House of Commons photoWon his last election, in 2011, with 54% of the vote.
Fisheries March 2nd, 2007
Mr. Speaker, as I said earlier, our government is taking a very proactive role. The member has taken a wrong-headed approach. Instead of trying to demonstrate to Europeans that it is a sustainable and humane harvest of seal products, he wants us to say that ours is not as bad as theirs, and this is just wrong-headed.
Fisheries March 2nd, 2007
Mr. Speaker, I welcome the question from the fisheries critic for the Liberal Party. We have been waiting with baited breath for some questions.
Over the past year, the government met with EU parliamentarians, ambassadors, senior officials and media to dispel myths and make them aware that Canada's seal harvest is sustainable and humane.
The minister has been very active on this file, as well as foreign affairs, and we will continue to be.
Fisheries March 2nd, 2007
Mr. Speaker, my colleague is right about Nova Scotia's support for the new act, and this is not just coming from the government. In a recent press release, Nova Scotia's fisheries minister, Ron Chisholm, said:
We have been talking with many fishermen over the past few weeks and almost all agree that we need a new Fisheries Act. There are concerns but most are based on a lack of detail about what the new act will do, or misinformation.
Much of that misinformation is coming from the member for Sackville—Eastern Shore. It t is about time he stood up for Nova Scotia's billion dollar fishing industry and supported the new act.
Fisheries Act, 2007 February 23rd, 2007
Mr. Speaker, it was getting quite loud there but no more accurate. I was in a meeting with the member where he made the point that the first nations were not consulted about this, Phil Fontaine, for example.
We actually showed him a consultation deck, where we had met with Mr. Fontaine to talk about initiatives in this new fisheries act, and somehow we did not use the right words or something when we talked to the aboriginal first nations.
With respect, we have also told him a number of times that if he wanted to put in the actual wording of the Supreme Court decision in Comeau's Sea Food's, we were quite happy to entertain that.
Fisheries Act, 2007 February 23rd, 2007
Mr. Speaker, my colleague has raised two issues.
He will know, or he should know, that section 35 of the Fisheries Act actually is under the jurisdiction of the Minister of the Environment. If he has questions about how that was applied to the project in Belledune, then I suggest he take them up with the Minister of the Environment.
The project was reviewed by scientists at the Department of Fisheries and Oceans as it relates to fish and fish habitat. They suggested a certain change to the design of that incinerator and that was done. They were satisfied that it had no fisheries concerns. If my colleague has some other concerns, he ought to take them up with the Minister of the Environment.
The fact is that over a span of several years the department conducted its largest ever engagement process in a number of different ways. Between August 2005 and December 2006 the department met with 305 different Canadian stakeholder groups to discuss the modernization of the fisheries and the various initiatives that would be required and they are reflected in this act.
Was every fishing group consulted about this? Probably not. We live in a large country with some 30 million people. Of course we did not take this--
Fisheries Act, 2007 February 23rd, 2007
Mr. Speaker, I know the issue to which my hon. colleague referred. I wish he had told us about the improvements he would like to see in the act to actually do what he wants to do.
The cornerstone of this act is still the prohibition against harmful alteration, disruption or destruction of fish habitat. It is still clearly stated in the bill. It has not been weakened in any way and, in fact, has been strengthened. If there is a project that is deemed to do any of those things, harmful alteration, disruption or destruction of fish habitat, it clearly comes under the purview of the act and its regulations.
Although it was also a cornerstone of the old act, if the department then said the project was going to cause some sort of disruption and endanger the fish and so on and measures needed to be put in place, mitigation measures or things that would eliminate the problem or reduce its harm or whatever the measures were, those measures were not enforceable under the old act. In fact, in the new act those measures will be enforceable.
The issue the member is speaking to specifically comes under the purview of Environment Canada. If he wants to strengthen certain parts of other environmental legislation with regard to air pollution, the incinerator I think he is referring to, then he ought to do that, but I can assure him that as it relates to the protection of fish and fish habitat, this act is even stronger than the old one.
