rebuild these 26 dangerously depleted populations."

It is shameful that Canada lags behind international standards of sustainable fisheries management. In countries where governments are legally obligated to rebuild, fish populations have bounced back. The numbers are impressive. Mandatory rebuilding in the United States has meant that in the last 20 years, 43 stocks have been rebuilt. Those stocks now generate on average 50% more revenue than when they were overfished.

This is the first time rebuilding of depleted fish stocks has been included in Canada's Fisheries Act; however, details on rebuilding will be in the regulations. This does concern me, but if those regulations are strong, with timelines and targets, and if they consider the impacts of climate change and species interactions, we will be on a path to success.

I will finish with a quote by Susanna Fuller from the Ecology Action Centre, who agrees. She stated:

We will continue to advocate that the regulations require timelines and targets as well as an ecosystem approach to rebuilding, taking into account impacts of climate change and species interactions.

I am—

Fisheries ActGovernment Orders

11:25 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

I did allow for a little more time to finish the quote, and I am sure the member will be able to add to it in the question and comment period.

Questions and comments, the hon. Minister of Fisheries and Oceans.

Fisheries ActGovernment Orders

11:30 a.m.

Beauséjour New Brunswick

Liberal

Dominic LeBlanc LiberalMinister of Fisheries

Madam Speaker, I want to thank my colleague from Port Moody—Coquitlam for his comments and for the New Democratic Party's support of this legislation.

I take the member's comments that he and his party do not think the bill is perfect. We do not pretend that it is; however, we think it is a significant improvement, and we would be happy to work with him and other colleagues in the House of Commons in the committee process, obviously, on ways to strengthen it.

I took note of the member's comments with respect to the issue of environmental flow. He is right that the West Coast Environmental Law group has done terrific work on this. It inspired some of our thinking on this important issue. I would work happily with him and other colleagues on that important issue and on ways to strengthen it.

I take his comments with respect to regulations as well. It is something that has to be done in a rigorous and transparent way. We would again welcome suggestions to make sure that we get that part right.

My colleague referred to this in a question following my remarks. He is from the province of British Columbia, and I think he may have an interesting insight into how policies like owner-operator and fleet separation could in fact improve the economic security of the harvesters on the west coast. I wonder if he has suggestions on how we could take some of the benefit of these policies and see an improvement in the economic circumstances of people he and my colleagues would represent on the west coast.

Fisheries ActGovernment Orders

11:30 a.m.

NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

Madam Speaker, I know it is a very difficult challenge to try to bring what is now entrenched in Atlantic Canada and Quebec over to the west coast, which has a very different regime that has been developed over the years. However, I think it is done with consultation, working with the industry, working with a commitment to see things differently, and looking at how we benefit coastal communities that are impacted by modernization and changes.

We have dramatically seen a change over the years of losing our fish processors, and so we have to find a better way to include and ensure that our coastal communities benefit. We have to look at adjacency policies and how we incorporate what has worked in Atlantic Canada and Quebec into the west coast approach, which is definitely far advanced in terms of ITQs. We also need to look at what is best and how we can incorporate best practices, obviously, with the fish unions, those who are involved in processing and with fishing, and the commercial fishing sector, and listen to how that can change.

I would implore the minister to meet with Chief Ernest Alfred, and take the content of his letter to heart.

Fisheries ActGovernment Orders

11:30 a.m.

Conservative

Colin Carrie Conservative Oshawa, ON

Madam Speaker, I thank my colleague for his very important speech and his comments to the government which really does not listen.

I wonder if the member could comment on a statement by the Hon. Sergio Marchi from the Canadian Electricity Association. He is a previous Liberal cabinet minister. He said that Bill C-68 “represents one step forward but two steps back”. He went on to say:

In practical terms, this means that virtually any action, without prior authorization, could be construed as being in contravention of this Act...will result in greater uncertainties for existing and new facilities, and unduly delay and/or discourage investment in energy projects that directly support Canada’s clean growth agenda and realize its climate change objectives.

Here we have a government that is not listening to the conservation side of things, first nations, and is not listening to the business side of things.

I wonder if the member could comment on how much work has to be done in committee to get the bill right.

Fisheries ActGovernment Orders

11:30 a.m.

NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

Madam Speaker, in this instance on the Fisheries Act, I do believe that the government did listen. It heard very clearly from Canadians in the 2015 election that they wanted these environmental protections, like the Fisheries Act, restored. I believe the government did listen.

