By Stephanie Axmann & Bryn Gray
McCARTHY TETRAULT

​On August 28, 2019, Canada’s new federal environmental legislation under Bill C-69 (including the Impact Assessment Act (IAA), Canadian Energy Regulator Act (CERA), and Canadian Navigable Waters Act (CNWA)) and Bill C-68 (amendments to the Fisheries Act and other Acts in consequence) came into force.  These new statutes and legislative amendments introduce enhanced Indigenous consultation requirements for mining, pipeline, and other projects that require federal impact assessments and certain federal regulatory approvals and permits. McCarthy Tétrault’s update on the new IAA (including key transitional provisions) and associated Regulations is available here.

Bill C-69 Amendments

In February 2018, we wrote an overview of the Indigenous-related aspects and implications of the proposed IAA. The House of Commons’ proposed amendments to Bill C-69 were subsequently reviewed by the Senate Committee on Energy, the Environment and Natural Resources. Of the Senate’s 188 proposed amendments, the House of Commons accepted 62 amendments fully and 37 with modifications. Bill C-69, as amended, received Royal Assent on June 21, 2019.

In broad strokes, the overall scope and approach with regard to the Indigenous aspects of the now-in force IAA (as well as CERA and CNWA) have remained substantially similar since First Reading. The new Indigenous-related aspects of the IAA and other Acts generally focus on new measures designed to:

1. increase opportunities for Indigenous participation, cooperation and partnership with government in impact assessment processes and decision-making;
2. enhance recognition and consideration of Indigenous rights and interests; and
3. enhance consultation and engagement opportunities for Indigenous groups.

As part of this, the IAA and CERA expands the scope of what must be considered vis-à-vis Indigenous interests in decisions or recommendations under these statutes. The decision-maker will be required to consider any impacts on Indigenous peoples and their asserted and established Aboriginal or treaty rights.  This goes beyond the common law requirements of the duty to consult, which is limited to the consideration of impacts on section 35 rights and does not consider impacts on Indigenous peoples generally. 

The federal government summarized the House of Commons’ proposed Indigenous-related amendments to Bill C-69 in a summary document; these proposals were largely adopted by the Senate and embodied in the final version of the Bill. Below are some notable Indigenous-related amendments made to Bill C-69 (and particularly to the IAA) since First Reading in the House of Commons in 2018.

Express reference to UNDRIP

No reference was made to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in the initial draft of Bill C-69. This absence was notable given that the federal government had previously committed to implementing UNDRIP.  UNDRIP contains a number of provisions relating to seeking the free, prior, and informed consent (FPIC) of Indigenous groups in various situations, including the approval of projects affecting their lands or territories. UNDRIP is now referred to in the preambles of the IAA and CERA (which state, “Whereas the Government of Canada is committed to implementing” UNDRIP) but there are no requirements for Indigenous consent in either statute except for reiterating pre-existing consent requirements for the use of reserve land and certain treaty lands in CERA. The IAA and CERA now also expressly mandate government authorities to exercise their powers in a manner that respects the Government of Canada’s commitments with respect to the rights of Indigenous peoples. It is unclear how this mandate provision will be interpreted and we anticipate that both provisions could become the subject of future litigation. (These references have not been added to the CNWA).

Bill C-69 generally reflects the federal government’s apparent intentions to implement the principles of UNDRIP and specifically the concept of FPIC of Indigenous groups in decision-making. The federal government is doing so by increasing opportunities for Indigenous participation in decision-making (“aiming to secure consent”) rather than by implementing a stricter standard of consent in respect of all decisions affecting Indigenous peoples or rights.  The wording of certain FPIC provisions and the manner in which UNDRIP has been implemented outside of Canada provides support for Canada’s position. The federal government’s approach aims to strike a balance between competing interests, including where certain affected Indigenous groups support a project and others oppose it. However, there continues to be heightened expectations of consent and confusion in this area. This is due in part to earlier statements by the federal government about their “unqualified support” for UNDRIP which they have in fact qualified through further statements and actions, including Bill C-69.  

The various agreement, arrangement, substitution and delegation approaches set out in the IAA give rise to the potential for Indigenous groups to negotiate consent principles into decision-making processes. These types of agreements and arrangements are discretionary on the part of either the Minister or the Impact Assessment Agency (Agency). If exercised, they give rise to potential opportunities that would significantly shift assessment and decision-making authority from government to Indigenous groups whose rights may be affected by a project. In our view, the true extent to which such measures will have any meaningful impact on the impact assessment regime will largely depend on the government’s willingness to implement them in practice, and particularly the degree to which they are willing to enter into such agreements with Indigenous groups that are not parties to modern treaties, and whether government will offer up authority beyond projects on modern treaty or reserve lands.

Consideration and Protection of Indigenous Knowledge

“Indigenous knowledge” has replaced references to the “traditional knowledge of the Indigenous peoples of Canada” in each Act in Bill C-69. Indigenous knowledge is defined broadly as “the Indigenous knowledge of the Indigenous peoples of Canada. The federal government has indicated that this change in terminology is to clarify that Indigenous knowledge is intended to include the evolving knowledge of Indigenous peoples and is not limited to “traditional knowledge”.

New measures have also been added to ensure transparency in the consideration of Indigenous knowledge. For example, the IAA includes various new reporting requirements on the Agency, review panel, or jurisdiction for a substituted process to expressly describe how Indigenous knowledge was considered and applied in their assessment and decision-making processes.

There are also new measures to ensure the protection of confidentiality of Indigenous knowledge. For example, under the IAA, CERA and CNWA, prior to disclosing Indigenous knowledge for purposes of procedural fairness and natural justice, the Minister, Agency, committee, review panel, or Regulator, as applicable, must consult with the provider of Indigenous knowledge about the scope of proposed disclosure and potential conditions of disclosure.

This still leaves many unanswered questions about how Indigenous knowledge will be considered in project reviews and how to address the challenges that have arisen in the past with the collection and incorporation of Indigenous knowledge into project reviews. With respect to next steps for the implementation of the Indigenous knowledge provisions under Bills C-69 and C-68, the federal government has announced that “federal organizations will work in partnership with Indigenous peoples to promote a common understanding for the consideration and protection of Indigenous knowledge in project reviews and regulatory decisions through the development of an Indigenous Knowledge Policy Framework and other procedures and guidance.” Further information regarding the development of the Indigenous Knowledge Policy Framework is available here.

