Geoff Regan

[Fisheries Act, June 6th, 2005]

Mr. Speaker, I do not expect that all members of any committee will agree with everything the provincial ministers say but I think it is an important point to recognize that the provincial minister who is responsible for administering the fishery in Ontario is very concerned about this. In fact, in a letter dated April 14, he said:

I am extremely concerned about the serious impacts on Ontario's ability to manage and ensure the conservation of fisheries should the Standing Joint Committee for the Scrutiny of Regulations (SJC) table a Report of Disallowance regarding subsection 36(2) of the Ontario Fishery Regulations.

As you know, subsection 36(2) is the offence section under which Ontario enforces terms and conditions on approximately 500 commercial food and 1400 commercial bait fishing licences. Terms and conditions are currently the only mechanisms by which Ontario can establish allowable quota, areas where fishing can occur, designates who can take fish under a licence, reporting for commercial fishing licences. Without this provision, Ontario would literally have its hands tied with respect to enforcement of the commercial fishery.

[Fisheries Act, June 6th, 2005]

Mr. Speaker, first, I have had discussions with some members of the Standing Joint Committee on Scrutiny of Regulations who have indicated to me that they are very satisfied with the bill we have brought forward. They feel that it does solve the problems that they have raised. They are content with what we have done.

In fact, I think the committee has received a copy of the letter from the Ontario minister of natural resources, Mr. Ramsay, who was very concerned about this. He disagrees with my hon. colleague's arguments on this. He feels very strongly that these regulations are essential for the conservation of fish in the lakes and rivers of Ontario. He feels that it is absolutely vital that we act in this way to make sure the notice of disallowance, which has been brought forward by the standing joint committee and its members, not continue. Otherwise, we would have a situation as soon as July 19 of this year where the regulations that say people have to follow the rules of their licence would no longer exist.

I made it very clear that I am interested in finding new ways of managing the fisheries. I have said it time and again to my hon. colleagues on the Standing Committee on Fisheries and Oceans. I have yet to see much interest from that member, for example, in seeing changes to the Fisheries Act. I hope I will see that interest and I hope he is interested in changing the Fisheries Act and having overall reform.

If we are going to have a modern system, not one from 10 years ago or 137 years ago, but a modern system that responds to the needs of the fishery today, we really need to have an overhaul of the Fisheries Act. As I say, I am waiting for interest from that side of the House for that to go ahead.

[Fisheries Act, June 6th, 2005]

Mr. Speaker, I must admit to having forgotten that provision as well.

On March 15 of this year I received from the standing joint committee a notice of disallowance for a subsection of the Ontario fishery regulations under the Fisheries Act. The report on its concerns has now been tabled.

The committee feels that greater clarity and certainty are needed on matters of legislative authority with respect to a subsection in these regulations that requires compliance with commercial fishing licence terms and conditions.

The Government of Canada has continuously maintained that this provision of the regulations is legally sound and within the authority of the Fisheries Act. It provides an effective means to conserve and manage Ontario's fisheries.

However we do agree that greater certainty and clarity will be provided with the amendment I am proposing today. This amendment would add a new section to the Fisheries Act, a section dealing with compliance with terms and conditions of fishing licences.

We believe the amendment provides the measure of certainty and clarity needed while addressing the committees legal concerns.

I should also point out that passage of the amendment into law will not change the existing practices on the ground. It basically moves a provision currently in regulation into the act itself.

Clearly, this issue has a number of implications for Ontario's fisheries. The success of Canada's fisheries, including those in Ontario, depends on conservation. Revoking the subsection of the Ontario fishery regulations requiring compliance with licence terms and conditions would create a legal gap in the enforcement regime that is key to the province's ability to conserve the fishery and manage it in a sustainable way.

The Province of Ontario depends on these regulations. Conservation and the orderly management of fisheries are vital components of maintaining a strong, viable fishing industry, an industry that contributes anywhere from $250 million to $500 million to the economies of both Ontario and Canada.