Through the Standing Committee on Fisheries and Oceans we provided input. In fact, the NDP provided a dissenting report. We felt that some of our recommendations did not make it into the committee's report, but many of those recommendations we found were actually in the Fisheries Act. Therefore, we do feel that the government listened to the NDP on this. We commend the government for making those changes. Our concern was that it was not implemented quickly enough, which was a promise made in the last election.

It is clear that the Fisheries Act was gutted in 2012, and that is what Canadians spoke out on. They did not want to see that happen. The Conservative government went too far in its amendments to the Fisheries Act. Scientists and many others, including former Conservative fisheries ministers, spoke out against those changes.

Fisheries ActGovernment Orders

11:35 a.m.

NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Madam Speaker, I thank my colleague for his very informative speech. It did however worry me a bit, because he mentioned that the salmon farming industry does not care that the salmon carry viruses and continue to infect other wild salmon. The industry seems to be self-regulating and the Department of Fisheries and Oceans is aware of what is happening, but the government is not taking any real action.

What impact might this have on marine biodiversity, on fisheries in general, and on human health? Why has there been no intervention, as recommended in the Cohen report?

I am deeply concerned about this, and there seems to be no action from the federal government. Protecting marine biodiversity should be part of its mandate. I think that the bill is a step in that direction. I would like the hon. member to elaborate on the ins and outs.

Fisheries ActGovernment Orders

11:35 a.m.

NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

Madam Speaker, I would like to thank my colleague from Quebec, who is a very diligent and passionate member of Parliament, and very concerned about the environment, including the impact on marine ecosystems like our fisheries.

Obviously, salmon aquaculture on the west coast is a major concern. It was a big part of my presentation to the House.

My colleague raised an excellent point about the department knowing about the impact of viruses and disease in our waters. We farm Atlantic salmon on the west coast in open net pens. Feces and materials associated with farms go directly into the ocean. As farmers know, disease is directly related to waste management, and how we deal with that waste and how we contain disease are critical. It is even more difficult to deal with when it goes directly into the ocean.

The department has been studying this problem. It knows that viruses and the disease exist, and it knows their impact on our fisheries. Once that waste is let out into the open ocean, it is difficult to get that genie back into the bottle.

We need to prevent that. The Fisheries Act needs to prevent pollution and disease from entering wild fishery habitat.

Fisheries ActGovernment Orders

11:35 a.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I want to thank the member for Port Moody—Coquitlam, who has been a tireless champion in fighting toxic fish factories, which is what they really are. They are not fish farms. There is nothing friendly or nice associated with them, as the word farm would imply. These facilities are found all along our coastline, and they are destroying our wild salmon, as my colleague has accurately described.

There is another aspect involved here. I want to see officials in the Department of Fisheries and Oceans and the minister turn their attention to tight regulation and ending the conflict of interest here.

I am also wondering if the hon. member has any views on the need to regulate seismic testing. Canada does not regulate seismic testing, and offshore boards have approved seismic testing in the habitat of endangered whales.

Fisheries ActGovernment Orders

11:35 a.m.

NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

Madam Speaker, I appreciate the intervention by my colleague in the Green Party about not only salmon aquaculture but also our southern resident killer whales.

It is critically important that we study not only seismic activity, but ship noise and other things that impact salmon on the west coast. More science is needed so that we can protect these whales and do it right. We also have to protect their food, which is the chinook salmon that they feed on.

We have to look at more science. We have to look at the impact of fish farms on chinook and wild sockeye salmon. We also definitely need to investigate how we can avoid noise that impacts whales.

Fisheries ActGovernment Orders

11:40 a.m.

Liberal

Sean Fraser Liberal Central Nova, NS

Madam Speaker, I will be splitting my time with the hon. member for Mission—Matsqui—Fraser Canyon.

I am very proud to take my spot today in the House of Commons to bring the voice of my constituents to Ottawa and speak to the proposed amendments to the Fisheries Act. There are several substantive reforms, and I would like to take the opportunity to speak about many of them. However, realistically in the time allotted, I would like to spend my time on one major issue, and that is the protection of the independent inshore fishery that is contained in the proposed revisions to the act. In particular, I would like to share some of my thoughts on the economic security that this measure would provide to rural communities like the ones I grew up in.