Additional Consultation and Cooperation Requirements

The final version of Bill C-69 contains amendments to ensure additional consideration of Indigenous interests in certain decision-making.  For example, under the IAA, in deciding whether an impact assessment of a designated project is required, the Agency must take into account a range of factors, including comments received within the specified time period from any jurisdiction or Indigenous group that is consulted. Moreover, if the Agency decides that an impact assessment of a designated project is required, it must provide the proponent with certain documents, including tailored guidelines regarding information or studies required from the proponent and “plans for cooperation with other jurisdictions, for engagement and partnership with Indigenous peoples, for public participation and for the issuance of permits.”  It remains to be seen how detailed and prescriptive this information will be.

Indigenous Representation on Advisory Councils

Under the IAA, the Minister must establish an advisory council to advise him or her on issues related to the implementation of the impact assessment and regional and strategic assessment regimes set out under the Act. Amendments were made to ensure a distinction-based approach to Indigenous membership on advisory councils, such that the interests of First Nations, Métis and Inuit peoples are all represented. Membership on this council must include at least one person representing interests of each of First Nations, Inuit and Métis.  Similarly, membership on the committee to advise the Agency regarding the interests and concerns of Indigenous peoples in relation to assessments to be conducted under the Act must also include at least one person representing interests of each of First Nations, Inuit, and Métis.

Similarly, under CERA, the establishment of an Indigenous advisory committee by the Regulator is now mandatory, for the purpose of enhancing the involvement of Indigenous peoples and organizations in respect of pipelines, power lines, offshore renewable energy projects and abandoned projects. Membership on the advisory committee must also include at least one person representing the interests of each of First Nations, Inuit and Métis.

References to Indigenous Women

Express requirements for consideration of the rights of Indigenous women have been added to two sections of the IAA. Before making an order to designate a physical activity that is not prescribed by regulations, the Minister may consider adverse impacts of the physical activity on the rights of Indigenous peoples – including Indigenous women. As well, when conducting a regional assessment or committee assessment of a federal policy, plan or program relevant to conducting impact assessments, the Agency or committee must take into account Indigenous knowledge provided with respect to the assessment – including the knowledge of Indigenous women.

Indigenous Capacity Support Program

Separate from Bill C-69, the federal government recently announced a new Indigenous Capacity Support Program as part of its efforts to improve and facilitate Indigenous participation in the new IA process. The program aims to assist Indigenous peoples, communities and organizations develop skills to better participate in impact assessments. The government’s Public Notice states that “[t]his funding, provided outside the context of specific project reviews, is intended to support better informed and more meaningful engagement and leadership of Indigenous peoples in consultations on project assessments, regional and strategic initiatives, and policy development.”

All Indigenous organizations, groups and communities are eligible, including: Indigenous groups or collectives coordinating more than one Indigenous group; and incorporated or registered Indigenous non-profit organizations, such as a band council, association, co-operative or institution. The nature and type of activities that are considered eligible (to a maximum funding allocation of $300,000) include: developing or supporting organizational capacity to participate in or undertake, as well as deliver information, data and studies on behalf of Indigenous communities or organizations mandated to support the implementation of environmental assessments; and outreach activities to strengthen awareness of environmental assessment issues; and design and delivery of workshops, training programs, or materials for Indigenous peoples for related activities.

Bill C-68 Amendments

In February 2018, we also wrote an overview of the Indigenous-related aspects of the initial draft of Bill C-68 and its proposed amendments to the Fisheries Act. In furtherance of the federal government’s reconciliation efforts with Indigenous peoples, the Fisheries Act amendments provide opportunities to increase and strengthen the role of Indigenous groups in decision-making under the Act, which includes the potential for an increased role in project reviews, monitoring and policy development.

Following the introduction of Bill C-68, there were a number of Indigenous-related amendments including:

• The definition of Indigenous, in relation to a fishery, has been amended to mean: “that fish is harvested by an Indigenous organization or any of its members pursuant to the recognition and affirmation of Aboriginal and treaty rights in section 35 of the Constitution Act, 1982 or for any purposes set out in any rights implementation measures as agreed to by the Crown and Indigenous peoples.” The earlier definition referred to the use of fish as food for social or ceremonial purposes, or for purposes set out in a land claims agreement. Although nuanced, the new definition seems to potentially broaden the scope of what could constitute an Indigenous fishery under the Act.
  
  
• The Act introduces new measures to maintain and rebuild major fish stocks prescribed by regulations, which could affect Indigenous fisheries.
  
  
• The Rights of Indigenous peoples of Canada are now positively recognized under the Act, which “is to be construed as upholding” section 35 rights, and not as abrogating or derogating from them. As well, any agreement entered into by the Minister with an Indigenous governing body to further the purposes of the Act, must now expressly “respect the rights recognized and affirmed by section 35.”
  
  
• As with Bill C-69, references to the traditional knowledge of Indigenous peoples of Canada have been changed to Indigenous knowledge. As well, before disclosing Indigenous knowledge for the purposes of procedural fairness and natural justice, the Minister must consult with the provider of the Indigenous knowledge about the scope and potential conditions of disclosure.

We will continue to monitor and provide commentary on the new legislation and associated regulations, and as any implementation guidelines that are released. 

SOURCE: https://www.mccarthy.ca/en/insights/blogs/canadian-era-perspectives/indigenous-implications-bills-c-69-and-c-68-worth-second-look?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original

NEWS PROVIDED BY
Fisheries and Oceans Canada, Pacific Region

​VANCOUVER, Sept. 5, 2019 /CNW/ - Healthy wild fish stocks are vital to the economic prosperity and social fabric of British Columbia's coastal communities, and are fundamental to the culture of many Indigenous communities.

The focus on habitat restoration projects and research science is part of a broader approach to addressing declines in salmon stocks that include restoring lost protections for fish and fish habitat in the modernized Fisheries Act, science-based fisheries management measures, reviewing concerns regarding predation and implementing a plan to fight climate change.

Today, the Minister of Fisheries, Oceans and the Canadian Coast Guard, the Honourable Jonathan Wilkinson, and the British Columbia Minister of Agriculture, the Honourable Lana Popham, announced 14 projects under the British Columbia Salmon Restoration and Innovation Fund (BCSRIF), amounting to almost $6.2 million in year one funding and almost $30 million in funding over the five years of the program.

