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STAY INFORMED
​on the state of
science & fisheries
in Canada


Inadequate environmental impact assessments and crippled environmental legislation are still governing the fate of the Canadian landscape--but that could soon change.

Despite Justin Trudeau's inaugural promise to reinvest in ocean science, restore the scientific capability of the Department of Fisheries and Oceans, and use scientific evidence in environmental decision-making, liquefied natural gas projects continue to be approved without the amendments to environmental legislation Trudeau promised three years ago.

That being said, not all is lost. Amendments to the Fisheries Act and a newly-proposed Impact Assessment Act are currently being discussed in the Senate. Proposed amendments were introduced in February 2018 and passed the House of Commons in July 2018.

Soon after his inauguration, Justin Trudeau initiated a review of environmental and regulatory processes in response to rollbacks of environmental legislation under Stephen Harper. Over three years later, these promises may be coming to fruition.

Canada's next election is in October 2019.

Kenney Win Puts Maligned Trudeau Pipeline Law Under New Pressure

4/18/2019

 

By 
Josh Wingrove
BLOOMBERG

Alberta’s incoming premier is already fighting pipeline law changes that are in the offing.

Jason Kenney’s conservative party swept to power Tuesday in Canada’s oil heartland after a campaign in which he regularly took aim at Prime Minister Justin Trudeau. In his victory speech, Kenney also criticized Trudeau for “imposing new laws that will make it impossible to get pipelines approved in the future.”

A trio of proposed laws affecting pipeline, environmental and oil shipping laws are working their way through Canada’s Senate as Trudeau’s Liberals gear up for an October election, trailing in the polls. The most controversial is known as Bill C-69 -- Kenney’s predecessor in Alberta also opposed its current wording, but his election will add pressure to Trudeau to bow to concessions sought by the oil industry.

“I expect to see the federal government make substantial changes to that piece of legislation because they’re needed or the Canadian economy will suffer,” Tim McMillan, president of the Canadian Association of Petroleum Producers, told reporters Wednesday.

Proposed Law
The sprawling Bill C-69 would create a new regime for approvals of things like crude oil pipelines and new mines. Trudeau’s government argues the law clarifies a currently opaque system that sees projects regularly struck down by courts, but the oil industry says it’s too complicated and would deter new pipelines.

The proposed law has become a lightning rod and is now under examination in Canada’s increasingly unpredictable Senate. Changes to the bill are almost certain, and this will trigger a standoff with Trudeau’s elected lawmakers in the House of Commons. Meanwhile, the clock is ticking: an election would kill any bills that haven’t yet made it into law.
“This will give certainty, it will build public trust and therefore it will result in projects being built,” Senator Grant Mitchell, the bill’s sponsor in the upper chamber, said in an interview. He expects an amended version to pass. “The risk is in not doing it, in my mind. That’s not to say it can’t be changed.”

Industry View
C-69 is so wide-ranging there’s no cohesive industry view -- the oil sector opposes its current form, but others aren’t as worried. Oil industry groups have suggested major changes that would make the bill palatable, but warn they need to be taken broadly together, and not cherry-picked.

“If this bill passes like it is, it’s going to be a jobs killer, and investment killer and you’re not going to get the major projects that we should get,” Chris Bloomer, president of the Canadian Energy Pipeline Association, said in an interview.

Christopher Carlsen, vice-president of engineering at Birchcliff Energy, said during a conference in Toronto this week there’s “significant nervousness and investor questions” about the bill.

One key uncertainty is that the government hasn’t released the “project list” to which the new rules will apply. A draft of that list is expected to be made public in the coming weeks, a Canadian government official said, speaking on condition of anonymity because they aren’t authorized to speak publicly.

The Senate has sparred over how quickly it will consider C-69, first proposed last year, and two other bills: C-68, which makes related reforms to fishery and environmental laws, and C-48, which bans crude oil tanker traffic on the northwestern coast of British Columbia. All the bills touch on energy development and environmental rules.

Canadian Natural Resources Minister Amarjeet Sohi said the government is open to changes that would “strengthen” C-69, but signaled the government planned to push ahead with the bill despite the blow-back. “I respectfully disagree with the industry’s assessment of this legislation,” he said.

Timeline UnclearThe Trudeau government expects the bill to pass in some form and receive royal assent before the election, rather than stall and die, the Canadian official said. Trudeau has a majority in the House of Commons, and the Senate historically bows to the wishes of elected lawmakers.