Fisheries Act, 2007 February 23rd, 2007
Mr. Speaker, it is an honour to lead off the debate today on Bill C-45, An Act respecting the sustainable development of Canada's sea coast and inland fisheries.
It is no exaggeration to say that the provisions of the bill represent some of the most sweeping changes made to the Fisheries Act since its inception well over a century ago.
Some of the decisions we will be making about the bill in the weeks and months to come will affect both our aquatic ecosystems and the future of tens of thousands of fellow Canadians in the decades to come.
With such an important piece of legislation before us, I hope my colleagues will indulge me a little if I take a step back and start by looking at the big picture of the fishery in Canada and, in so doing, putting it in context with the measures we are proposing.
Most Canadians know, either intuitively or through first-hand experience, of the importance of the fishery to the social and economic well-being of our nation. Most will know that we are the second largest country in the world, one of the foremost maritime nations on the planet and that we boast the world's longest coastline and the largest freshwater system.
Perhaps fewer know that we have the largest offshore economic zone, a zone equivalent to 37% of our total land mass. With such a maritime geography, it is no wonder our national fishery and aquaculture industries remain key to our economy. They provide over 100,000 direct jobs and substantial spinoff employment. More than $4.2 billion in fish products are exported every year. An estimated four million recreational fishers inject about $7 billion annually into the economy.
Since many Canadians live either on a coast or near freshwater, it is probably fair to say that most of us have or know someone who has some connection to the recreational or commercial fishery.
It is with great pride and pleasure that I stand before the House today with a very substantial piece of legislation in hand, legislation that cannot help but improve the state of the fishery and the lives of those who work in it.
I said at the outset that that enactment of the legislative proposals contained in the bill would make for the most fundamental, most sweeping changes to the Fisheries Act since it was first made law in 1868.
Although it has been subject to numerous reviews, the act has only been revised on a piecemeal basis over the years. Those changes tended to patch up holes for a while but we are in a new century and we need modern tools for a modern era.
Fisheries management is now a far more complex challenge and patchwork solutions will no longer do the job. The long and short of it is that the current act no longer responds to the evolving needs of the resource, nor does it reflect the expectations of those who fish the resource or of Canadians in general.
In our opinion, the act needs a complete modernization, which is exactly what Bill C-45 represents.
Before I get into some of the specifics of the legislation, I would like to acknowledge the hard work and input of our parliamentary oversight bodies on this file, the standing committees from both Houses and, of course, the Standing Joint Committee for the Scrutiny of Regulations. From licensing issues to aquatic invasive species and sanctions, three among many issues that these committees have identified as needing legislative action, committee members should quite rightly take great satisfaction in seeing some of their key concerns being addressed in the bill.
Bill C-45 follows on extensive cross country consultations and discussions over the past several years with all provinces and territories, as well as fishing interests, aboriginal groups and stakeholder groups. Through several processes, we have gained support for the broad principles of the bill from fishing stakeholders.
There is no doubt that we are asking a lot of the bill. We are seeking no less than to modernize the management of Canada's fishing industry, to enshrine conservation measures that safeguard the aquatic ecosystems and preserve our proud tradition of fishing on which tens of thousands of licensed fishermen depend, not to mention the survival of those who work in the spinoff jobs that the fishery provides. In the process, we want the new legislation to provide a framework that provides greater stability, transparency and predictability in all aspects of fisheries managements. It is a tall order for a single piece of legislation.
It is always a difficult proposition finding exactly the right balance between competing interests, but it is our job, frankly, to find that balance, one that does not compromise fundamental principles of good stewardship or good economics. I do not believe the two to be mutually exclusive. I think Bill C-45 walks that fine line quite nicely.
For the purposes of our discussion today, we cannot possibly do more than touch the surface of legislation that has over 250 sections. However, it is helpful to note that the current act does not provide direction or guidance to the minister or to DFO on the goals, objectives and management principles that should be the basis of fisheries and fish habitat management. It is that lack of direction and goals that we are correcting in Bill C-45.