Projects funded under BCSRIF will advance work to enhance salmon habitats to help support British Columbia's fish and seafood sector, and help secure the sustainability of wild Pacific salmon, as well as other wild fish stocks. Over the next five years, investments through the BCSRIF will help ensure British Columbia's wild fisheries are environmentally and economically sustainable for the long-term, and that employment in the fishery is resilient to the challenges of climate change, as well as evolving economic conditions.

BCSRIF funding is open to Indigenous communities, industry associations, environmental non-governmental organizations and academic institutions. Each application is reviewed and approved by Fisheries and Oceans Canada and the Province of British Columbia. Investments through this program will benefit commercial and recreational fishing and aquaculture, as well as science and research initiatives.

​Quotes

"Our government understands the need to protect and restore salmon habitats as a key part of our plan to sustain and restore wild salmon populations. Through the investments being made under the British Columbia Salmon Restoration and Innovation Fund, we are taking decisive action in improving conditions and habitat in waterways across the province. Working in partnership with the Province of British Columbia, I am confident that we can and are making substantive progress in protecting and enhancing our wild fish stocks and in strengthening our fishing industry for today, and for generations to come."

The Honourable Jonathan Wilkinson, Minister of Fisheries, Oceans and the Canadian Coast Guard

"These projects highlight how many British Columbians are working together to help wild salmon, and how our collective knowledge, respect and appreciation of the species will help them recover. Multiple First Nations, governments, conservation organizations, industry, and academic institutions are working to restore habitat in key streams and rivers in different parts of the province, research ways to optimize performance in community hatcheries, and help understand and prepare for the threats salmon face through climate change. It is a lot of hard work, and it will be ongoing, but the impressive cooperation and commitment of so many British Columbians is helping the outlook for wild salmon recovery."

The Honourable Lana Popham, BC Minister of Agriculture

Quick Facts

• Additional information on the 23 initial projects selected for BCSRIF funding can be found online here.
• The British Columbia Salmon Restoration and Innovation Fund is a 70 per cent federal, 30 per cent provincial cost-shared program.
• The Government of Canada is investing $100 million over five years through the British Columbia Salmon Restoration and Innovation Fund, and is providing a one-time investment of $5 million for the Pacific Salmon Endowment Fund.
• The Government of British Columbia is investing $42.85 million over five years through the fund and has provided a one-time grant of $5 million for the Pacific Salmon Foundation.
• Indigenous communities, commercial organizations in the wild fisheries and aquaculture sectors, recreational fisheries, as well as non-commercial organizations such as universities and research institutions, industry associations and conservation groups, can apply.
• Salmon are a part of intricate food webs, from tiny zooplankton, to large mammals like whales and bears, in both their freshwater and marine environments.
• Wild salmon are culturally important for many First Nations in British Columbia. Wild salmon is also part of the province's long-running tradition of recreational and sport fishing, which is directly connected to its tourism industry.
• Further opportunities to apply for funding will be provided in the late fall of 2019. Details and exact dates will be made available at a later date.

Associated Links

• British Columbia Salmon Restoration and Innovation Fund
• Canadian Fish and Seafood Opportunities Fund
• National Indigenous Fisheries Institute
• British Columbia Conservation Foundation
• Baker Creek Enhancement Society
• Nazko First Nation
• Pacific Climate Impacts Consortium (UVic)
• Sport Fishing Institute of British Columbia
• Scw'exmx Tribal Council
• Secwepemcul'ecw Restoration and Stewardship Society
• Tides Canada
• Watershed Watch Society
• Pacific Salmon Foundation
• Canadian Wildlife Federation
• British Columbia Cattlemen's Association
• 'Namgis First Nation
• Kwikwasut'inuxw Haxwa'mis First Nation
• Mamalilikulla First Nation

Backgrounder
British Columbia projects that are receiving funding through the British Columbia Salmon Restoration and Innovation Fund include:

