moved:
That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, the House:
agrees with amendments 1(b), 1(c), 2, 4, 5, 6, 7, 8, 10, 12, 13, 14 and 15 made by the Senate;
respectfully disagrees with amendment 1(a) because it is contrary to the objective of the Act that its habitat provisions apply to all fish habitats throughout Canada;
proposes that amendment 3 be amended by deleting “guaranteed,” and, in the English version, by replacing the word “in” with the word “by”;
proposes that amendment 9 be amended by deleting section 35.11;
respectfully disagrees with amendment 11 because the amendment seeks to legislate in respect of third party, or market-based, fish habitat banking, which is beyond the policy intent of the Bill that is to provide only for proponent-led fish habitat banking.
Mr. Speaker, it is with great privilege that I rise today to speak to Bill C-68, an act to amend the Fisheries Act, which will restore lost protections to fish and fish habitat and incorporate modern safeguards into the law.
Before I highlight how Bill C-68 brings forward important improvements to the Fisheries Act, I would like to thank my predecessor, the Minister of Intergovernmental and Northern Affairs and Internal Trade, the member for Beauséjour. It is due to his leadership that we are here today debating this bill which, once passed, will fulfill a promise we made to Canadians in 2015 and will ensure that our fisheries are sustainable for future generations. We all wish the minister, our friend, a very speedy and full recovery.
On this note, I would also like to extend my thanks to Senator Christmas, who is the sponsor of the bill in the other place, for his work on moving Bill C-68 forward, for his commitment to the protection of fish and ensuring that the voices of indigenous peoples are well represented. I note that he made a number of amendments that will strengthen the indigenous components of the bill that we will be accepting.
I also want to thank the other place as a whole, in particular the committee, for its study of this bill.
Today, I will begin with an overview of the bill itself, and then I will speak to the amendments proposed by the Senate.
In summary, we will be respectfully rejecting the amendments in relation to the definition of fish habitat, as well as rejecting the three amendments related to third party habitat banking.
On a minor amendment, I have already sought the agreement of Senator Christmas to make a technical change to one of his amendments so that the language reflects what is already in the bill with respect to indigenous rights.
Canadians elected a Liberal government because they knew that the Liberal Party had a plan for growing the economy and for protecting our environment. Today, we are debating an important part of that plan. Bill C-68 will restore lost protections to fish and fish habitat and ensure that the government has the tools to manage our fisheries so that they are sustainable and healthy for future generations.
The previous government gutted the Fisheries Act, made cuts to science and reduced the number of fisheries officers. These are not the types of actions Canadians want and that, in part, is why those members are sitting on the opposite side of this chamber. The Conservatives have no plan for the environment and no plan to protect our fish and fish habitat. On the other hand, this government does have a plan and that plan is working.
Bill C-68 amends the Fisheries Act to fulfill our government's commitment to better protect Canada's freshwater and marine fisheries, helping to ensure their long-term economic and environmental sustainability. The amendments we are making will modernize the act. These amendments include a new purpose clause and considerations when making decisions under the act that will provide a framework for the proper management and control of fisheries and for the conservation and protection of fish and fish habitat, including by preventing pollution.
Factors to consider when making decisions with regard to potential harm to fish include the application of a precautionary approach and an ecosystem approach, community knowledge, indigenous knowledge, and social, economic and cultural considerations.
As well, key to the proposed changes to the act are the new requirements for stock rebuilding, which will introduce legally binding commitments to implement measures to manage Canada's major fish stocks above levels necessary to promote their sustainability.
Maintaining healthy stock levels and rebuilding those that have been depleted is critical to coastal communities and to their economic viability. That is why our government in the fall economic statement announced an investment of $107 million over five years and $17.6 million per year ongoing to support the implementation of these stock rebuilding provisions. There are a number of important fish stocks that have shown declines in recent years, which is why we have committed these funds to accelerate our actions to ensure sustainability. Over the next five years, this government is committed to making major fish stocks subject to the provisions on rebuilding.
