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Fisheries committee I'll have to go back to the section on the interim protection order. In the interim protection order in Bill C-55, as it reads right now, the minister has to list ongoing activities. If an ongoing activity is an extractive activity, he would have to list it as an ongoing activity
December 7th, 2017Committee meeting
Jeff MacDonald
Fisheries committee I may also defer to my colleagues, if they have some knowledge of this. I'm not an expert in the law of the sea, but given that the regulatory-making authority applies not only to Canada's territorial waters, but also to the exclusive economic zone, I'm not sure if this would cre
December 7th, 2017Committee meeting
Jeff MacDonald
Fisheries committee Our department might not be able to answer that question. I think it would be more appropriate to ask Transport, Justice, or Global Affairs.
December 7th, 2017Committee meeting
Jeff MacDonald
Fisheries committee I am not aware of other legislation being contemplated right now on that matter either in Parliament or in the government.
December 7th, 2017Committee meeting
Jeff MacDonald
Fisheries committee My only comment with regard to the question was related to the definition of “ongoing” with regard to paragraph 35.1(1)(c). It captures circumstances in which an activity may not have taken place in the last year but has been authorized nonetheless. My concern was that in certai
December 7th, 2017Committee meeting
Jeff MacDonald
Fisheries committee Certainly, Mr. Chairman. If you recall when I was here with Mr. Stringer and Mr. Morel, this issue did come up in terms of the question. I pointed out the way we go about recommending marine protected areas and the application of the Oceans Act. All activities are prohibited u
December 7th, 2017Committee meeting
Jeff MacDonald
Fisheries committee What I said was when we determine what activities could be permitted in an MPA once the conservation objectives have been established.
December 7th, 2017Committee meeting
Jeff MacDonald
Fisheries committee No, all I'm saying is that with the way we proceed in creating a marine protected area, the first thing we do is look at the ecological features of the area and say that it is an area that's worth protecting. Then we look at activities that could affect that area and determine wh
December 7th, 2017Committee meeting
Jeff MacDonald
Fisheries committee No, what I'm saying, Mr. Chair, is that when we initially identify an area for protection, the first thing we do is to try to establish the conservation objectives. By the time we get to the stage of proposing an area for designation, we would have already taken into account soci
December 7th, 2017Committee meeting
Jeff MacDonald
Fisheries committee Excuse me, Mr. Chair, but the wording in French is “une zone de protection marine”. That's the term used in French. That's referring to a marine protected area under the Oceans Act, whereas the context in which the amendment is made is in networks of marine protected areas, whic
December 7th, 2017Committee meeting
Jeff MacDonald
Fisheries committee I can answer Mr. Arnold's question.
December 7th, 2017Committee meeting
Jeff MacDonald
Fisheries committee He was originally asking in the context of interim protection MPAs with regard to the minister's order. Bill C-55 currently says that when the minister makes an order—he has the option not to—he shall list the classes of activities that are ongoing activities. If there is an ongo
December 7th, 2017Committee meeting
Jeff MacDonald
Fisheries committee That's correct. When we propose a regulatory package, either through a ministry order—because that's a regulatory instrument—or through a Governor in Council regulation, the package has to refer to subsection 35(1) of the Oceans Act and say that we are creating this regulation
December 7th, 2017Committee meeting
Jeff MacDonald
Fisheries committee Mr. Chair, certainly there would be circumstances where the minister may want to do that, especially if we're talking, for example, about areas of the ocean that we may have discovered have important ecological features where there has not yet been any human activity. One of the
December 7th, 2017Committee meeting
Jeff MacDonald
Fisheries committee It would allow the minister to propose to the Governor in Council a marine protected area based on ecological integrity as a criteria among other reasons.
December 7th, 2017Committee meeting
Jeff MacDonald