• The National Indigenous Fisheries Institute will engage with Indigenous communities to identify potential large-scale, multi-Nation initiatives that could be supported by BCSRIF. This work will also encourage increased Indigenous involvement in science partnerships, innovation and infrastructure investments that would improve productivity, sustainability, and safety across the sector. The National Indigenous Fisheries Institute will receive up to $385K in funding.
• Led by the British Columbia Conservation Foundation, the "Innovative Habitat Restoration Demonstration" is a multi-year, watershed-scale demonstration project to showcase innovative habitat restoration methods that accommodate the effects of recent ecosystem shifts with benefits to Chinook, coho, sockeye and steelhead. The project will promote restoration, protection and maintenance of healthy and diverse salmon populations and their habitats. The 'Innovative Habitat Restoration Demonstration' will receive nearly $5M (approximately $792K in year 1) in funding.
• The Baker Creek Enhancement Society will collaborate with the Nazko First Nation to undertake restoration of critical habitat affected by the Plateau Fire. This work will also prevent further habitat degradation from normal precipitation and predictable storm events. The Baker Creek Enhancement Society in collaboration with the Nazko First Nation will receive up to $750K (approximately $150K in year 1) in funding.
• The Pacific Climate Impacts Consortium (UVic) will conduct research to improve our understanding of potential threats to Pacific salmonids and their habitats posed by climate change and develop risk assessment tools to support adaptive regional management approaches. The Pacific Climate Impacts Consortium (UVic) will receive close to $1M (approximately $113K in year 1) in funding.
• BCSRIF will support elements of the Sport Fishing Institute of British Columbia (SFI) Vision 2021. This is an action plan to maximize the social and economic potential of the recreational fishery on Canada's Pacific coast. The project aims to improve representation of the fishing community and increase participation in the fishing sector by youth, new Canadians and others. SFI will receive up to $701K (approximately $149K in year 1) in funding.
• The Scw'exmx Tribal Council and partners will assess and rehabilitate degraded habitats in the Coldwater River and Guichon Creek watersheds to improve survival of Thompson steelhead and Chinook salmon. The Scw'exmx Tribal Council and partners will receive close to $1.3M (approximately $126K in year 1) in funding.
• The Secwepemcul'ecw Restoration and Stewardship Society, in partnership with Secwepemc communities and the 100 Mile Natural Resource District will undertake restoration of critical habitat affected by the 2017 Elephant Hill Wildfire in the Traditional territories of the 8 Secwepemcul'ecw Nations. The Secwepemcul'ecw Restoration and Stewardship Society, Secwepemc communities and the 100 Mile Natural Resource District will receive nearly $2.6M (approximately $430K in year 1) in funding.
• Tides Canada and the Watershed Watch Society along with other partners, will implement "Connected Waters", a project to identify priority sites requiring infrastructure upgrades and habitat restoration across the Lower Fraser River watershed, which will support the reintegration of vital wild salmon habitats. Tides Canada and the Watershed Watch Society will receive nearly $600k (approximately $232K in year 1) in funding.
• The Pacific Salmon Foundation (PSF) will conduct a science-based review of hatcheries in the Pacific Region (including community hatcheries and DFO major facilities) to evaluate performance and the effectiveness of current genetic and genomic tools, in order to optimize salmon production in BC. PSF will receive nearly $1.1M (approximately $305K in year 1) in funding.
• The Canadian Wildlife Federation will bring together partners, including federal and provincial governments, non-governmental organizations, First Nations and communities to prioritize fish passage remediation efforts across BC to maximize the benefits for steelhead trout and Pacific salmon. The Canadian Wildlife Federation will receive close to $4M (approximately $1.2M in year 1) in funding.
• The British Columbia Cattlemen's Association will deliver the Farmland Riparian Interface Stewardship Program, promoting habitat restoration and stewardship on agricultural lands in BC. The program will encourage environmental farm planning within the agricultural sector for more "fish friendly" land management practices around riparian corridors, as well as promoting water conservation for BC Interior salmon streams experiencing frequent critical low flows. The British Columbia Cattlemen's Association will receive up to $550K (approximately $110K in year 1) in funding.
• The 'Namgis, Kwikwasut'inuxw Haxwa'mis, and Mamalilikulla First Nations will partner on activities to assess, prioritize and restore critical salmon habitat in the Nimpkish and Kokish Rivers, Rivers flowing from Bond Sound, Thompson Sound, Wakemen Sound, Viner Sound and Rivers Near Hoyea Sound and Lull Creek. The 'Namgis, Kwikwasut'inuxw Haxwa'mis, and Mamalilikulla First Nations will receive more than $4.2M (approximately $479K in year 1) in funding.
• The 'Namgis, Kwikwasut'inuxw Haxwa'mis, and Mamalilikulla First Nations will work together on the first steps towards establishing a genomics lab to analyze samples collected by First Nations with an interest in conducting independent fish health sampling. The 'Namgis, Kwikwasut'inuxw Haxwa'mis, and Mamalilikulla First Nations will receive approximately $50K in funding.
• The 'Namgis, Kwikwasut'inuxw Haxwa'mis, and Mamalilikulla First Nations will implement the Broughton First Nations Indigenous Monitoring and Inspection Plan, using BCSRIF support to build monitoring and oversight capacity over finfish farms in the Broughton, capacity to monitor wild salmon, other marine species (and their ecosystems) and to conduct salmon habitat restoration activities. The 'Namgis, Kwikwasut'inuxw Haxwa'mis, and Mamalilikulla First Nations will receive close to $7.3M (approximately $1.7M in year 1) in funding.

Stay Connected

• Follow Fisheries and Oceans Canada on Twitter, Facebook and YouTube.
• Follow the Canadian Coast Guard on Twitter, Facebook and YouTube.
• Subscribe to receive our news releases and more via RSS feeds. For more information or to subscribe, visit http://www.dfo-mpo.gc.ca/media/rss-eng.htm

SOURCE Fisheries and Oceans Canada, Pacific Region
​
For further information: Jocelyn Lubczuk, Press Secretary, Office of the Minister of Fisheries, Oceans and the Canadian Coast Guard, 343-548-7863, Jocelyn.lubczuk@dfo-mpo.gc.ca; Media Relations, Fisheries and Oceans Canada, 613-990-7537, Media.xncr@dfo-mpo.gc.ca
Related Linkswww.pac.dfo-mpo.gc.ca

SOURCE: https://prn.to/2MZ4EiF​

By Fisheries and Oceans (DFO) Canada

OTTAWA, Aug. 28, 2019 /CNW/ - Canada's oceans, lakes, and rivers are important to the millions of people, including Indigenous communities, that depend on them for work, food, and recreation and cultural purposes. To ensure these waters and the species that live in them are protected, in 2015 the Government of Canada committed to strengthening fish and fish habitat protections and incorporating modern safeguards to the Fisheries Act.

Today, the Minister of Fisheries, Oceans and the Canadian Coast Guard, the Honourable Jonathan Wilkinson, announced an important milestone has been reached towards ensuring the protection and conservation of fish and fish habitat. On August 28, 2019, strengthened fish and fish habitat protection provisions under the modernized Fisheries Act, as well as regulations that support these provisions, officially come into force.

These changes include:

• protection for all fish and fish habitats;
• restoring the previous prohibition against the "harmful alteration, disruption or destruction of fish habitat"; and,
• restoring a prohibition against causing "the death of fish by means other than fishing".

Updated guidance and information on these new provisions is available on Fisheries and Oceans Canada's website.

Quotes
"This is the culmination of a long journey to strengthen protections into the Fisheries Act. Canada is home to the world's longest coastline and our countless lakes, rivers, streams and wetlands hold one-fifth of the world's freshwater. With a modernized Fisheries Act, we now have the right tools in place to fully protect our fish and fish habitat from coast to coast to coast."

The Honourable Jonathan Wilkinson, Minister of Fisheries, Oceans and the Canadian Coast Guard

Quick Facts

• The Government of Canada announced its intention to propose amendments to the Fisheries Act in 2016. Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, was tabled in Parliament on February 6, 2018. The Bill received royal assent on June 21, 2019.
• In developing these new provisions, the Government of Canada consulted broadly with provincial and territorial governments, Indigenous peoples, industry stakeholders, environmental non-government organizations, and the public to discuss planned amendments to the Fisheries Act.
• The coming into force of these provisions coincides with the coming into force of the Authorizations Concerning Fish and Fish Habitat Protection Regulations, which will repeal and replace the existing Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations.
• Additional Fisheries Act amendments, to provide for a public registry of decisions made under the fish and fish habitat protection provisions, will be brought into force at a later date.

Associated Links
A modernized Fisheries Act for Canada
Projects Near Water
Canada Gazette II: Order Fixing August 28, 2019 as the Date on which Certain Provisions of that Act Come into Force
Canada Gazette II: Authorizations Concerning Fish and Fish Habitat Protection Regulations

​Stay Connected

• Follow Fisheries and Oceans Canada on Twitter, Facebook, Instagram and YouTube.
• Follow the Canadian Coast Guard on Twitter, Facebook, Instagram and YouTube.
• Subscribe to receive our news releases and more via RSS feeds. For more information or to subscribe, visit http://www.dfo-mpo.gc.ca/media/rss-eng.htm.