Furthermore, key to the government's commitments are the measures for the protection of fish and fish habitat with respect to works, undertakings or activities that may result in the death of fish or the harmful alteration, disruption or destruction of fish habitat, or HADD. First, we have expanded the scope to apply to all fish and fish habitat. Second, we have removed reference to serious harm, which, as many in the chamber know, was put forward by the previous Conservative government when it gutted the act in 2012. This new Fisheries Act will restore the application to HADD and would prohibit causing the death of fish by means other than fishing.
The new habitat provisions will also address major projects so that the proponents know which projects require permits. In response to industry concerns, we have also established codes of practice to guide best practices that minimize the impact on fish and fish habitat for smaller and routine projects. This will be especially critical for farmers and those in the agricultural industry who often undertake minor, routine works that relate to water.
Finally, the proposed Fisheries Act would enable ministerial regulations for the purposes of conservation and protection of marine biodiversity as well as the addition of other vital new tools, such as fisheries management orders, to quickly address threats to the proper management and control of the fisheries and the conservation and protection of fish.
Also, upon royal assent, the amended Fisheries Act will include a number of greatly needed updates, such as empowering the minister to establish advisory panels, set fees under the act and enter into agreements with indigenous governing bodies. Most importantly, the proposed legislation introduces a non-derogation clause as well as protections for indigenous knowledge when such information is provided to the government.
Bill C-68 also, very importantly, preserves the independence of our inshore fish harvesters by enshrining into law policies that support fleet separation. The legislation recognizes that when making decisions under the act, the minister can take into account social, economic and cultural factors, and the preservation and promotion of an independent inshore commercial fishery in Atlantic Canada and Quebec.
These amendments are critical if we want to ensure that our stocks are sustainable for future generations and for the communities from coast to coast to coast who depend on our fisheries and on the health of our oceans.
Under the former Conservative government, there was no plan to rebuild our depleted stocks, just like the Conservatives had no plan to protect our oceans. It is under this government that we have now successfully protected over 8% of our marine and coastal areas, up from less than 1% under the former Conservative government. We now have a clear path to achieving our 10% target by 2020.
Canadians know that this government has a plan that will protect our oceans all the while ensuring that our communities continue to benefit and that our economy continues to grow.
This bill is a testament to meaningful engagement and consultations, and we heard from many Canadians, from coast to coast to coast. Consultations were extensive and public, on key issues for industry, non-governmental organizations, provinces and territories, and indigenous peoples across Canada.
During the fall of 2016, the department participated in more than 90 meetings with indigenous groups, communities and organizations, and resource management boards established under land claims agreements.
In the spring of 2017, there was a second phase of public engagement. During this second phase, Fisheries and Oceans Canada provided approximately $900,000 to 89 indigenous groups to support their participation and engagement. The department also held over 70 meetings with indigenous peoples and nine more meetings with resource management boards, who, in turn, provided more than 170 written submissions.
The government has listened and has been responsive to many of the concerns that have been raised during parliamentary review. Both the House of Commons Standing Committee on Fisheries and Oceans and the other place have provided robust and very constructive recommendations, as well as amendments that have been supported by the government. With regard to some concerns raised by industry, particularly regarding the adoption of the amendment deeming water flow fish habitat, the government was responsive to concerns raised that the new definition's application could be unnecessarily broad and that the core intent was already captured in the bill. Consequently, the government agreed to the removal of the deeming water flow fish habitat provision from proposed subsection 2(2).
Industry also expressed concern about the provisions for the permitting of major projects under the proposed act. The government recognizes that regulatory certainty is important to industry and to Canadians and that designated project regulations may capture portions of projects that are not related to fish and fish habitat. Not all works, undertakings or activities that form part of a designated project require permits under the Fisheries Act, as many have no impact on fish and fish habitat. This is why we have introduced amendments from the government on designated projects, which gives the minister the ability to identify and make the final determination on which works, undertakings or activities will require a permit.
The intent of these amendments is to bring clarity to project proponents on which projects require a permit, and to avoid duplication with the federal impact assessment process. Providing greater certainty and cutting red tape while ensuring that fish and fish habitat are protected is very much the intent of this legislation.