Madam Speaker, I hope you will afford me a bit of latitude to provide context that I believe is very necessary to explain the significance of the bill to my constituents at home in Central Nova.

I am from a community called Merigomish. It is a small community on the Northumberland Strait in Nova Scotia. I grew up in a family with six kids. I have five sisters. My parents were teachers. My parents stressed that we should get an education so we could bolster our careers in the future. I am happy that my sisters and I all took advantage of their advice and made that investment. That investment in time and resources is something I was very pleased and prepared to make. What I do not think I was adequately prepared for, and I would suggest the same would be true of my family members, was that on the back end of our education, when we were looking to join the workforce, we were not necessarily prepared to leave the place where we were raised to make a living.

If I rewind the clock to a year before I made the decision to run for office at what my family was doing, I had two sisters, both professionals in the medical industry, who moved to Ontario to find work. I became a lawyer and found a job that I absolutely loved in Calgary, Alberta. I have two younger sisters who both became teachers, one of whom moved from Nova Scotia to New Brunswick to find a job at a private school. The other was raising her daughter full time while her husband flew in and out of the Middle East so he could make a living for their household. My youngest sister was finishing up her studies at StFX and has since moved to the city of Halifax to find a job with a great accounting firm there.

If someone had asked us 10 years before what we wanted to do with our lives, I do not know that we would have had the answer, but I expect we would have said we wanted to be around home. The reality in many small towns and communities is that is not an option. I am thankful for the mobility we have as young people and professionals in Canada, but the opportunity to make a living in the community where we were raised is not a reality for far too many people.

However, there is a glowing example of an industry that allows people from the community where I was raised to stay in the community where they grew up and make a good living there. That is the fishery. If I look at my community now and go down to the wharf in Lismore, I can find Kelly, a classmate of mine from grade 2, who is still working in the fishery today. A former baseball teammate, Ryan, is a fisherman on the Northumberland Strait as well.

I was engaged in a back and forth with a constituent recently, whose husband is the owner and operator of a lobster fishing vessel. What she told me demonstrates the importance of the fishery to local communities. His annual expenditures, before he catches a single fish, were $82,000, and 90% of the expenses he incurred were spent in Pictou County alone, which is a small part of Nova Scotia. The remaining 10% were incurred with other businesses within the province. If fishermen are guilty of anything, it is of spending money in their own communities and supporting their neighbours, so they can stay in their communities as well.

The economic benefits of the fishery are perhaps obvious but worth stating. We now export over 100 different species in seafood alone. Last year, we had a record-setting $6.6 billion in seafood exports. We are pursuing trade deals with Europe, for example, through CETA, which has knocked down tariffs for the seafood sector, particularly shellfish, which will help drive the price up for seafood.

There are 72,000 Canadians who make a living in the fisheries or fishing-related activities. However, it is one thing to share these stats and talk in terms of contribution to GDP and billions of dollars, but it is more difficult to ensure that the benefits of this growth accrue, not only to the wealthiest Canadians who may have some sort of a corporate interest in the fishery, but to people who are doing work on the ground or, in this case, in our waters. This is why this bill before the House of Commons is so important. It is going to help bolster the economic security not just of fishermen but of rural communities, and allow them to stay alive.

If I look at measures contained in the bill that are going to help protect the economic security of rural communities, I have a lot of hope. My hope comes not just from the words in the legislation, but from my conversations with the minister. This is a project that I have been advocating for and working on for two years. This is a project that I have been seeking advice on from local fishermen, to ensure that their voices are not just represented in the House of Commons but embedded in the legislation we are looking at today.

Upon the passage of this bill, the minister would have the authority to consider economic, social, and cultural factors when making decisions about licensing. The minister would specifically have the authority to consider the need to protect and preserve an independent inshore fishery.

It is incredibly important for the communities I represent that the licence-holders retain the benefit of their licence. It is incredibly important that the licence-holders are the ones who are actually fishing.

The bill also contains measures that prohibit certain kinds of corporations from owning a fishing licence. This is not some sort of anti-corporate tirade; there is a very real danger posed to rural communities by some of the commercial relationships that exist in the fishery today. There are large corporations who have the ability to snap up a number of different licences, so to speak. What they might try to do is buy out 50 fishermen. The fishermen can still fish, but the benefits of their licence are going to come to those who have a large facility, where they can add value to the product. That can be a good thing, but over time there could be practical implications for the captain of a fishing vessel who has been supporting his family, and perhaps his parents before him were supporting their family. That captain who is making a good living today could become a minimum wage employee in the future. That does not sit well with me.