By Fatima Syed
CANADA'S NATIONAL OBSERVER

Environmental groups have given Prime Minister Justin Trudeau's government a passing grade on its efforts to restore protections to Canada's natural habitats, which the Liberals say are in jeopardy if the Conservatives return to power following this fall's federal election.

Nature Canada has created a report card — in consultation with Freshwater Alliance and other environmental law groups such as Ecojustice, West Coast Environmental Law and Centre Québécois du droit de l’environnement — to assess the Trudeau government's efforts to restore public trust and transparency in Canada's environmental legislation.

"The overall takeaway (is) that the government has done a pretty good job — better in some areas, worse in some," said Stephen Hazell, director of policy and general counsel at Nature Canada.

The report card is the first of its kind, according to Hazell. It examines six major changes to four major environmental laws passed in 2019 — averaging roughly a B grade across the board.

Hazell said the grading in Nature Canada's report card was assessed based on what the environmental community thought was needed to deal with each of the issues at hand, and the extent to which the government fulfilled its 2017 promises.

"We did it partly because there had been such a flurry of environmental laws enacted by Parliament in 2019," Hazell said in an interview. "The last time there was anything similar was 2012 with the Conservatives... when they basically trashed all environmental regulations.

"This sort of thing doesn’t happen very often," he added. "It's very rare that you get a government that’s as interested in dealing with environmental law issues as the Trudeau government was in 2019."

The Trudeau government proposed sweeping amendments to Canada’s environmental laws in 2017 to reverse a series of "very controversial" changes implemented by the Harper administration in 2012, which immediately cancelled about 3,000 environmental assessments.

During the 2015 election campaign, Trudeau committed to restoring credibility to the environmental assessment process and launched a series of advisory panels and consultations to help create new legislation.

One of his underlying goals was to manage environmental reviews under a transparent process that makes it easier for the public to participate, and urges federal officials to consider all economic, social and health effects of a project, including effects on Indigenous Peoples.

"Under Stephen Harper the protections for fish and fish habitat were lost when the Fisheries Act was revised in 2012," Fisheries and Oceans Minister Jonathan Wilkinson told National Observer in an email. "That was part of a broader agenda with respect to fisheries and the environment where we saw significant layoffs of scientists, significant layoffs of protection officers, the closures of Coast Guard facilities including the Kitsilano Coast Guard base and $100 million in operating budget reductions."

The Harper cuts to environmental protects also "gutted the scientific capacity of the department such that ideologies started to play far more of a role than science and evidence," he said.

Wilkinson thanked "the thousands of Canadians from coast to coast to coast who participated in the consultations that were incredibly important in informing the changes" made to the Fisheries Act and other environmental legislation, calling them "a promise made and a promise kept."

Environment and Climate Change Minister Catherine McKenna's office echoed similar sentiments, noting that the Trudeau government had "reform(ed) a broken system and restore(d) protections that Harper’s government gutted and (Conservative Leader) Andrew Scheer has promised to return to."

"The Conservatives made it harder, not easier, for major projects to be developed in Canada," Caroline Thériault, spokeswoman for McKenna, said in a statement to National Observer. "That’s why Canada urgently needed better rules, and why we’ve worked hard since Day 1 to restore public trust in how decisions about resource development and other major projects are made."

Tories argue Trudeau gets 'failing grade'

In an emailed statement to National Observer, Scheer’s spokesman disagreed with this characterization.
“Justin Trudeau’s report card on the environment gets a failing grade from everyday Canadians struggling to make ends meet and get ahead," wrote Daniel Schow.

"The Trudeau Liberal carbon tax increases the price of everything from home heating, gas and groceries while doing nothing to reduce emissions and meet our Paris targets.”

Hazell said the process to create the report card did find some flaws in the political process as it pertains to environmental legislation.

For instance, many of the changes to these bills were proposed by the Senate, the majority of which were "anti-environment," he argued.

"The Senate has become the problem. That’s the place where good environmental law would die if we didn’t have a government committed to this file," he said.

Hazell also said that, despite the passing grade report card, more work needs to be done.

In an Aug. 2 letter to Trudeau, a coalition of environmentalists including Hazell urged the prime minister to expand the project list subject to environmental assessments.

"We are keenly aware of the upcoming federal election, and (the) closing of a window of opportunity for dramatic action on the project list," the letter reads.

The report card

Here are the grades for the major environmental laws that were passed:

Impact Assessment Act (Bill C-69) — C

This act established a single federal agency to ensure public participation in the approval process of any energy project, pending cabinet approval. The new agency would look at the social and health aspects of a project, as well as the effects on the economy, environment and Indigenous Peoples.

It also included a "climate test" (how the project affects Canada's ability to meet its climate targets) — the first time such a thing has been included in federal legislation.

Hazell said they were disappointed the Senate brought an amendment that allowed the agency to select the members of the review panels, and only designated projects were subject to this agency. For example, it excluded pipeline assessments to those 75 kilometres or more.

Fisheries Act amendments (Bill C-68) — B+

The Liberal government reinstated this act after the Harper Conservatives axed it, thus restoring important protections for fish habitat. The act also created new requirements to rebuild depleted or threatened fish populations, and a more transparent process to approve any projects/activities that would harm fish or fish habitat.

The act also bans the import and export of shark fins, and includes a mandatory review every five years for any changes.

Hazell said environmentalists were disappointed in a provision removed by the Senate that ensured water flows would also be a protected habitat.

Canadian Navigable Waters Act (Bill C-69) — C+

This act extended protections for any project happening near navigable water, requiring all such projects to receive federal approval.

Canadian Energy Regulator Act (Bill C-69) — B

This act created the role of Canadian energy regulators and also established a group of independent commissioners responsible for timely and transparent project reviews and decision-making.

Oceans Act, Canada Petroleum Resources Act amendments (Bill C-55) — A

This was a straightforward bill, Hazell said, and accomplished what it was designed to: temporarily protecting Canada's oceans for up to five years as a step to permanent Marine Protected Area protection.

Oil Tanker Moratorium Act (Bill C-48) — B+

This act protected the northern British Columbia coast from major oil spills by banning tankers carrying more than 12,500 tonnes of crude oil from being in the area. A Senate committee voted against the bill, but it narrowly passed the full Senate in June.