The new version includes a preamble, a purpose clause and management principles that do define important values and objectives for fishing and conservation. They speak to such issues as stakeholder and public input in decisions that affect our fisheries; the fostering of cooperation with the provinces; the conservation and protection of fish habitat and its importance; the application of effective deterrents to illegal fishing; the economic viability of the resource and the industry; and managing consistent with existing aboriginal and treaty rights. Those are the major guidelines upon which those 250 sections are subsequently based.
I will start with the matter of accountability. There is no doubt that the system needs to be more open and more accountable. Consequently, we have removed from the act the absolute discretion of the minister but that does not mean the minister is no longer responsible for running the fishery. He or she will remain in charge of making the overall policy decisions and many other decisions. However, the new law says that ministers must answer for their actions and explain why decisions were taken. That is significant because it finally eliminates the perception that ministers can make allocation decisions based solely on politics.
I have heard my colleague, the member for Gaspésie—Îles-de-la-Madeleine, call on the minister to end the perceived political interference in the system. Bill C-45 would do exactly that.
In addition to wanting more transparent decisions, one of the things fishing groups tell us all the time is that they want the chance to formally sit down with DFO on a more regular basis. It does make sense that local stakeholders would want to take on some responsibility, authority and accountability of their own. The act would strengthen shared stewardship through fisheries management agreements, a very important provision in this new act. It would increase the influence of fishers over matters that affect their livelihood, which is where the establishment of advisory panels will prove useful. As well, members of the public would be given a more active role so that the process of making the rules is more transparent.
The legislation now recognizes in law the existing high level of intergovernmental collaboration by allowing the federal government to sign agreements with provinces and territories to set joint goals and coordinate policies and programs. It formally authorizes governor in council to delegate the appropriate fisheries management powers to a province or territory.
In our opinion, this too makes sense. Our regional counterparts have close ties to the communities and, in several cases, administer freshwater fisheries for us. Of course, jurisdictionally the provinces already play a role in managing the processing sector and aquaculture. It is clearly advantageous that we share information and harmonize our programs where possible.
The new act would create the ability for provincial regulations that protect fish habitat to be deemed equivalent to federal regulations in cases where they meet or beat the national standard. This would eliminate unnecessary duplication of regulation across levels of government and allow the department to focus its resources on projects that pose a higher risk to fish habitat.
I am very pleased to confirm that provincial and territorial governments are openly supportive of the act's overarching principles and proposed concepts. In fact, they unanimously showed their support for new legislation in the final communiqué of the Canadian Council of Fisheries and Aquaculture ministers in their meetings last October.
I do not think it is an overstatement to say that at the heart and soul of the proposed new Fisheries Act are the provisions that will safeguard our aquatic ecosystems.
If we do not succeed in that endeavour, then all other considerations fall by the wayside. They provide the key proactive measures to conserve and protect fish and fish habitat.
Perhaps not surprisingly, it is in the area of habitat protection where we find the most polarized views on the part of stakeholder groups. Environmental organizations, on the one hand, clearly and quite rightly, have concerns about any weakening of the protection offered by the act in its current form. Industry stakeholders, on the other hand, are looking for increased transparency, predictability and efficiency in decision making.
I must say something that is very important. The proposed legislation does not look to change the fundamental elements of the habitat protection provisions. It does seek, however, to make modest changes that would make the administration of these sections more effective in the conservation and protection of fish habitat and more efficient in its application.
A weakness in the current act is that it treats fish habitat protection and pollution prevention as issues separate from fisheries management.
Habitat protection in the new act becomes an integral element of proper fisheries management. This one item alone is probably the single most fundamental change to the current way of doing things. Under the new act, impacts to fish habitat must be considered prior to allocation decisions or issuance of licences. The minister's authority and duty to do this is stated explicitly in this legislation.
The new law would also extend the scope of inspectors' powers to cover any project that could be harmful to fish habitat, in addition to those dealing with the release of deleterious substances, as is now the case.
Inspectors will work with the public to help them better understand the provisions of this act but they will also be able to confirm that conditions of habitat authorizations are being met and, where necessary, give directions to remedy harm to fish habitat. Most important, these new inspector powers will support efforts to monitor the effectiveness of habitat regulatory requirements and allow the department to adapt its requirements based on what it learns.
