​WATERCANADA
By Katherine Balpataky

On Wednesday, the House of Commons passed a newly updated Fisheries Act that now aims to protect fish populations and safeguard fish habitat.

Bill C-68, introduced in February, is now headed to the Senate. The proposed legislation directs the minister of fisheries and oceans to manage fish stocks sustainably, restoring the protections that were lost with changes that were made in 2012.

These protections include a requirement to consider impacts on Indigenous rights and people, the ability to quickly put in place short-term measures to respond to threats to fish that may suddenly arise, and ecosystem-based management, and additional funding for enforcement.

A new public registry with information about licenses and project decisions that address the issue of transparency was also included in the Act.

Sigrid Kuehnemund, vice-president of ocean conservation for WWF-Canada, said, “Decades of unsustainable fishing practices have shrunk many marine species populations, resulting in biodiversity loss and economic loss for coastal communities. In the face of such loss, it is essential for any modern fisheries legislation to go beyond protecting existing fish habitat and to ensure the recovery and rebuilding of fish populations. If implemented and supported by strong regulations that set targets and timelines for rebuilding stocks, this act will be an important step to ensuring the long-term sustainability of fish populations and fisheries in Canada.”
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Elizabeth Hendriks, vice-president of freshwater conservation for WWF-Canada noted that the modernized Act also protects the flow of water, which is key to healthy river systems and aquatic species.
“A naturally flowing river is a key feature of a healthy river, and it is a huge win for nature that this is recognized in the new proposed Fisheries Act,” saidHendriks. “When we disrupt flow by blocking it with a dam or changing runoff with nearby forestry practices, we risk disrupting the entire ecosystem, driving wildlife declines, and community impacts.”

First Session, Forty-second Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018

HOUSE OF COMMONS OF CANADA

AS PASSED
BY THE HOUSE OF COMMONS
JUNE 20, 2018​

RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Fisheries Act and other Acts in consequence”.

SUMMARY
This enactment amends the Fisheries Act to, among other things,

(a) require that, when making a decision under that Act, the Minister shall consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, include provisions respecting the consideration and protection of Indigenous knowledge of the Indigenous peoples of Canada, and authorize the making of agreements with Indigenous governing bodies to further the purpose of the Fisheries Act;

(b) add a purpose clause and considerations for decision-making under that Act;

(c) empower the Minister to establish advisory panels and to set fees, including for the provision of regulatory processes;

(d) provide measures for the protection of fish and fish habitat with respect to works, undertakings or activities that may result in the death of fish or the harmful alteration, disruption or destruction of fish habitat, including in ecologically significant areas, as well as measures relating to the modernization of the regulatory framework such as authorization of projects, establishment of standards and codes of practice, creation of fish habitat banks by a proponent of a project and establishment of a public registry;

(e) empower the Governor in Council to make new regulations, including regulations respecting the rebuilding of fish stocks and importation of fish;

(f) empower the Minister to make regulations for the purposes of the conservation and protection of marine biodiversity;

(g) empower the Minister to make fisheries management orders prohibiting or limiting fishing for a period of 45 days to address a threat to the proper management and control of fisheries and the conservation and protection of fish;

(h) prohibit the fishing of a cetacean with the intent to take it into captivity, unless authorized by the Minister, including when the cetacean is injured, in distress or in need of care; and

(i) update and strengthen enforcement powers, as well as establish an alternative measures agreements regime; and

(j) provide for the implementation of various measures relating to the maintenance or rebuilding of fish stocks.
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The enactment also makes consequential amendments to other Acts.

READ MORE: http://www.parl.ca/DocumentViewer/en/42-1/bill/C-68/third-reading

By OCEANA Canada

TORONTO, June 20, 2018 (GLOBE NEWSWIRE) -- Today, the new proposed Fisheries Act, Bill C-68, was passed by the House of Commons and will now be studied in the Senate. The Bill includes a historic change in how Canada manages our fisheries: for the first time since the Fisheries Act was enacted in 1868, this Bill would direct the Minister of Fisheries and Oceans to manage fish stocks sustainably, and to put rebuilding plans in place for depleted stocks.

“The new amendments in Bill C-68 are a big step forward. If backed by strong regulations, this proposed Act could put Canada’s fisheries on a path to abundance and provide greater economic benefits to communities,” said Josh Laughren, Executive Director, Oceana Canada.

"Thanks to Minister LeBlanc’s leadership, the new provisions bring Canada closer to modern fisheries management laws in other leading fishing nations.”

While applauding the Bill, Oceana Canada noted there could still be stormy waters ahead. Bill C-68 allows the Minister to exempt stocks from rebuilding and sustainability requirements if it is deemed that there are adverse socio-economic or cultural impacts, as long as the reasons are made public. 

“We applaud the transparency of decision making,” said Laughren. “However, we must ensure that the exceptions allowed in the proposed Act are rarely made and only for good reason, when absolutely necessary. Strong regulations, providing guidance on the use of exceptions and outlining requirements for science-based targets and timelines for fisheries rebuilding, are essential for this proposed Act to succeed in restoring Canada’s fisheries.”

Oceana Canada is calling on the Senate to quickly take up consideration of the Bill, and to support the new provisions for rebuilding and sustainably managing Canada’s fisheries, for the long-term benefit of our oceans and all who rely upon them.

In the fall of 2017, Oceana Canada released the 2017 Fisheries Audit that revealed that Canadian fisheries are in trouble: only one third of stocks are considered healthy and 13 per cent are in critical condition. Research shows that successfully rebuilding fish stocks occurs in jurisdictions where rebuilding plans are mandatory for overfished stocks. Oceana Canada will continue its work to ensure rebuilding is strongly mandated in the Fisheries Act amendments.