By Holly Lake 
HAKAI MAGAZINE

​Canada has the longest coastline in the world, yet it has long been a lax outlier in fisheries management. But with an overhaul of the federal Fisheries Act now complete, the sense among advocates and fisheries experts is that the tide is about to turn.

The passage of Bill C-68 on June 21 means that for the first time since the Fisheries Act was enacted in 1868, Fisheries and Oceans Canada is required to manage fish stocks sustainably and put rebuilding plans in place for those that are depleted.

Josh Laughren, executive director of the nonprofit advocacy organization Oceana Canada, says that in 20 years we may look back and see the new criteria around sustainable management and rebuilding stocks as a transformational change.

“We’ve put our money where our mouth is,” says Jonathan Wilkinson, minister of fisheries, oceans, and the Canadian Coast Guard, noting that the federal government has already committed CAN $107-million to support the work. “It raises the bar in making sure that decision-making is based on science and evidence.”

Laughren says if this act had been in place in the 1980s and implemented as written, Canada could have avoided the collapse of the northern cod fishery in the early 1990s. “The history of Atlantic Canada would be different.”

Instead, cod stocks were depleted, triggering a moratorium on fishing in 1992. The federal government still has no recovery plan in place for the species.

Like Laughren, Wilkinson believes the changes are overdue.

“These kinds of things should have been done a long time ago,” Wilkinson says. “We should have been resourcing them more effectively.”

The new act also restores protections for fish habitats that were gutted in 2012 by the previous Conservative government, increases requirements for monitoring and reporting, requires Indigenous knowledge to be incorporated into decisions, and mandates a review of the act every five years.

Wilkinson says when it comes to addressing the challenges facing global fisheries, Canada is now “at the forefront.” Laughren, however, says it’s more that Canada is now in the conversation.

Until now, for example, Canada’s fisheries minister had full discretion to authorize fishing without limits. There were no provisions in the act to prevent overfishing or mandate actions on troubled stocks. It was a unique power in fisheries management and conservation.

In contrast, Chile, New Zealand, Japan, the European Union, and the United States have long had legal restrictions and requirements limiting fisheries managers’ discretion.

Most of these jurisdictions have also had requirements to prevent overfishing. New Zealand’s Fisheries Act and the European Union’s Common Fisheries Policy go even further, imposing binding requirements to rebuild depleted stocks and base decisions on the best available science.

While Canada had policies on evidence-based decision-making and sustainable fisheries, until now, they were not enshrined in law.

“We now have [legislation] that says the purpose of fisheries management is to keep stocks healthy and return them there if they’re not healthy,” Laughren says.

However, the United States is still ahead in terms of the government’s legal obligations, he says. The Magnuson-Stevens Act mandates annual reports to Congress about which stocks are overfished, how to determine if stocks are close to being overfished, and how overfishing will affect stocks.

“Then they have to outline what they will do about it,” Laughren says, noting that management plans must include clear targets and timelines, and a failure to meet them often lands the government in court.

“[The Magnuson-Stevens Act] is far more prescriptive than [Canada’s] Fisheries Act. And there’s evidence it works,” says Laughren. “The US has 45 rebuilt stocks since that law was put in place in 1976.”

In Canada, of 26 critically depleted stocks, only five have rebuilding plans. Further, only 34 percent of fish populations in Canada are healthy, and more than 13 percent are critically depleted.

Like Laughren, Susanna Fuller, a marine biologist and senior project planner with Canadian nonprofit Oceans North, thinks the new act is something to celebrate. But they’re both looking to the act’s regulations, which are still to come, to provide prescriptive timelines, targets, and directions—details that are rolled into the law itself south of the border.

“In Canada, our regulations actually do mean a lot,” Fuller says. “I think that whether or not we’re in line with other countries is going to be very much in the implementation of the act. We’ll find that out over the next while as regulations roll out.”

While Canada now has legislation that is on par with other fishing nations, and is unique in that the act’s habitat protection provisions apply to all fish and habitats covering all aquatic ecosystems, Fuller says no country is really managing fisheries sustainably, none has met global targets on rebuilding stocks, and none is employing an ecosystem-based approach to management.

Fuller says that the law now enables Canada to possibly meet some of its international commitments around sustainable fisheries management, but adds that whether the planet gets real fisheries management and biodiversity protection in the face of climate change is another question entirely.

“Quite frankly, no one is making the really hard decisions.”

SOURCE: https://www.hakaimagazine.com/news/canada-has-a-new-fisheries-act-how-does-it-stack-up/

By Jolson Lim
iPOLITICS

​With time ticking away on the 42nd Parliament, the Senate last night passed the Liberal government’s controversial legislation overhauling environmental assessment practices in the country along with a flurry of other government bills.

A ceremony will be held in the upper chamber on Friday afternoon to give 21 bills recently passed royal assent, formally making them into law.

Among bills senators passed yesterday was Bill C-69, which passed a motion by a vote of 57 to 37 in support of the House of Commons message on the Senate’s amendments.

READ MORE: Liberals reject 90 per cent of Senate Conservative amendments to C-69

The government had agreed to accept 99 Senate amendments to the bill that would change the way large energy projects are regulated in Canada, stripping out proposed changes put forward by Conservative senators that tilted in favour of the interests of the oil and gas sector.

It included amendments that would reduce the scope of cabinet power in deciding to approve resource projects.

Conservative politicians across Canada and the oil and gas sector condemned the passage of Bill C-69, which they worried would make it nearly impossible to get approvals needed on new resource projects.

Conservative Leader Andrew Scheer said he would repeal the legislation if his party forms government in the upcoming fall election.

“This is a sad day for Canada,” Scheer said in a statement. “With the passage of Bill C-69, Justin Trudeau finally has his law that will phase out Canada’s oil and gas industry.”

The piece of legislation had faced a rocky road through the upper chamber, with senators proposing an unprecedented 188 amendments at third reading.

Meanwhile, environmental groups, who had worried that the bill would be watered down amid the Senate turbulence, praised the passage of Bill C-69.

“The government should be commended for remaining committed to strengthening environmental oversight in the face of misinformation and fear-mongering from the oil and gas industry and some provincial leaders,” said Tim Gray, executive director of Environmental Defence.

“For the first time, a project’s impact on climate change will be considered during the review process.”

The Senate also passed the Liberal government’s budget implementation bill, Bill C-97, at third reading last night without any amendments. It includes controversial changes to asylum eligibility requirements and measures to boost Canada’s struggling journalism sector.