Of course, fisheries officers will continue to support the habitat program by conducting high risk enforcement activities and supporting prosecutions where necessary.
Those are some of the changes the government is proposing to improve the effectiveness of the habitat protection provisions.
Members will recall that earlier I mentioned that we would allow provincial regulations to be used where they meet or exceed federal ones. However, the legislation, quite rightly, allows us to reinstate federal regulations where provincial ones are not doing the job.
What is also new is the enshrining in law, for the first time, a precautionary approach to conserve aquatic resources and putting in place a science based ecosystem approach to fisheries management. That is very important.
Some other highlights include the provisions concerning aquatic invasive species. We only have to think of the sea lamprey in the Great Lakes to understand the incredible destruction that can be wrought by the wrong species invading the wrong habitat. Clause 69 would ensure, for the first time, that whenever aquatic invasive species are released, transported, imported or exported, such activities may be carried out only in accordance with regulations enacted by the governor in council.
Other new provisions would allow the minister or a designate to authorize the destruction of an invasive species in order to protect native habitats. The regulations would introduce a number of controls to manage invasive species in all Canadian waters.
There are many more features aimed at protecting our aquatic resources but the ones I just outlined should give members a flavour of the new act.
I would like to talk for a moment about enhancing competitiveness. Protecting the resource cannot help but improve the business of the fishery. Secured access and allocations to Canada's oldest industry are essential to the economic prosperity of fishing enterprises, fish processors and hundreds of coastal communities. Predictability is central to keeping the industry thriving and, by extension, those communities. Therein lines the problem.
Industry stakeholders see the current licensing and allocation process as unstable and unpredictable. Consequently, they find it hard to plan, raise capital or make rational business choices and that is why the legislation has specific provisions that improve the business operating environment of resource users. To that end, the new act would provide for stability, greater clarity and fairness.
The criteria and considerations for getting a licence for the first time will be sharply defined in the regulations resulting from the bill. The minister will make policy decisions for police. It will be the job of licence officers to issue licences to individuals based on these regulations.
We believe much peace of mind will be derived from the prospect of long term allocations, potentially up to 15 years, and will ease the burden of business uncertainty for fishing enterprises. It will permit them to plan ahead in greater confidence. Let me highlight that this move will benefit the individual fishers in the boat. Despite alarmist empty rhetoric to the contrary, which we will undoubtedly hear repeated by members in the days to come, this does not open the door to foreign countries to fish in Canadian waters. Let me say that again; this does not open the door for foreign countries to fish in Canadian waters.
In addition, the new act will provide the tools needed to sustainably manage the fisheries from oceans to plate with provincial partners and stakeholders. In effect, this will mean more value, more benefits and more support for Canada's rural coastal communities at a time of great need. On balance, those on the industry side will be very pleased with these changes to help them better plan and manage their activities.
Finally, all stakeholders want a better system to deal with rule breakers. Most involved in the fishing industries are committed to keeping the laws and regulations and are frustrated when they find some who are not and who are not dealt with in an effective way.
The current court based system is inefficient, ineffective and unwieldy. We need more clout to deal with people who step out of line. Currently the minister can only suspend or cancel a licence for breaches of licence conditions, not for breaches of regulations or general prohibitions of the act. All we can do is spend a lot of time and money dragging violators into court where fines are just about the only penalty.
The legislation envisages an arm's length Canada fisheries tribunal that would hear licence appeals and impose sanctions and financial penalties to licensed fishers in coastal fisheries. Minor violations would result in tickets and would only be heard by the tribunal if they were contested, just like a traffic ticket. The system would be fairer, more credible and more efficient. It would also be a more effective deterrent because some penalties would affect the ability of offenders to keep fishing, as well as hit their pocketbook. That is why a sanctions tribunal is so popular within the fishing community.
Other contraventions of the act, such as habitat destruction, infractions in inland fisheries managed by a province, and poaching would continue to be handled by the courts. I like the idea of using the penalty system to support conservation measures.