It is one thing to take my word for it, but in speaking with my constituents, they had something to say. I would like to share a statement from the Northumberland Fishermen's Association and someone I have incredible respect for, Ronnie Heighton, who is a strong advocate not just for the fishery but for the rural economies more generally. This letter says, “It is vital to the core industry that individual fishermen be required to fish their licence personally. The fleet separation policy is crucial to ensure that those that generate an income from fishing are not a processor but instead an individual licence-holder. The importance of supporting middle-class jobs by keeping these benefits from individual fishing within our communities is essential to the local economy.”

I thank Ronnie for sharing this information with me, for the education, and for being someone I can lean on when I need advice on how to best represent the interests of fishing communities here in the House of Commons.

I would also like to take this opportunity to thank the minister, who has been a fabulous partner to work with on this file. His father, perhaps decades before, started a project, and his son, the hon. minister, is now finishing the job.

I am proud to see this legislation go forward, and I am proud to be a representative for my communities. I campaigned in 2015 to be a voice for my constituents in Ottawa and not the other way around. Seeing the words that my constituents have spoken to me embedded into legislation, knowing it is going to enhance the economic security of rural communities and rural coastal communities throughout Atlantic Canada, makes me extraordinarily proud to stand in this House today.

Fisheries ActGovernment Orders

11:45 a.m.

NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

Madam Speaker, the member spoke about the economic impact to the fishery. He also spoke about the importance of protecting a way of life that he described. As members know, Canada's fisheries industry employs more than 72,000 Canadians and exports more than $6-billion worth of seafood a year, which the member touched on. One critical thing that this act does is to rebuild fish stocks. It sets in motion the importance of ensuring that rebuilding fish stocks is included in the Fisheries Act.

We know what is critical is that there be strong regulations, with timelines and targets, that ensure these rebuilding plans will be taken seriously by the department. Will my colleague commit to ensuring that these strong regulations will follow, with timelines and targets, with these rebuilding plans?

Fisheries ActGovernment Orders

11:50 a.m.

Liberal

Sean Fraser Liberal Central Nova, NS

Madam Speaker, before addressing this question, I would like to say that there is important work already happening under the government to restore fish stocks. I know of projects in my own riding to rebuild salmon populations in the West River in Sheet Harbour and the St. Mary's River in Sherbrooke.

Of course it is extraordinarily important that Canadians have faith that when we talk about rebuilding fish stocks, it is not simply an opportunity to have niceties. We have to have a process in place that they are going to have faith in. We have to have a rigorous and very transparent consultation when we are developing regulations to demonstrate that, on a timeline, we are going to be able to provide the work that we need to do to ensure that the fish are going to be there, so that the rural communities that I want to defend today have an opportunity to fish, not just today but for generations to come.

Fisheries ActGovernment Orders

11:50 a.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I am actually fairly encouraged that we have legislation before us that is really going to have an impact on fish habitat going forward.

I know the Atlantic caucus and the B.C. caucus are fairly excited about the fact that we do have legislation, legislation that we have been waiting for. I wonder if my colleague could share his thoughts on the importance of bringing forward this legislation today. We know there has been a great deal of discussion amongst caucus members who want to see action on this front. We have a minister responsible who has really led the charge in ensuring that we are in fact protecting fish habitat, looking at ways we can expand protection and the quality and quantity of fish going forward.

Fisheries ActGovernment Orders

11:50 a.m.

Liberal

Sean Fraser Liberal Central Nova, NS

Madam Speaker, I will take that a step further and say that the importance of the legislation is not just something that the caucuses care deeply about, but in fact something the people we represent care deeply about.

The movement towards this legislation has been an incredible exercise in democracy. What I have seen in our Atlantic caucus is people speaking passionately about conversations they have actually had with constituents, who said, on December 5, 2012, that they were disheartened to see that all the protections afforded for Canadian rivers, lakes, and waterways had been reduced to a limited number. I believe the number was 159 that were on the schedule to be protected.

When I see the measures restoring lost protections that were erased in a 2012 omnibus budget bill, I know our Atlantic caucus colleagues are thrilled because they have been listened to, but more importantly because we are able to stand here, take our place, and bring the voices of our constituents to the House of Commons.