This government, through Senator Harder, also proposed important amendments that were adopted by the other place that relate to two Senate public bills: Bill S-203 and Bill S-238. Bill S-203 is commonly referred to as the ending captivity of whales and dolphins act. Bill S-238 is commonly referred to as the ban on shark fin importation and exportation act. These two bills respond to increasing public concern about the well-being of cetaceans held in captivity in Canada solely for public display, as well as concerns about the impact and the nature of the practice of shark finning. I am pleased to say that the government shares these concerns and is demonstrating leadership on these issues.
This government believes that the practice of keeping whales in captivity solely for the purpose of public display should be phased out.
I believe that the amendments proposed to Bill S-203, and the coordinating amendments in Bill C-68, will help us effectively phase out and restrict the captivity of whales.
Bill S-238 proposes to amend the Fisheries Act to prohibit the practice of shark finning and to amend WAPPRIITA to prohibit the import and export or the attempt to import or export into and from Canada of shark fins or parts of shark fins that are not attached to a shark carcass.
The intent of the proposed amendments to Bill C-68 related to shark finning is consistent with the legislative policy objectives of Bill S-238 to address the practice of shark finning, which is the practice of removing fins from sharks and discarding the carcasses at sea. There is no doubt that shark finning and the illegal trade in shark fins have had a devastating impact on global shark populations. In fact, over 63 million sharks are killed every year, many for the global shark fin trade.
Canada has demonstrated international leadership on the conservation and management of sharks and was one of the first countries to develop a national plan of action in that regard. Canada continues to work with its partners, including regional fishery management organizations, to adopt effective management measures to regulate the capture of sharks in both the Atlantic and Pacific oceans.
Without these amendments in Bill C-68, Bill S-238 is likely not going to pass due to the short time remaining in this sitting. This amendment will ensure that shark finning and the export and import of shark fins will be banned in Canada.
I would now like to turn to the proposed changes from the other place to Bill C-68.
The first amendment that we will be respectfully rejecting was made by Senator Poirier in relation to the definition of “fish habitat”. Senator Poirier's amendment would change the definition of “fish habitat” from “water frequented by fish and any other areas on which fish depend directly or indirectly to carry out their life processes, including spawning grounds and nursery, rearing, food supply and migration areas” to “any area on which fish depend directly or indirectly to carry out their life processes, including spawning grounds and nurseries, rearing, food supply and migration areas”.
The original text of “water frequented by fish”, in addition to “areas on which fish depend directly or indirectly on”, increases the scope for the application of the fish habitat protection provisions. By removing “water frequented by fish”, this amendment goes against the objective of the bill to provide greater protection to fish and fish habitat across Canada. Therefore, we will not be supporting this change.
With regard to another proposed amendment, as part of the changes initially proposed, the government introduced provisions that would allow for proponent-led habitat banks. The department has been encouraging proponent-led habitat banking since 2013. Bill C-68 would enshrine this policy approach into law and provide new incentives to use habitat banking credits to offset impacts on fish and fish habitat caused by human activity. This represents an important evolution in the implementation of measures to help improve the conservation of fish and fish habitat.
Some stakeholders and senators have argued that we should go further, by expanding habitat banking to third parties and to allow cash payments in lieu of offsetting. Expanding habitat banking to third parties would allow any organization to earn credits through restoration or conservation projects. These credits could then be sold to project proponents that do not wish to create their own offsets prior to project development.
Payments in lieu of offsetting would allow project proponents to pay a fee up front instead of investing in offsetting projects prior to development. The intention is that revenues from these payments would be dedicated to aquatic habitat restoration. Third party habitat banking has its merits and is currently practised in some countries, including the biodiversity banking and offsets scheme in Australia and the wetlands mitigation banks in the United States.
However, there are important considerations and actions that we need to undertake prior to establishing third party habitat banking and fees in lieu of offsetting regimes here in Canada. First, it is the government's view that in order to offset the residual impact from a project, conservation projects created to acquire habitat banking credits need to benefit the specific fish populations and areas that would be affected by that project.
Second, this government believes that where aquatic species at risk are present, opportunities to undertake conservation projects involving the creation, restoration or enhancement of the habitat of aquatic species at risk should be given priority.
