Madam Speaker, the riding's name may not be Pearl Harbor, as my friend from Newfoundland pointed out earlier, but as far as I am concerned today's debate is a total aberration.
I was listening to my colleague from Scarborough—Rouge River, who said that we had no choice but to pass the bill in question, because acting otherwise might jeopardize Ontario's commercial fishery. What is surprising to me in such a statement is that we are not talking about a new problem; it has been around for years. The Department of Fisheries and Oceans had the opportunity to review the legislation but chose not to.
To put all this into context, I will remind the House that eight years ago, in 1997, the Standing Joint Committee for the Scrutiny of Regulations criticized the Department of Fisheries and Oceans for making regulations which it described as ultra vires. In other words, the department was making regulations without being expressly permitted to do so by law. The committee, with which some members are very familiar, denounced the Aboriginal Communal Fishing Licences Regulations, among others.
We can go on with the historical overview. Bill C-43 was introduced during the second session of the 37th Parliament. This goes to show that the problem is not new. The bill was to amend the legislation so that the Aboriginal Communal Fishing Licences Regulations could be implemented. Once again, the committee reacted, and gave its opinion: it was opposed. The Standing Joint Committee for the Scrutiny of Regulations did notice that Bill C-43 was fixing the problem, but it denounced its subsection 10(1), which has now made its way into the current Bill C-52.
In my opinion, this is a dispute that has been going on for many years and that cannot be resolved with Bill C-52. We will recall that Bill C-43, the predecessor of Bill C-52, was never passed. Now, Bill C-52 only retains subsection 10(1), precisely the subsection challenged by the Standing Joint Committee for the Scrutiny of Regulations. I cannot conceive how one can put such a bill before the House today and expect the House to adopt it.
What is the aim of Bill C-52? It has only one, which bears mentioning to all the fishers, be they on the west coast, east coast or in Ontario. It aims to expressly provide that a breach of a term or condition of a permission referred to in section 4 of the act, or of a lease or licence issued under the act, particularly for the purposes of stocking or artificial breeding or for scientific purposes, is an offence. As if scientific research were an offence under the legislation or the regulations. This bill contains a very significant incongruity, in our opinion.
Under section 78 of the Fisheries Act, only violations of this act or the regulations constitute an offence liable to a fine or imprisonment. This is extremely important. This is why we clearly cannot support this bill. Violations of the legislation or its regulations constitute an offence solely under section 78 of the Fisheries Act.
However, the conditions of a permission are not statutory provisions or regulations, and the violation of such a condition does not constitute a violation of the act or its regulations within the meaning of section 78 of the act itself.
So, the breach of the terms and conditions of permissions, leases or licences is governed by section 9 of the act, which provides that the minister may suspend or cancel a licence, lease, etc. That section alone has the effect of penalizing a citizen. This is extremely important, because it concerns all fishers. Indeed, the bill will not only apply to residents of Ontario, as mentioned by my colleagues earlier, but to all fishers from coast to coast.
The only effect of this bill will be to deprive a citizen of his freedom, on the grounds that he may not have complied with a requirement imposed by a public official exercising an administrative power. As our colleagues pointed out earlier, it is extremely important to understand that only the House of Commons has the authority to pass legislation and to impose fines or prison terms. This power cannot be given to a public official from the administrative sector, but this is precisely what Bill C-52 does.
The Bloc Québécois does not agree with the bill before us.
Earlier, the hon. member for Scarborough—Rouge River told us that the department had some problems amending the Fisheries Act. For various reasons and motives the department had not yet been able to propose changes to the Fisheries Act. I have news for the hon. member. The Fisheries Act has been in existence for 137 years. During that period, the Department of Fisheries and Oceans had ample time to sit down and propose gradual changes to the act, so as to adapt it to today's world.
I do not buy the claim that, over a period of 137 years, the department did not have time to look at the act and see what amendments should be made. To make such a statement is really not being very serious. Moreover, they are coming up with Bill C-52 at the very last minute. Yet, we have known since 1997 about the problem, about the fact that the act would have to be amended and adapted to modern day fishing conditions.
At the present time, of course, the Fisheries Act can indeed cause problems. Still, as several of my colleagues have just pointed out, the legislation is not what has ended us up in major disasters, nor what has done away with our resources. Nor is it the act that led us to one moratorium in the east in the early 1990s and a second in the early 2000s. It is not the Fisheries Act that has brought the situation to where it is. It is poor resource management that has deprived us of the resource.
Precautionary principles should have been applied to managing the resource. The ability to do so was there and the means were there. If these precautionary principles had been applied, we would still have an abundant resource.
We can talk about what is going on at present. The standing committee has just tabled its umpteenth report on the Fraser River salmon. Once again we realize that Fisheries and Oceans has learned nothing from the past. Hon. members will recall that, back in 1994, there was a similar crisis to last year's. This generated several reports, particularly the one by Mr. Fraser, former Minister of Fisheries and Oceans, and former Speaker of this House. Having stated the problem, he proposed a broad range of recommendations which made it possible to remedy the situation.
It is as if the department has not learned or retained anything of what it was told in the past, everything submitted to it by the various people whom DFO itself commissioned to carry out studies and make the necessary checks. It has not implemented the regulations. The way the resource has been managed has nothing to do with Bill C-52. Management of the resource has been poorly planned and poorly handled by Fisheries and Oceans, and by the Government of Canada in general, ever since Confederation.
In recent years, fishing practices have clearly changed. The issues of fishing have changed and, overall, everything has changed. The pressure on the resource was therefore greater. However, they could manage that pressure and adapt as time went on to new fishing techniques and practices.
As regards the Fisheries Act, I read, among other things, a report released in April 2004 by Donald McRae and Peter H. Pearse. It mentioned of course that the Fisheries Act was out of date and that it should be amended. However, it is not by amending it piecemeal, in tiny bits, from time to time, that they will resolve the problem. On the contrary, they run the risk of creating a problem bigger than the one they are trying to solve.
Indeed, if tomorrow morning the public service were given almost carte blanche power—almost the power to imprison—Parliament would be deprived of one of its main functions, that of passing legislation making it possible to impose penalties.
I note that, despite what our colleagues in government have told us, the Standing Joint Committee for the Scrutiny of Regulations never agreed to subclause 10(1), which the government is tying to impose today under Bill C-52. Never did the committee agree to the clause moving forward through a bill. There was never any question of that. The committee has always withheld its approval. A notice of disallowance is in fact before the House, which should be examined in the coming days.
Obviously, we are going to oppose Bill C-52 for the reasons I have just cited.
We want a total reform of the Fisheries Act. However, an overhaul of the Fisheries Act does not mean the government will better manage resources. It would take real political will to protect them. The primary function of the Department of Fisheries and Oceans is, in fact, to protect and safeguard resources for now and for the future, in other words, for those fishing today and for those who would like to fish in the future.