If the law is passed, Trudeau’s government will also need to weigh how quickly it’ll take effect. The prime minister could face criticism from the industry if he pushes for a start date before the election.
​
“The fear is that in the rush, the bill itself could be mangled,” said Justyna Laurie-Lean, vice-president of environment and regulatory affairs at the Mining Association of Canada, which is calling for a year-long implementation process.
READ MORE: https://www.bloomberg.com/news/articles/2019-04-18/kenney-win-puts-maligned-trudeau-pipeline-law-under-new-pressure

B.C. North Coast residents to Ottawa: ‘We can’t make a living fishing’

4/10/2019

 
Lax Kw’alaams mayor, Prince Rupert biologist speak to standing committee on Fisheries and Oceans​
​SHANNON LOUGH
Coast Mountain News

As the federal government reviews the Fisheries Act, two North Coast B.C. residents flew to Ottawa to present how they think the act should be improved.

There are eight key areas to Bill C-68 and reconciliation with Indigenous peoples is listed as number two.

John Helin, mayor of the Lax Kw’alaams Band near Prince Rupert, painted a grim picture of his Indigenous community as he spoke to the Standing Senate Committee on Fisheries and Oceans – how members are struggling to make a living, and his experience with fisheries enforcement officers “racially profiling” members.

“We have a fleet of 70-80 gillnetters that can’t make a living anymore fishing for salmon. We have a fish plant in my community that at its peak, employs up 100 members in the village and we’re having a lot of challenges keeping that operation going,” Helin said.

To keep the fish plant going, they’ve diversified by processing groundfish, but he said with all the other fisheries coming into the area, they’ve lost an opportunity.

“There was a herring fishery in our day in the 70s and 80s, a seine herring fishery, and it wiped out that fish. To this day, that stock doesn’t come back. So herring is a staple, not just for people, but for other fish in the sea that feed off herring. So it’s alarming to us when DFO allows one guy to go out fishing and everyone else agrees to tie up,” Helin said.

Helin said the band wants to sign a comprehensive fisheries agreement with the Department of Fisheries and Oceans, but had never done so since losing a fisheries case. He said it’s resulted in members being targeted on the water.

“It got so bad where one of the fisheries enforcement guys boarded my son’s boat, he was fishing my boat, and he had his 10-year-old kid on the boat, and this guy pulls his gun on the deck of my son’s boat without provocation. That went to court and it was tossed out. That shows how we’re treated in our own traditionally territory,” he said.

“When you talk about reconciliation, consultation, they’re just empty words for us. So hopefully coming before committees like this, we can make the improvements that we want.”

Earlier in the day, third-generation fisherwoman, fisheries biologist and Prince Rupert resident Chelsey Ellis presented her suggested amendments to Bill C-68, saying more and more licenses and quota are being transferred from fishermen and away from coastal communities.

“For the few young fish harvesters trying to persevere, it’s getting harder to earn a living and find a safe, reliable and professional crew to work with,” Ellis said, adding young people are not joining the industry because they don’t see a future in it.
​
She called for measures to prioritize and incentivize licenses and quota for “those taking the risks and working long hard hours” to harvest Canadian seafood, and the promotion of independence of owner-operator enterprises within all commercial fisheries.
READ MORE: https://www.coastmountainnews.com/news/b-c-north-coast-residents-to-ottawa-we-cant-make-a-living-fishing/

Senate drops deadlines to pass controversial legislation, including Bill C-69 and oil tanker ban

4/5/2019

 
The legislation has become a focal point for many in the Western provinces concerned it could deter future investment in the oil and gas sector
Jesse Snyder
National Post


OTTAWA — Senators have agreed to discard a hard deadline on the passage of Bill C-69, according to a document obtained by the National Post, easing the pressure to complete the sweeping energy reforms before spring.

After a flurry of closed-door meetings Thursday, Conservative and Independent senators came to an agreement to reverse parts of a motion tabled one day earlier by Sen. Peter Harder, the Liberal government’s Senate representative, which would have fast-tracked 11 bills that are currently in the upper house. The deal between Conservative and Independent senators will eliminate proposed deadlines on three controversial pieces of legislation, including Bill C-69 and Bill C-48, the moratorium on oil tanker traffic in northern B.C. waters.

The agreement comes as the Senate energy committee prepares to tour the country to hear from witnesses on Bill C-69, which proposes to overhaul the review process for major energy projects like pipelines and hydro dams. The legislation has become a focal point for many in the Western provinces concerned it could deter future investment in the oil and gas sector.

Some senators have said they are open to amending the bill, which industry groups argue is lacking in detail and therefore leaves the project review process open to interpretation. Last August, Ottawa purchased the Trans Mountain pipeline for $4.5 billion as a way to ensure construction of the project, which had languished in part because of Canada’s complicated regulatory review process.