Third, in the freshwater and inland areas of Canada, provinces own the land and are responsible for resource management. In some cases, indigenous communities or governments may be responsible for resource management. Since habitat banks could certainly implicate these lands, the creation of a habitat bank requires that implicated stakeholders be consulted regarding the area in which the bank would be created. Consultation with other federal departments, provinces, territories, indigenous groups and landowners would be necessary to establish agreements to authorize these transactions. Due to these considerations, the proposed amendments to Bill C-68 to expand habitat banking would require regulatory initiatives that would, if not properly designed, present risks to the conservation community, indigenous groups and other land or rights holders.
In summary, although third party habitat banking and fees in lieu of offsetting are schemes that have significant potential for application in Canada, those in comparative jurisdictions are based on complex and lengthy legislative and regulatory framework development. The current proposed model is inadequate in this regard and would likely result in unintended consequences in its current form. Further, any such provisions certainly would require significant consultations with provinces, territories and others.
Due to the legal complexity and public policy considerations that the government would need to address prior to establishing and implementing such regimes in Canada, we will not be adopting the habitat banking amendments proposed by the other place. However, going forward, the department will commit to evaluating the performance of proponent-led habitat banks and to assess offsetting policies adopted elsewhere, including third party habitat banking and payment in lieu of offsetting.
Additionally, in light of the discussions on third party habitat banking as they relate to Bill C-68, I have asked the House fisheries committee to study this issue. This government has always been of the view that polluters should pay. It simply should not be free to harm our environment. I believe there is significant merit in further examining third party habitat banking.
I would also note that the Canadian Wildlife Federation, which proposed these amendments through Senator Wells and which does great work advocating for the protection of wildlife habitat, has indicated its support for the removal of the these amendments at this time. It understands that more work needs to be done before we can move forward fully in this area. In addition, we are making a technical amendment to an amendment made by Senator Christmas to ensure that the language used with respect to section 35 rights, as well as aboriginal treaty rights, is consistent with language used in the rest of the bill. I have spoken to Senator Christmas about this amendment and he has agreed to this change.
Bill C-68 is restoring lost protections that Canadians elected this government to do. Changes in this bill will help rebuild fish stocks and in turn support the communities that depend on them.
When the Conservatives were in government, they did the opposite. They watered down fish and fish habitat protection when they gutted the Fisheries Act in 2012, and they made deep cuts to the Department of Fisheries and Oceans by slashing the operating budget by $100 million. They also made staff cuts to critical areas, such as the Pacific region habitat management program, which helped support the management of our wild salmon.
I am proud to be part of a government that is taking the right approach when it comes to protecting our environment and our fish stocks. That is why last fall, in partnership with the Government of British Columbia, I announced $142 million to create the B.C. salmon restoration and innovation fund to support the B.C. fish and seafood sector, and to ensure the sustainability of wild Pacific salmon and other B.C. fish stocks. This government has also invested in science, small craft harbours across the country and whale research. As many Canadians know, it was this government that invested $1.5 billion in the oceans protection plan that has supported research, opened new rescue boat stations, increased Coast Guard capacity and restored coastal habitats. Canadians can count on this government to make the right investments in our environment while growing our economy and creating good middle-class jobs.
This bill has also been before both chambers for over a year now. The Conservatives will say that their move backward in 2012 to reduce protections may not have had a negative impact on the environment; they will argue that their changes were somehow merited.
Canadians know not to wait until stocks collapse before taking action. Canadians know that the Conservatives do not support science or a precautionary approach. That is why, under their watch, they muzzled scientists and made dramatic cuts. Canadians know that Bill C-68 will help protect our fish and fish habitat and is an important piece as we move forward with a plan that will protect our biodiversity, oceans, and ensure our fisheries are sustainable for future generations.
It is truly time to get on with passing Bill C-68. In response to the message from the other place, we are accepting many amendments, while rejecting just three amendments and amending one. Again, the Canadian Wildlife Federation that originally proposed the habitat banking amendments, through Senator Wells, has indicated its support for the removal of that amendment. I would also note that Senator Wells was one of just three senators who voted against the bill, effectively against the very amendments he put in at third reading. Further, as I had indicated, Senator Christmas supports the minor technical amendment that we are proposing.
I certainly hope that all members in this chamber can join with me in ensuring quick passage of this bill, so that our fish and their habitat can be assured of the protection they so desperately need.