READ MORE: Oil tanker ban bill to become law

The only government bill left to be passed is Bill C-98, which would create a new complaints board for the Canadian Border Services Agency. It currently sits at first reading in the Senate.

While senators passed a motion late last night that would adjourn the Senate until September following today’s royal assent ceremony, the body can be recalled back in the summer in order to pass this bill. Bills are not formally scrubbed off the order paper until the election writ is dropped.

The Senate will also be needed to vote on legislation ratifying the new North American trade agreement, if the government chooses to proceed with doing so. Ratification of the trade deal currently faces headwinds in the U.S. Congress, with Democrats wanting changes regarding labour and environmental protections.

The government’s legislation banning oil tanker traffic from the northern British Columbia coast (C-48), reforming Canada’s current prison system (C-83), and reducing delays in criminal proceedings and eliminating peremptory jury challenges (C-75) were also passed in the Senate yesterday evening.

Unlike Bill C-69, which received the vote of moderate senators including Sen. Paula Simons, Bill C-48 was passed with only a narrow 49 to 46 vote, with one abstention.

Earlier yesterday, legislation meant to protect and preserve Indigenous languages (C-91) and reforming Indigenous child and family welfare services (C-92) had also passed.

As well, legislation that would provide more federal power to impose safeguard measures in order to protect Canada’s steel industry from dumping (C-101) and providing money for the public service for the 2019-20 fiscal year (C-102) was also passed.

SOURCE: https://ipolitics.ca/2019/06/21/senate-passes-bill-c-69-in-a-scramble-to-approve-last-remaining-government-bills/

By Fisheries and Oceans Canada
​NEWS RELEASE

Ottawa, Ontario - Canada’s oceans, lakes and rivers are important to the millions of people and Indigenous communities that depend on them for work, food, and recreation. However, changes that were made to the Fisheries Act in 2012 challenged our ability to protect fish and fish habitat. Canadians, including Indigenous peoples as well as industry and environmental groups, expressed concerns with these changes and how they were made. That is why, in 2016 the Government of Canada took action to strengthen and restore lost protections and incorporate modern safeguards to the Fisheries Act.

Today, the Minister of Fisheries, Oceans and the Canadian Coast Guard, the Honourable Jonathan Wilkinson, announced that Bill C-68, an Act to amend the Fisheries Act passed Parliament.

Bill C-68 reflects the views of Canadians and will help ensure our fisheries can continue to grow Canada’s economy, protect our ecosystems and sustain coastal communities. Further, this bill will see the end to whales in captivity as well as the banning of shark finning and the import and export of shark fins that are not attached to a shark carcass.
​
A modernized Fisheries Act will benefit all of Canada:

• For our environment, it will provide strong protections for all fish and fish habitat, and will put a priority on rebuilding fish stocks and restoring habitat.
• For industry, it will bring more clarity around project development.
• For Indigenous peoples, it will strengthen their role in project reviews, monitoring and habitat decisions.
• For our communities, it will keep the benefits of fishing in the hands of independent fish harvesters and their local area.

Following the passage through the Senate, Bill C-68 now awaits Royal Assent before it can officially become an act of Parliament and become law. Once a modernized Fisheries Act is in place, we can better support the sustainability of Canada’s marine resources for future generations.

“I’m so pleased this very important piece of legislation is one step closer to becoming law. Canada is home to the world’s longest coastline and our countless lakes, rivers, streams and wetlands hold one-fifth of the world's freshwater. Our government is working hard to protect fish and fish habitat from coast-to-coast-to-coast, and the modernized Fisheries Act will do just that.”
- The Honourable Jonathan Wilkinson, Minister of Fisheries, Oceans and the Canadian Coast Guard
​
Quick facts

• The Government of Canada announced its intention to propose amendments to the Fisheries Act in 2016. The proposed Bill C-68 was tabled in Parliament on February 6, 2018.
• In developing Bill C-68, the Government of Canada consulted broadly with provincial and territorial governments, Indigenous peoples, industry stakeholders, environmental non-government organizations and the public to discuss planned amendments to the Fisheries Act.

SOURCE: https://www.canada.ca/en/fisheries-oceans/news/2019/06/the-modernized-fisheries-act-bill-c-68-passes-parliament.html

By Marco Vigliotti
iPOLITICS

The Trudeau Liberals are rejecting Senate amendments to their overhaul of the Fisheries Act that would change the definition of fish habitat and expand an offset credit program to outside groups.

Fisheries Minister Jonathan Wilkinson on Tuesday moved a motion in the House responding to changes to Bill C-68 made by the Upper Chamber.

As per the motion, the Liberals accepted most amendments to the bill, some of which they orchestrated themselves. Sen. Peter Harder, the government’s representative in the Upper Chamber, moved 28 amendments to Bill C-68 when it was before the Senate fisheries and oceans committee last month.

The changes included banning the practice of shark finning and the import and export of shark fins, excluding human-made agricultural waterways from being designated as a “fish habitat” and making it mandatory to have a permit for the import and export of the class of marine mammals — cetaceans — that includes whales and dolphins.

READ MORE: Shark finning, cetacean captivity amendments could be folded into C-68

Collectively, the Liberals only took issue with four amendments from the Upper Chamber, proposing relatively minor language tweaks to two of them and flatly rejecting the others.

Wilkinson said the government would not accept an amendment from Sen. Rose-May Poirier eliminating “water frequented by fish” from the definition of fish habitat in the act because it goes “against the objective of the bill.” The inclusion of the term in the originally worded definition, he said, “increases the scope for the application of the fish habitat protection provisions.”

The governing Liberals also rejected changes to the bill permitting third party habitat banking, a compensation tool designed to offset the impact on the environment and wildlife caused by human activity.

According to a 2012 study ordered by the Department of Fisheries and Oceans (DFO), the most common application of the tool in Canada is the creation of in-kind habitats which require developers to “restore, create or enhance the productive capacity of fish habitat” through moves like stream restoration, controlling invasive species and replacing man-made physical barriers.

Wilkinson said the DFO has been encouraging use of habitat banking since 2013 and C-68 would “enshrine this policy approach into law,” while offering new incentives to use the banking credits to offset impacts on fish and fish habitat.

Expanding fish habitat banking to third parties would allow any organization to earn credits through restoration and conservation efforts which they could then sell to developers or other project proponents. Some senators also supported allowing project developers to pay an upfront fee pay instead of investing in offsetting projects, with the funds to be directed to habitat restoration.

