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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.

BILL C-68: An Act to amend the Fisheries Act and other Acts in consequence

6/20/2018

 
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.
​
The enactment also makes consequential amendments to other Acts.
READ MORE: http://www.parl.ca/DocumentViewer/en/42-1/bill/C-68/third-reading

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