This is why Bill C-52 is so important. This bill provides the particulars and the certainty that the committee is asking for. Moreover, it will allow the province of Ontario to keep the tools that it needs to maintain orderly commercial fisheries in a sustainable way.

I should point out that this is an interim measure while we work toward broader Fisheries Act reform. I have indicated on many occasions that I am serious about updating the act. This 137 year old piece of legislation needs to be modernized.

Canada's fisheries have changed and evolved over the years, in some cases far beyond the current tools and practices we have in place to manage them. Our legislation should change accordingly.

On May 17, I met with the Standing Committee on Fisheries and Oceans and outlined our approach. I told its members that my department was developing a comprehensive legislative renewal package for the Fisheries Act to bring it into line with the realities of this industry in the 21st century.

As the government prepares to bring forward broad reform to the act, I have asked the standing committee to provide me with its advice. In particular, I have indicated that input in the following four areas would be very helpful: allocation, co-management, compliance and sanctions. Sanctions, of course, are points of great interest to the standing joint committee as well.

I look forward to working with Parliament, with men and women who are involved in the fishing industry across the country and with other levels of government to give Canadians the modern effective Fisheries Act they need.

In the meantime, the amendment I am tabling today will address the standing joint committee's legal concerns and ensure that the Province of Ontario has the certainty it needs as it manages and conserves its fisheries on behalf of its citizens.

That is why I am asking all members of the House to join me in supporting this important bill addressing the concerns of the Standing Joint Committee on Scrutiny of Regulations.

[Fisheries Act, June 6th, 2005]

moved that Bill C-52, an act to amend the Fisheries Act (terms and conditions of permissions, leases and licences), be read the second time and referred to a committee.

Mr. Speaker, I will be splitting my time with the hon. member for Scarborough--Rouge River.

I appreciate the opportunity to rise in the House today to speak to Bill C-52, a bill to amend the Fisheries Act. The amendment that the bill contains clarifies that it is a requirement of the act to comply with fishing licence terms and conditions. In particular, the amendment is designed to address a very specific issue which has been raised by the Standing Joint Committee for the Scrutiny of Regulations.

I wish to thank the committee for its diligence. I really value its work, and I appreciate its continued interest in the Fisheries Act.

On March 15--

[Fisheries, June 3rd, 2005]

Mr. Speaker, our government is sensitive to the situation in Harbour Breton, resulting from a decision of the FPI. ACOA is working with the community as is my department to assist in its adjustment. ACOA has been active in Harbour Breton over the past several years, committing over $3 million toward the diversification of the local economy.

[Fisheries and Oceans, June 2nd, 2005]

Mr. Speaker, we take issues like this very seriously. Russia has acted responsibly by calling the vessel home and revoking its fishing licence. This is welcome news in the wake of the St. John's conference where all international participants agreed that more must be done to combat overfishing on the high seas.

[Fisheries and Oceans, June 2nd, 2005]

Mr. Speaker, this reminds me of the lawyer who, upon having his client acquitted, was asked by the judge if he had anything to add. He said, “No, Your Honour. I can take yes for an answer”.

[Fisheries and Oceans, June 2nd, 2005]

Mr. Speaker, I appreciate the work of this board and I have directed that the funding be continued for the board.

[Fisheries, May 30th, 2005]

Mr. Speaker, a Portuguese vessel was arrested in Canadian waters on charges related to fishing inside Canadian waters in 2003. The vessel has been escorted to port in St. John's and the captain will be arraigned this afternoon.

[Maher Arar Inquiry, May 30th, 2005]

Mr. Speaker, let us be very clear. The issue here is the public release of documents. It is important to note that all documents are available to Justice O'Connor. That is a very important point. I have made it clear that all information that can be released will be released provided it does not injure our national security interests, international relations or police work. That too is very important. The government asked that Justice O'Connor look at these documents in question. He has decided they should be released and we agreed.