For more information, please contact: Kara-Ann Miel, Communications Director, Oceana Canada, 647-535-6326, kmiel@oceana.ca
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About Oceana Canada
Oceana Canada was established as an independent charity in 2015 and is part of the largest international advocacy group dedicated solely to ocean conservation.
Canada has the longest coastline in the world, with an ocean surface area of 7.1 million square kilometres, or 70 per cent of its landmass. Oceana Canada believes that Canada has a national and global obligation to manage our natural resources responsibly and help ensure a sustainable source of protein for the world’s growing population. Oceana Canada works with civil society, academics, fishers, Indigenous Peoples and the federal government to return Canada’s formerly vibrant oceans to health and abundance. By restoring Canada’s oceans, we can strengthen our communities, reap greater economic and nutritional benefits, and protect our future. oceana.ca.

First Session, Forty-second Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018

HOUSE OF COMMONS OF CANADA

​AS PASSED
BY THE HOUSE OF COMMONS
JUNE 20, 2018

RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts”.

SUMMARY
Part 1 enacts the Impact Assessment Act and repeals the Canadian Environmental Assessment Act, 2012. Among other things, the Impact Assessment Act

(a) names the Impact Assessment Agency of Canada as the authority responsible for impact assessments;

(b) provides for a process for assessing the environmental, health, social and economic effects of designated projects with a view to preventing certain adverse effects and fostering sustainability;

(c) prohibits proponents, subject to certain conditions, from carrying out a designated project if the designated project is likely to cause certain environmental, health, social or economic effects, unless the Minister of the Environment or Governor in Council determines that those effects are in the public interest, taking into account the impacts on the rights of the Indigenous peoples of Canada, all effects that may be caused by the carrying out of the project, the extent to which the project contributes to sustainability and other factors;

(d) establishes a planning phase for a possible impact assessment of a designated project, which includes requirements to cooperate with and consult certain persons and entities and requirements with respect to public participation;

(e) authorizes the Minister to refer an impact assessment of a designated project to a review panel if he or she considers it in the public interest to do so, and requires that an impact assessment be referred to a review panel if the designated project includes physical activities that are regulated under the Nuclear Safety and Control Act, the Canadian Energy Regulator Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act;

(f) establishes time limits with respect to the planning phase, to impact assessments and to certain decisions, in order to ensure that impact assessments are conducted in a timely manner;

(g) provides for public participation and for funding to allow the public to participate in a meaningful manner;

(h) sets out the factors to be taken into account in conducting an impact assessment, including the impacts on the rights of the Indigenous peoples of Canada;

(i) provides for cooperation with certain jurisdictions, including Indigenous governing bodies, through the delegation of any part of an impact assessment, the joint establishment of a review panel or the substitution of another process for the impact assessment;

(j) provides for transparency in decision-making by requiring that the scientific and other information taken into account in an impact assessment, as well as the reasons for decisions, be made available to the public through a registry that is accessible via the Internet;

(k) provides that the Minister may set conditions, including with respect to mitigation measures, that must be implemented by the proponent of a designated project;

(l) provides for the assessment of cumulative effects of existing or future activities in a specific region through regional assessments and of federal policies, plans and programs, and of issues, that are relevant to the impact assessment of designated projects through strategic assessments; and

(m) sets out requirements for an assessment of environmental effects of non-designated projects that are on federal lands or that are to be carried out outside Canada.

Part 2 enacts the Canadian Energy Regulator Act, which establishes the Canadian Energy Regulator and sets out its composition, mandate and powers. The role of the Regulator is to regulate the exploitation, development and transportation of energy within Parliament’s jurisdiction.

The Canadian Energy Regulator Act, among other things,

(a) provides for the establishment of a Commission that is responsible for the adjudicative functions of the Regulator;

(b) ensures the safety and security of persons, energy facilities and abandoned facilities and the protection of property and the environment;

(c) provides for the regulation of pipelines, abandoned pipelines, and traffic, tolls and tariffs relating to the transmission of oil or gas through pipelines;

(d) provides for the regulation of international power lines and certain interprovincial power lines;

(e) provides for the regulation of renewable energy projects and power lines in Canada’s offshore;

(f) provides for the regulation of access to lands;

(g) provides for the regulation of the exportation of oil, gas and electricity and the interprovincial oil and gas trade; and

(h) sets out the process the Commission must follow before making, amending or revoking a declaration of a significant discovery or a commercial discovery under the Canada Oil and Gas Operations Act and the process for appealing a decision made by the Chief Conservation Officer or the Chief Safety Officer under that Act.

Part 2 also repeals the National Energy Board Act.

Part 3 amends the Navigation Protection Act to, among other things,

(a) rename it the Canadian Navigable Waters Act;

(b) provide a comprehensive definition of navigable water;

(c) require that, when making a decision under that Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada;

(d) require that an owner apply for an approval for a major work in any navigable water;

(e)  set out the factors that the Minister must consider when deciding whether to issue an approval;

(f) provide a process for addressing navigation-related concerns when an owner proposes to carry out a work in navigable waters that are not listed in the schedule;

(g) provide the Minister with powers to address obstructions in any navigable water;

(h) amend the criteria and process for adding a reference to a navigable water to the schedule;

(i) require that the Minister establish a registry; and
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(j) provide for new measures for the administration and enforcement of the Act.
Part 4 makes consequential amendments to Acts of Parliament and regulations.