Before I conclude my remarks, I want to say a few words about aboriginal participation in the fisheries.
The proposed act affirms that Parliament recognizes the importance of the fisheries to many aboriginal communities. Aboriginal groups bring great knowledge and experience to modern fisheries management. The bill provides first nations and other aboriginal groups a more direct role in the management of their harvesting of fish. This would be done through such mechanisms as fisheries management agreements where details on involvement in management and the decision making process could be identified.
The proposed bill also provides for the consideration of traditional knowledge in decision making where such information is available to DFO. In addition, one of the guiding principles in the bill stipulates that those involved in the administration of the act must seek to manage fisheries and conserve and protect fish and fish habitat in a manner that is consistent with the constitutional protection provided for existing aboriginal and treaty rights.
As my allotted time is almost up, I will bring my remarks to a close. As the minister has said many times, his job is to sustainably manage our public fish and oceans resources on behalf of Canadians and for the maximum benefit of Canadians. He does not own the fish, nor does his department or the government as a whole. As Canadians we all own this common property resource and passage of this legislation will help us in this task.
This bill should pass through second reading quickly and move on to committee where it can be improved, if necessary. The time to act is now. The livelihood of too many Canadians rests on our decision to give thoughtful, but reasonably expeditious, passage to this legislation. I look forward to the House passing it.
Delegated Legislation February 21st, 2007
Mr. Speaker, I am pleased to respond to the report tabled by the Standing Joint Committee on Scrutiny of Regulations.
First, let me thank the committee for its diligence on behalf of Canadians in overseeing the regulations that govern this country. I have served on that committee. I know that although the work can be tedious at times, it is very important.
Earlier this month the standing joint committee tabled a report that included a resolution to disallow subsection 36(2) of the Ontario fishery regulations under the Fisheries Act. The subsection in question states that:
No holder of a commercial fishing licence shall violate any of the terms or conditions of the licence.
The committee's view is that the Fisheries Act does not provide the authority to set out in a regulation the requirement to comply with licence conditions. The government is of the view that it does.
This has been a long standing issue between the government and the standing joint committee. Governments, long before ours, have always maintained that subsection 36(2) falls within the regulation making authority under section 43 of the Fisheries Act, that it is legally sound and that it is supported by court decisions.
Section 43 of the Fisheries Act is broad enough to include the requirement to comply with licence conditions. Among other things, section 43 provides the authority to make regulations: “for the proper management and control of the sea-coast and inland fisheries”.
It also provides authority to make regulations:
(b) respecting the conservation and protection of fish;
(f) respecting the issue, suspension and cancellation of licences and leases;
(g) respecting the terms and conditions under which a licence and lease may be issued;
The Ontario fishery regulations provide clear guidance as to the conditions that could be attached to a commercial fishing licence in that province. Similar regulations exist for other fisheries. These conditions include the species, size and quantity of fish that may be taken, where and when fishing can occur, and the type of gear that may be used.
Fishing licences, their attached conditions and the requirement to comply with them, are fundamental to the proper management and control of the fishery. They are crucial to protecting and conserving our fishery resources.
In fact, in a fairly recent development, one of which the committee may not have been aware, Ontario is using licence conditions to address a significant threat to its $2.3 billion recreational fishery. The province has placed certain restrictions on the movement of bait fish to control the spread of viral hemorrhagic septicemia. VHS has been implicated in killing a large number of sport fish in the province.
Clearly, compliance with these conditions as required by subsection 36(2) is critical for the sake of Ontario's sport fishing industry.
Let me add that individuals who participate in the commercial fishery know they must comply with licence conditions or face consequences. The government has always argued that in addition to the authority to suspend or cancel licences, Parliament did make it an offence to contravene the Fisheries Act or regulations under it in section 78 of the act.
The courts have agreed with the government's position. They have ruled that regulations made under the Fisheries Act that require compliance with licence conditions fall within the scope of the act's regulation-making authority, and they found that contravening this requirement is an offence under section 78 of the act.
So, from a legal perspective, in my opinion, subsection 36(2) of the Ontario fishery regulations is on firm footing.