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11:50 a.m.

NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Madam Speaker, does my colleague think that the Minister of Fisheries and Oceans should not have too much discretionary power and should instead make decisions based on facts and science?

In the previous Parliament, we had problems when the government muzzled scientists. Now, this government is saying that it is important to make science-based decisions, but there is nothing in the wording of the bill to say that the decisions must be based on science. Rather, the bill says that the minister may make decisions based on his own opinion. I think this should be fixed.

What does my colleague think?

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11:50 a.m.

Liberal

Sean Fraser Liberal Central Nova, NS

Madam Speaker, this is extraordinarily important. The measures that the minister takes should be based on facts, science, and evidence in all cases.

I am of the view that discretion in certain aspects of decision-making can be a positive thing, so long as the public has faith that the decisions being made when that discretion is exercised are done so in a very public and transparent way. It cannot be done to cater to some sort of private interest. It has to be done in the public interest.

Of course when science is available, we should use it for the decision-making process, but when there is a unique, particularly social or economic concern, discretion is not always a bad thing.

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11:55 a.m.

Liberal

Jati Sidhu Liberal Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, I am proud to support the proposed changes to the Fisheries Act, which would restore lost protections and modernize safeguards to protect fish and fish habitat. The proposed amendments are the result of extensive consultations over the past two years. Canadians have spoken, this government has listened, and now we are acting.

I would like to review the elements of the proposed act that address monitoring and enforcement, two areas that were seriously affected after the previous changes in 2012 and 2013. I will begin with the area of monitoring.

Throughout consultations for the proposed amendments, indigenous groups and stakeholders expressed interest in better monitoring on several levels. For example, they want to see increased reporting and transparency regarding the habitat protection provisions of the act that are being reintroduced. I am pleased to say that the government has responded to this call for action.

In line with our commitment to transparency, the act would allow the development of an online registry. This would provide information on permit and authorization decisions, as well as codes of practice and standards. Significantly, the registry would also improve the department's ability to monitor compliance with the act. Indigenous peoples and stakeholders also want to see clear standards for how proponents monitor the impacts of a project on fish and fish habitat. The proposed amendments would address these concerns by making monitoring information more accessible via the public registry.

Let me turn now to the question of improved enforcement. As we know, fishery officers are responsible for ensuring compliance with all aspects of the Fisheries Act, including provisions to protect fish and their habitats. The Fisheries Act, in 2012, reduced habitat protections, and it is no surprise that habitat-related enforcement dropped by 80% between 2004 and 2016. The proposed Fisheries Act before the House today would go beyond restoring lost protections. It would also strengthen and modernize the enforcement powers of fishery officers. I would like to highlight the specific changes.

Throughout consultations and public engagement sessions for this bill, Canadians have been very clear that they want more fishery officers on patrol and more offenders caught and held accountable. I am pleased to say that amendments are proposed to clarify, strengthen, and modernize enforcement of the act. For example, fishery officers would be granted three new powers.

First, they could require that any vessel or vehicle be stopped and moved to a place that is suitable for inspection. This would enable an officer to order a vessel back to port or order a vehicle to a safe inspection site. Second, fishery officers could exercise their powers in relation to any Canadian fishing vessels in the waters and territories of other countries, provided the countries agree. Third, fishery officers would not be liable for contraventions of the act if done in the performance of their duties, and this exemption from liability would also apply to any person accompanying them.

Other amendments under the new act would modernize the powers of courts with four new elements. First, certificates signed by an analyst could be used in court as evidence that the substance, product, or fish has been analyzed or tested by an analyst; as evidence of the results of those tests; and as evidence of the accuracy of instruments used by fishery officers. Second, courts could authorize the forfeiture of illegal fishing gear found in Canadian fisheries waters. Third, courts could authorize further extension of seizures beyond the initial 90-day period, and fourth, courts could authorize forfeiture of fish or other things that would be illegal to possess, even if no charges were laid.

Another enforcement-related amendment would provide authority for the minister to suspend or cancel a licence where a licence holder is in default of payment of a fine related to a fisheries violation.

Not all offenders should end up in the courts, which can be costly for all parties and time-consuming. Amendments would enable the use of alternative measures agreements. These agreements focus on problem solving and addressing the root cause of the contravention. They are a cost-effective alternative to the criminal justice system and have been shown to reduce relapse. The proposed amendments would extend the use of alternative measures for some offences related to fish and fish habitat when the offender has recognized his or her responsibility.

