Mr. Speaker, in response to (a), in developing Bill C-68 to modernize the Fisheries Act, including restoring lost protections to fish and fish habitat, extensive consultations were undertaken with indigenous peoples, other levels of government, industry and non-government organizations, and the public at large. While there was no direct consideration of the International Joint Commission’s plan, the modernized act draws on views and perspectives of many partners and stakeholders to provide a wide range of tools to support the proper management of fisheries and the conservation and protection of fish and fish habitat.
In response to (b), for DFO, this is notot applicable, given the reply to (a).
In response to (c), the purpose set out in Bill C-68 was to provide a framework for the proper management and control of fisheries, and the conservation and protection of fish and fish habitat, including preventing pollution. The powers, authorities and tools contained in the modernized act in and of themselves do not impact water levels and shoreline properties in Canada. Therefore, these impacts were not considered in developing Bill C-68.
The rationale is that prior to the amendments in Bill C-68 being adopted, the Fisheries Act included long-standing provisions for the management of water flow in relation to existing obstructions, such as dams or other barriers in a water course. These are for the purpose of the conservation and protection of fish and fish habitat, such as to provide for fish passage around such barriers by means of fish ladders, or to provide for the flows downstream of a barrier sufficient to protect fish and their habitat. These authorities were previously found in section 20 of the Fisheries Act as it read immediately prior to royal assent of Bill C-68, and with the coming into force of all the amendments provided for in Bill C-68, they are now found in section 34.3.
As the result of Bill C-68, section 34.3 was amended to establish subsection 34.3(7), that provides for the minister to make regulations respecting the flow of water that is to be maintained to ensure the free passage of fish or the protection of fish or fish habitat in relation to existing obstructions. Subsection 34.3(7) is enabling only and has no force or effect until such time as regulations may be made. Any future regulations would necessarily include broad consultation with affected partners and stakeholders.
In response to (d), for DFO this is not applicable, given the reply to (c).