However, I would be the first to say that we are not asking for the status quo. We believe that in most cases the potential for jail time is not an appropriate penalty for such contraventions. Fortunately, the courts have imposed fines in cases involving contravention of subsection 36(2) rather than imprisonment, but I do agree that greater clarity could be provided for the requirement to comply with licence conditions.
We are doing something about that. It comes to us in Bill C-45, which the minister tabled in December. The bill resolves the standing joint committee's regulatory concern with subsection 36(2) and does much more.
Revoking subsection 36(2) is not the right course of action, given that a bill has been tabled that addresses the committee's concern. That is why the minister filed the motion before us today to oppose the committee's resolution for disallowance.
Disallowing subsection 36(2) would create a serious legal gap in Ontario's ability to enforce licence conditions on some 500 commercial fishing licences and about 1,400 commercial bait fish licences.
Furthermore, the standing joint committee has indicated that if its resolution to disallow is supported, the committee would expect similar provisions in other fisheries regulations to be revoked. This would create an enforcement vacuum that would threaten these natural resources in virtually all of Canada's fisheries. During this vacuum, all that would be left to punish lack of compliance with license conditions would be suspension or cancellation of licenses, and the courts have made that process very difficult indeed.
Disallowing this regulation would then compel our government to draw up a quick fix bill to plug this regulatory gap and then get it passed through both Houses. This is something that has not worked on no less than three occasions in the past, Bill C-33 in 2003; Bill C-43 in 2004, which died on the order paper; as did Bill C-52 in 2005.
In fact, I did not support Bill C-52 as a solution when I sat on the other side of the House because I believed then, as I do now, that we have much more to offer Canada's fishers.
As tempting as it may be to try to pass a simpler minor amendment to deal with the committee's issue, we owe Canadians that and much more. We owe them a renewed Fisheries Act, one that would resolve this regulatory issue and provide for more collaborative, accountable and transparent fisheries management, which is exactly what Bill C-45 does. It resolves the standing joint committee's concern with subsection 36(2) of the Ontario fishery regulations by clarifying that compliance with fishing license conditions is a requirement of the act.
As I mentioned, the new Fisheries Act does much more. It puts forth a new licensing framework and an administrative sanctioning regime for most breaches of license conditions instead of relying on the courts. It introduces an arm's-length fisheries tribunal to handle violations of the act or its regulations.
The standing joint committee has also expressed concern that because license conditions are administrative decisions, non-compliance with them should not carry potential jail time for violators. Bill C-45 address this concern.
In the sanctions regime, as mandated in the new act, penalties for contravening the requirement to comply with license conditions would no longer include the possibility of jail time. The bill also responds to issues the committee has raised in the past with variation orders, and I will not get into that at this time.
The new Fisheries Act also includes measures for shared stewardship of our fisheries. It allows those with a stake in the fishery to have a say and take a hand in how the resource is managed.
Bill C-45 would also put in place a clearer and more accountable framework for stable access to the fishery and allocation of fish shares.
The new act also clearly spells out the considerations that the minister must take into account when making licensing and allocation decisions, and those which he or she may choose to consider. In other words, all the cards are now on the table.
Protecting fish habitat and preventing pollution are inextricably linked to sound stewardship of our fishery resources. Bill C-45 would compel everyone who administers the act to consider principles of sustainable development, and take an ecosystems-based and precautionary approach to conserving and protecting fish and habitat.
Speaking of principles, passage of Bill C-45 would, for the first time, set out management principles for fisheries and fish habitat right in the act.
In short, Bill C-45 would remedy the standing joint committee's immediate concern with subsection 36(2) of the Ontario fishery regulations and it does so much more on behalf of Canadians who depend on the fishery.
We have an opportunity here to make a lasting difference in better managing our fisheries and oceans by providing Canadians with a modern and more effective Fisheries Act, an act that would help deliver the ultimate sustainable value to the public from Canada's fish and ocean resources for generations to come.