Harder tabled a motion Wednesday which would have imposed a tight deadline of May 30 for the Senate to pass Bill C-69, a full month before the upper house’s final scheduled sitting day before summer break, June 28. It also proposed a June 6 deadline for the oil tanker moratorium bill and a May 30 deadline for Bill C-68, the counterpart to Bill C-69 that focuses on ocean protections.

Conservative senators delayed a vote on the motion Wednesday, then in private meetings Thursday pushed for an agreement to remove some of the deadlines.

Still, the agreement maintains a firm timeline on when various committees need to report back to the Senate, imposing short timeframes in which senators can propose amendments.

The energy committee studying Bill C-69 will need to report back to the Senate by May 9, just weeks after senators complete their cross-Canada tour, according to the updated schedule seen by the Post. Senators on the transport committee, who are studying Bill C-48, will need to report back by May 16.

The tighter deadlines come as the end of the spring session nears, a fall election looms and a swath of legislation is lagging in the Senate. Thirteen bills are currently under review int he upper house, as well as roughly 10 more bills yet to be passed to the Senate from the House of Commons.

Some senators have accused the Conservatives of delaying bills for political purposes, causing some legislation to stall for as much as a year. Bill C-55, which updates various marine protections, has languished in the Senate since April 2018. The updated schedule now proposes to bass the bill by May 2.

Conservative senators, for their part, voiced loud objections to the motion on Wednesday, saying the government was looking to stifle debate on critical pieces of legislation.

“It’s not about the dates that are being proposed, it’s about the restriction,” Conservative Sen. Judith Seidman said Thursday morning, before the agreement was signed. “It’s constricting debate on the issues through this mass, widespread motion.”

In a statement Wednesday Conservative Sen. Larry Smith called Harder’s motion to assign deadlines to a bundle of 11 bills “unprecedented,” and said it “shuts down the abilities of senators to review and question government legislation.”

Independent Sen. Doug Black told the Post Wednesday that senators might have to work long hours in order to review and potentially amend the legislation before the May 9 deadline. Black, who represents Alberta, is not on the energy committee but has been an outspoken critic of the bill in its current form and plans to travel with other senators to hear from witnesses.
​
“It’s really tight, there’s no doubt about that,” he said. “But I believe that if we continue to work as hard as we’re working, we’re likely to achieve that timeline.”
READ MORE: https://nationalpost.com/news/senate-drops-deadlines-to-pass-controversial-legislation-including-bill-c-69-and-oil-tanker-ban#comments-area

Fisheries Act overhaul casts off at Senate committee

4/3/2019

 
By Holly Lake.
iPolitics


The overhaul of one of Canada’s oldest laws is now before the Senate fisheries committee.

Tuesday evening, Fisheries and Oceans Minister Jonathan Wilkinson spoke to Bill C-68, the government bill that aims to restore protections that were gutted from the Fisheries Act by the previous Conservative government in 2012 and incorporate new safeguards to protect fish and their habitat.

“As Canada’s population continues to grow, marine fisheries, freshwater and fish habitat need to be protected and conserved for future generations,” he told senators. “This bill encourages the adoption of best practices to mitigate and manage negative impacts, which is fundamental to sustainable economic growth.”

Introduced in February 2018 and passed by the House of Commons last June, the bill goes beyond restoring what was.

For the first time since the Act was enacted in 1868, the proposed legislation directs the minister of fisheries and oceans to manage fish stocks sustainably and to put rebuilding plans in place for depleted stocks.

Before 2012, it protected all fish and fish habitat in Canada. That changed when the Harper government introduced omnibus legislation that did away with a prohibition against the “harmful alteration, disruption or destruction of fish habitat.” The goal was to make life easier for farmers, and spare them having to navigate a sea of red tape to alter what they deemed to be insignificant bodies of water on their land.

As a result, protections were extended only to fish that were part of commercial, recreational or Indigenous fisheries.

This proposed overhaul would give Canada the kind of modern fisheries-management laws other leading fishing nations have in place. Proponents of the bill say it could mark a course correction for fisheries management in this country.

In addition to restored protections for fish habitat and better integrated management, it includes enhanced regulation and enforcement, increased monitoring and reporting, as well as more certainty and clarity of requirements for development projects.

The proposed amendments also require the minister to consider the traditional knowledge of Indigenous peoples when making certain decisions, specifically those involving fish and fish habitat. The government has included a requirement that confidential Indigenous knowledge provided to the minister must be protected, something that has long been called for.