To sum up, the proposed Fisheries Act would introduce measures to strengthen monitoring and to modernize safeguards for fish and fish habitats. The department has also identified the need for more strategic planning of monitoring activities. With respect to enforcement, the amendments would strengthen and modernize the enforcement powers of fishery officers. It would give the courts new powers, while expanding the use of alternative measures.

I am proud to get behind this bill. These measures would restore lost protections and modernize our approach to safeguarding our fisheries. At the same time, they would go a long way to restoring public faith in the department's conservation and restoration efforts.

I call on all hon. members to support the proposed amendments and give it speedy passage through the House.

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Noon

NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Mr. Speaker, according to the Cohen Commission's third recommendation, Fisheries and Oceans Canada is violating its mandate and should stop promoting salmon farming as an industry, since viruses are contaminating the fish, which then contaminate wild salmon, which then contaminate the entire food chain and destroy marine biodiversity.

Does my colleague agree that promoting this industry should not be part of Fisheries and Oceans Canada's mandate, since the industry contaminates our fish stocks?

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Noon

Liberal

Jati Sidhu Liberal Mission—Matsqui—Fraser Canyon, BC

Mr. Speaker, one thing we need to understand is that we have consulted Canadians on all aspects of change. There are 2,063 Canadians who registered online, and almost 5,500 who completed an e-questionnaire. Therefore, I am very confident that the changes with respect to the concern the member brought up have been taken into consideration.

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12:05 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, at the heart of this, the government is attempting to repair the damaged legislation that was brought forward by the previous government. There is a real strong sense of our environmental responsibilities, in particular as it relates to our fisheries and oceans in this matter.

Could the member expand on where we were with the previous government and what it did in 2012 compared to where we are now, and exactly what that will do to further strengthen our commitment to the environment?

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12:05 p.m.

Liberal

Jati Sidhu Liberal Mission—Matsqui—Fraser Canyon, BC

Mr. Speaker, I thank the member for giving me the opportunity to expand on this.

Our government promised to not just return to the previous version of the Fisheries Act but to make the law even better than before. Our government is delivering on its important promise made to Canadians.

We are introducing the amendment to the Fisheries Act, which when passed, will restore and protect our fish and fish habitat. This was lost under the previous Conservative government. The proposed changes to the Fisheries Act will contribute to the advancing of reconciliation with first nations, Métis, and Inuit people, and a renewed nation-to-nation relationship, which is a priority for our government. These amendments would make it requirement to consider and protect the indigenous traditional knowledge when making certain decisions under the Fisheries Act.

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12:05 p.m.

Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Mr. Speaker, I will be sharing my time with the member for Selkirk—Interlake—Eastman.

First, I would like to highlight a comment made by my colleague from the Lower Mainland. He said that they wanted to make the act even better than it was before. I agree with him. It was pretty good. Back in 2012, the changes we made under our previous government were substantive.

Being the parliamentary outdoor caucus co-chair, we deal a lot with fishing, specifically recreational fishing. If people were lucky enough to get out last weekend to do some ice fishing, good for them. I did not have time. However, a lot of the time we have as families together, we to do exactly that.

However, it always seems a little disingenuous of the Liberals across the way when they cannot just say that they are doing something good for fisheries or they are doing something positive in Bill C-68 without giving us a shot. I would like to argue about that and defend our record.

We started a very substantive program, the recreational fisheries conservation partnerships program. We provided millions of dollars to basically local organizations to help people who were interested in seeing their own rivers and tributaries have a sustainable fishery for recreational fishers.

An article from 2015, which references the OFAH, a non-partisan group, states:

...the largest the largest non-profit charitable fish and wildlife conservation organization in Ontario, applauds the federal government’s decision to substantially increase the funding to the highly successful Recreational Fisheries Conservation Partnership Program by providing an additional $15 million over two years.

When it mentions the federal government, it is referring to the Conservative government. This is just one announcement of many. The article goes on to say, “Ours was one of 96 projects from across Canada funded in the first year of the program.” We are talking about millions of dollars.

Some people think that just the odd person goes out and fishes on a weekend, but recreational fishing generates over $8 billion in annual economic activity. Frankly, we like the heritage part of it. Personally, I like going out to fish. However, the economic activity is something to support, and that is what we did in the previous government.