I believe that concentrating the House's efforts on passing Bill C-45 is the right approach. I oppose disallowance of subsection 36(2) of the Ontario fishery regulations and will be voting to return the report to the committee so it can ensure that its concerns are addressed in Bill C-45. I encourage all members to do likewise.
I again thank the committee for its thorough scrutiny of this country's regulations. I think its work in respect to subsection 36(2) of the Ontario fishery regulations highlights the importance of passing Bill C-45 through Parliament as quickly as possible. I hope members of the House will agree that the time for change in the fishery has come.
Mr. Speaker, despite allegations to the contrary, Bill C-45 does not privatize or corporatize the fishery or destroy fish and fish habitat. The member keeps talking about that. He has not pointed us to a single section that actually demonstrates this. Rather, this bill means predictable access and allocation, greater transparency and stability, and more direct participation of Canadians in the management of Canada's fisheries.
The new habitat section strikes a careful balance between allowing opportunities for economic development and protecting fish and fish habitat for future generations.
Bill C-45 is all about the sustainable development of Canada's coastal and inland fisheries. Conservation and protection of fish and fish habitat is its cornerstone. A modernized Fisheries Act does indeed reflect the wishes of fishers in this country. I encourage my hon. colleagues to support this act.
Mr. Speaker, we have heard this speech before and saying it louder and more often does not make it any more true.
In fact, the proposed act reflects the wishes of fishermen in this country and would ensure that individuals who are licensed to fish will fish the resource for the benefit of their families and all Canadians.
Fishermen have repeatedly told us that they want predictable, stable and transparent decision making and that they want to be involved in decisions that affect their lives. They know that sustainable fisheries for the future means that conservation has to be their first goal. Bill C-45 considers all of these factors.
What Bill C-45 does not do is privatize the resource or corporatize the fishery.
The notion of fisheries as a common property resource is the law of the land as stated by the Supreme Court of Canada in 1997.
In the case of Comeau's Sea Foods Ltd. v. Canada, the Supreme Court of Canada stated:
Canada’s fisheries are a “common property resource”, belonging to all the people of Canada. ...it is the Minister’s duty to manage, conserve and develop the fishery on behalf of Canadians in the public interest.
The concept of a common property resource is spelled out in several sections of Bill C-45 so that the public resource would continue to be managed on behalf of the public by a public authority and in the interest of all Canadians.
In the proposed bill, the preamble declares that, “Parliament is committed to maintaining the public character of the management of fisheries and fish habitat”.
Further evidence that the act would uphold the notion of the fisheries as a public resource is found under the considerations pertaining to access and allocation.
It states that the minister and others who administer the act must encourage the participation of Canadians in the making of fisheries management decisions, as well as decisions around the conservation and protection of fish and fish habitat.
The importance of maintaining the public access to the fishery is explicitly stated as an important consideration in section 25.
The bottom line is that we need to modernize the way we manage fish and fish habitat, and that is what Bill C-45 would do. Unlike the current act, Bill C-45 would require us to consider impacts on habitat from fishing. It would require us to consult with industry when changing the rules of the game. It would give us and the industry the tools to strengthen industry participation in the day to day management of the fisheries.
It would give a formal role to a broad range of stakeholders in determining how fisheries should be managed. It would take the politics out of access and allocation so that industry could focus on making their businesses viable and economically competitive in a modern and global marketplace.
In short, we are modernizing the fisheries management and the Fisheries Act to meet the needs of a modern industry, one that has evolved significantly over the last 20 years, not to mention over the last 139 years, with an absolutely clear commitment to the sustainable use of the fishery resources for present and future generations.
Like everything in life, use of a common property resource requires rules. Similarly, there are obvious boundaries on the public right to fish. It has been a regulated activity since the dawn of Confederation. In fact, there is currently very little fishing in tidal waters that is not completely regulated by federal legislation. That would continue under Bill C-45. Without regulation and appropriate legislation, there would be chaos on the water and the health of fish stocks would be in peril.
Unlike the current act, which makes no reference at all to common property resource or the public right to fish, a renewed Fisheries Act would set in place rules so that Canadians can continue to engage in fishing activities now and in the future.