The bill is sponsored by Independent Sen. Dan Christmas, Canada’s first Mi’kmaw member of the Red Chamber. When he spoke of the bill in October, Christmas noted it provides a constructive framework with practical mechanisms and tools to further reconciliation, a more collaborative relationship based on the recognition of the nation-to-nation reality, and sets the stage for Indigenous partnering agreements, but he said there’s still a bit of a road to travel.

“(The Department of Fisheries and Oceans) is by no means renowned for its sensitivity to Indigenous peoples, practices and customs … I’ll be watching closely to see whether the aims of these provisions will manifest the improvements they promise. The relationship between First Nations and DFO cannot yet be described as healthy or robust. I’m hopeful that it can be measurably improved.”

Wilkinson agreed to the need for improved relations between First Nations and his department.

“I believe the amendments in this bill are a step in the right direction, but we need to do more; not just through this legislation, but in our daily work across the country,” he said. “I look forward to hearing your views and the robust discussions I am certain will take place in this committee in the coming weeks.”

Bill C-68 has undergone wide consultations with Canadians and received a great deal of feedback in letters and emails, and online. The minister said the provisions in it have been refined to reflect that feedback.

“I know that there have been concerns raised regarding the potential for increased uncertainty, from proponents in resource industries, and the agricultural sector. The amendments made to C-68 have always been done with the intent to provide more clarity,” he said.

Sen. Mike Duffy asked what an overhauled act might mean for plans in Nova Scotia for the Northern Pulp paper mill to dump over 80 million litres of unrefined effluent — via a 10 kilometre pipe — into the waters of Northumberland Strait each day, which he noted are the fishing grounds of fishers in Nova Scotia, New Brunswick and Prince Edward Island.

Duffy is among a group of Independent senators who have called on the Trudeau government to do a full environmental assessment of the plan.

After years of receiving industrial-scale effluent from the kraft pulp mill in Pictou, Boat Harbour Basin is scheduled to be closed by the Nova Scotia government this year. That means Northern Pulp must come up with a new treatment plan for its effluent.

The company has committed to a new $70-million oxygen de-lignification system to improve the quality of the effluent it wants to discharge into the Strait. But as Michael Harris wrote for iPolitics in October, fishermen and members of Pictou Landing First Nation are adamant the idea is a bad one. They say the estuary that once supported a variety of marine life has become a toxic lake and a national disgrace, on par with the poisoned tailings ponds of Alberta and North Sydney.

The project is currently undergoing a provincial assessment, but lawyers for Friends of the Northumberland Strait say the province’s environment minister has a conflict of interest and have asked her to delegate her authority to the Canadian Environmental Assessment Agency given “the significant and financial interest” the province has in ensuring the assessment is concluded as quickly as possible.

Wilkinson said under the existing Fisheries Act and the new Fisheries Act, there is a requirement not to disturb fish or fish habitat, and that if there was going to be a disturbance, that it be mitigated and ultimately offset.

He said the decision to do a federal environmental assessment would fall to the environment minister, but his department would be directly involved in providing scientific advice with respect to the potential impacts on fish and fish habitat.

“The other piece of it is that there is a marine refuge in that area, so Fisheries and Oceans has to opine on whether there is any impact on the marine refuge.”

Wilkinson said there are other pulp and paper facilities that meet Environment Canada’s pulp and paper effluent standards and are authorized under the Fisheries Act to discharge into an ocean environment.

Duffy said people in the region might be surprised to hear that DFO, “which has been around for 100 years and has been looked to by people throughout the region for leadership on the fishery,” would be taking a back seat to Environment Canada.

Wilkinson said that’s not the case. His department is providing scientific information relating to fish and fish habitat to Environment Canada, which has the formal responsibility to do environmental assessments.

“Do you feel (residents’) pain and their anxiety,” Duffy asked.

Wilkinson, who was the parliamentary secretary for the environment before taking the helm at Fisheries and Oceans, said he definitely does.

“I have had conversations with the same groups while wearing two different hats. I feel their concern. It’s very important we are able to demonstrate from a scientific perspective that either there are specific concerns that should be addressed in a thoughtful way or the science tells us that this is not a significant issue.
​

“We need to make sure we’re doing the work to engage those conversations and being transparent about it.”

READ MORE: https://ipolitics.ca/2019/04/03/fisheries-act-overhaul-casts-off-at-senate-committee/

Map of Current LNG Projects in British Columbia

4/1/2019

 
To see a visual representation of LNG projects in B.C. as of April 2019, view current export facilities and pipelines map (PDF, 1MB).

Source:
B.C. Government

https://www2.gov.bc.ca/gov/content/industry/natural-gas-oil/lng/lng-projects
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