Wilkinson, though, said the government believes habitat banking credits must benefit the specific fish populations and areas affected by the project they were designed to offset, adding that habitat protection and restoration should be prioritized especially so in cases where “aquatic species at risk are present.”

He also noted that the provinces are responsible for resource management for freshwater and inland areas, meaning there would need to first be robust consultations, including with affected Indigenous communities, before the development of any banking system.

“Due to the legal complexity and public policy considerations that the government would need to address prior to establishing and implementing such regimes in Canada, we will not be adopting the habitat banking amendments proposed by the (Senate),” Wilkinson said.

BACKGROUNDER: Fisheries Act overhaul casts off at Senate committee

The minister, though, committed to having the DFO evaluate the performance of proponent-led habitat banks and to assess offsetting policies adopted elsewhere. He also said he has asked the House fisheries committee to study the issue.

Conservative Sen. David Wells, who moved the habitat banking amendment, urged MPs Wednesday to ensure it was included in the bill, arguing complexities in implementing the system identified by the minister could be rectified by appropriate regulations that could be made after the legislation becomes law.

“I think we all recognize and appreciate the complexities involved in establishing an effective third party habitat banking regime in Canada. Those complexities though, colleagues, are not legislative – they are regulatory,” he told the House fisheries committee, where he appeared to testify as part of its study on third party habitat banking.

Wells said changes to the bill introducing third party habitat banking would only come into force upon proclamation by cabinet, not simply when C-68 receives Royal Assent. As a result, the DFO and relevant federal agencies could take the “time to get it right” in terms of creating the necessary regulatory framework, he argued. 

“This could take a year, it could take two years, or it could take five years – however long it takes to bring in a system that is based on international best practices, and generates the best possible ecologic and economic outcomes,” Wells added.

*This story has been updated with comment from Sen. David Wells. ​

SOURCE: https://ipolitics.ca/2019/06/12/liberals-reject-habitat-banking-amendment-to-fisheries-bill/

By Paul Withers
CBC NEWS

Trudeau government legislation that enshrines the independence of Atlantic Canada's inshore fishing fleets and enhances protections for fish stocks and fish habitat has cleared the Senate.

The news is a relief to Martin Mallet.

"This is great news. We've been waiting for this for a long while," said Mallet, executive director of the Maritime Fishermen's Union.

Inshore fishery associations like his lobbied hard for Bill C-68, which overhauls the Fisheries Act.

It will give the teeth of law to two key policies designed to prevent inshore fisheries — including lobster — from ending up in the hands of a few large companies.

The owner-operator and fleet separation policies keep commercial fishing licences in the hands of small enterprises and prevent companies from both fishing and processing the catch.

"This will protect smaller operators from corporate takeover," Mallet said in an interview from his office in Shediac, N.B. "It will protect our small coastal communities."

Conservatives won't delay C-68 in CommonsBill C-68 passed the Senate Thursday with Conservative support after Liberals agreed to remove the so called "water flow" amendment from Green Party Leader Elizabeth May, added in the House of Commons.

Conservatives warned it could give Fisheries and Oceans the ability to treat industrial, agricultural and municipal water flow locations as fish habitat.

A spokesperson for Conservative fishery critic MP Todd Doherty said Conservatives will not delay C-68 when it reaches the Commons.

The party still believes the bill is flawed — it restores habitat protections removed by the Harper government — but Conservatives support owner-operator and fleet separation policies in Atlantic Canada.

Fisheries groups warned Conservatives during the lobby campaign that Conservative candidates in Atlantic Canada would pay a price at the polls in the upcoming federal election if they vote against Bill C-68.

On Thursday, just three Conservative senators voted against it in the Senate.

Fish protectionsEnvironmentalists were also heartened to see the bill move to the House of Commons, where it is very likely to pass before Parliament rises.

In addition to protecting habitat, the new Fisheries Act also imposes new requirements on the Department of Fisheries and Oceans to more carefully manage fisheries.

"This is one of our oldest pieces of legislation: 1868. And this is the first time we are going to see something that says sustainably manage our fish stocks and rebuild stocks that are depleted — first time," says Robert Rangeley, science director of Oceana Canada, a marine conservation group.

"So this is a really important piece of legislation."

Minister expects new Fisheries Act to passIn North Vancouver, federal Fisheries Minister Jonathan Wilkinson also welcomed the Senate vote.

He is on the verge of delivering a signature piece of legislation that fulfils a 2015 election commitment to restore lost protections for fish and fish habitat.
​
"It's a very important promise from an environmental perspective. It is one of the most important promises that we made with respect to fisheries and oceans and so from my perspective this is a very important milestone," Wilkinson said.

By Marco Vigliotti
iPOLITICS

​The Senate has passed legislation instituting new safeguards for fish and their habitat that includes government sponsored amendments banning shark fin imports.

Bill C-68 passed third reading in the Upper Chamber Thursday afternoon and will now be returned to the House, which must sign off on the amendments before it becomes law.

The bill aims to restore protections removed from the Fisheries Act by the previous Conservative government in 2012 while incorporating new safeguards. It also directs the minister of fisheries and oceans to manage fish stocks sustainably and put rebuilding plans in place for depleted stocks.

Prior to 2012, the Fisheries Act protected all fish and fish habitat in Canada, though this was changed by the Harper government in a bid to make life easier for farmers who would have to navigate regulatory red tape to win approval to alter small water bodies or clear out drainage ditches.

BACKGROUNDER: Fisheries Act overhaul clears House of Commons

Sen. Peter Harder, the government’s representative in the Senate, moved 28 amendments to Bill C-68 last month during clause-by-clause consideration by the Senate fisheries and oceans committee.

Among other changes, the amendments incorporated provisions in Bill S-238 banning the practice of shark finning and the import and export of shark fins, with the government worried that bill will not pass into law before Parliament rises for the next election. They also touched upon Bill S-203 which would ban the taking of whales, dolphins and porpoises into captivity. Specifically, the changes would make it mandatory to have a permit for the importation and exportation of the class of marine mammals, known as cetaceans.

Harder’s amendments to Bill C-68 also include a provision that would exclude human-made agricultural waterways from being designated as a “fish habitat.”

The senator called the definition as it stands in the bill “overly broad.” He said such waterways currently follow environmental codes of practice.

READ MORE: Shark finning, cetacean captivity amendments could be folded into C-68

SOURCE: https://ipolitics.ca/2019/06/06/amended-bill-c-68-passes-third-reading-in-senate/