For the Liberals to say that Bill C-68 is a great saviour of recreational fishing in Canada is a stretch. A lot was done before. Can a lot be done? Absolutely. We are all concerned about the numbers of fish we see in certain tributaries off the west coast and east coast, and we want to do all we can. The Conservatives and Liberals can agree upon that. To say that the previous government did nothing is not true.

I want to speak a little about Bill C-68 and what it seeks to do. This is where the previous government had it right.

The Liberals always seem to want to increase bureaucracy. They are talking about funding different groups to study what is normally done by volunteers right now. A group in Valemount does a great job of establishing salmon and fish habitat in the rivers and doing what it can to build fish ladders, etc. A lot of it is done by volunteers. It is done by local people who are interested in fishing or who just want to see a healthy fish habitat in their local community of Valemount.

However, the Liberal government is now seeking to dump a bunch of money into funding different target and study groups, spending money on what is already being done by volunteers today. Again, I would question its logic of funding things that work quite well on their own right now, being driven by volunteers. Volunteers are a good thing. They are there because they are interested and want to make our rivers and streams a better place for fish. Again, why are the Liberals throwing more money at a situation, which does not always make it better?

We see a number of challenges with returning stocks, depending on the rivers. We see efforts needing to be made. With Bill C-68, the Liberal government is maybe trying to do something that is better, but building a bigger bureaucracy will not help one fish in one river, especially in my home province of British Columbia.

We support a strong conservation effort generally. I know the member who will speak after me is an avid fisherman. Most of our speakers grab a rod and reel, so we really do care about preserving the numbers, especially the returning fish. We absolutely support any efforts that would substantively increase the numbers returning and substantially help recreational fishers access particular lands.

One item of concern, which is not really related to Bill C-68 but does relate to recreational fishing in Canada, is marine protection areas that the current government is seeking to challenge for recreational fishers in the province of B.C.

The Liberals say that they are for fisheries, et cetera, but fisheries are meant to be used by the people. Any kind of restriction of that fishery is a concern for Conservative members on this side of the House. We are definitely concerned for the long-term future of recreational fishing, the history that it brings, and all the great experience families have. We fished a couple of years ago with my kids and they all caught a fish. It was a great experience. It was one of those memorable moments of our summer of 2016.

I wish the government would spend money where money is well-received, which is literally by the fish in streams. Back in the mid-1990s, I had the pleasure to work as a carpenter on a fish ladder in a fish creek area to the north of where I live. I saw the effort that went into that by people who cared about the stream and having a sustainable fishery. A lot of that effort was done by people who were volunteering and doing it out of the goodness of their hearts, not just for a paycheque.

The government should look at what works in the current system with conservation groups in British Columbia, my home province, in Atlantic Canada, and across the Prairies. In whatever province, there are people who like to fish. I would look at what is already working. The government should do more of that as opposed to trying to change the whole regime. I do not think that is a great way to spend money and it is not a great way to have a sustained fishery in our country.

The goal for everybody in here is to try to achieve a sustainable fishery so our kids, our grandkids, and our great-grandkids can fish well into the future. I know that is the goal of our members and I know it is the goal of some across the way. Again, we want to ensure that when the government spends taxpayer dollars, it spends them wisely, not just throwing dollars at a problem expecting them to stick, and not fix it.

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12:15 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I appreciate the member's comment with respect to fishing with his family and children. My son and our next door neighbour pick up their fishing rods, walk down the street to the lake, and fish in the summertime as well. This legislation is exactly about that. It is about protecting the ability to do that into future. Sometimes we need regulation around different activities so we can ensure that future generations, our children, grandchildren, and their children, can continue this activity that so many of us have come to love.

Could the member comment on whether some legislation and regulations are necessary to ensure we have the ability to continue to do this into the future?

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12:15 p.m.

Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Mr. Speaker, I appreciate the fact that the member's kids fish. That is a great example of why we want to keep fishing a viable thing in Canada and ensure we can have it for our future generations.

There is a key part to this conversation on Bill C-68 and that this great legislation will be a fix-all of all the problems. I have been reading multiple articles, but one article said that it was not a matter of legislation; it was a matter of implementation. If we need to fix our implementation to ensure that better results will ensue, we need to look a bit closer at what that would look like, rather than throw money at a completely different group, do something completely different, expecting to have a great result. Implementation is the issue here and we need to get to the bottom of how to implement a good process in Canada.