Question Period Note: Implementation of the Modernized Fisheries Act

Implementation of the Modernized Fisheries Act

The Government of Canada believes in the importance of protecting and conserving Canada’s fish and fish habitat for future generations.

To that end, we continue to deliver on our promise to implement a modernized Fisheries Act which supports sustainable, stable, and prosperous fisheries.

That is why our Government committed $284 million over five years to support modernization efforts, including protection for all fish and fish habitat, evidence-based decision making, improved enforcement and transparency, and collaboration with Indigenous groups, partners, and stakeholders.

Indigenous funding program

We have also committed $50 million over five years for the Indigenous Habitat Participation Program, which supports the participation of Indigenous peoples in project reviews, monitoring, and policy, furthering our Government’s commitment to reconciliation.

• The Minister of Fisheries, Oceans and the Canadian Coast Guard’s mandate letter was published December 16, 2021. It included a commitment to work to support sustainable, stable, prosperous fisheries through the continued implementation of the modernized Fisheries Act, which restores lost protections, rebuilds fish populations, and incorporates modern safeguards so that fish and fish habitats are protected for future generations and Canada’s fisheries can continue to grow the economy and sustain coastal communities.
• To support ongoing implementation of the modernized Fisheries Act, important engagement activities continue into their second year with Indigenous peoples, partners, stakeholders, and the public on development of policies, frameworks, instruments, and guidance. These include:
• a proposed regulation, which would streamline the approval process for prescribed classes of works and waters to enhance regulatory efficiency while improving protection of fish and fish habitat;
• a framework for the establishment of Ecologically Significant Areas which, if implemented through regulation, would provide long-term protection and conservation for key areas of fish and fish habitat that are sensitive, highly productive, rare or unique;
• an update of the position statement explaining how the Department would interpret the prohibition in the Act against causing the death of fish by means other than fishing;
• a position statement explaining how the Department would interpret the fish and fish habitat protection provisions with respect to existing facilities and structures;
• a draft guidance document for the consideration of cumulative effects on fish and fish habitat, providing clarity on how cumulative effects will be considered by the Fish and Fish Habitat Protection Program in the project authorization decision process;
• a draft framework for identifying fish habitat restoration priorities to select and target restoration activities more effectively, to optimize restoration resources, and improve outcomes for fish and fish habitat; and
• a new set of interim Codes of Practice specifying procedures, practices, or standards for avoiding the death of fish or the harmful alteration, disruption, or destruction of fish habitat. The first six interim Codes of Practice are being finalized through the Canada Gazette process.
• Additional future rounds of engagement will be undertaken on implementation of the fish and fish habitat protection provisions of the Fisheries Act, including: the Department’s approach to engagement, consideration of cumulative effects in decision making, and additional codes of practice aimed at avoiding impacts to fish and fish habitat.
• Amendments to modernize the Fisheries Act entered into effect in two phases. On June 21, 2019, Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence received royal assent and most of the changes to the Fisheries Act became law. On August 28, 2019, the fish and fish habitat protection provisions entered into effect. The amended Fisheries Act:
• strengthens the role of Indigenous peoples in project reviews, monitoring and policy development as part of early steps to advance reconciliation;
• recognizes that decisions can be guided by principles of sustainability, precaution and ecosystem management;
• promotes restoration of degraded habitat and rebuilding of depleted fish stocks;
• allows for the better management of large and small projects impacting fish and fish habitat through a new policy and regulatory framework, including codes of practice;
• creates new fisheries management tools to enhance the protection of fish and ecosystems;
• strengthens marine refuges to ensure the long-term protection of biodiversity; and
• helps ensure that the economic benefits of fishing remain with the licence holders and their community by providing clear ability to enshrine current inshore fisheries policies into regulations.
• On February 6, 2018, the Government tabled Bill C-68. The Bill proposed a series of changes to strengthen and modernize the Fisheries Act. Key among these were the protection of all fish and fish habitat, and the restoration of the prohibitions against the death of fish by means other than fishing, and the harmful alteration, disruption or destruction of fish habitat.
• Also in 2018, the Government allocated $284.2 million over five years (2018-19 to 2022-23) to implement the changes to the Fisheries Act. New resources included additional full-time equivalents (FTE) to support faster review of development projects and renewed science capacity to support decision making, as well as additional fisheries officers for compliance and enforcement.
• Part of this allocation includes a new $50 million grants and contributions program also covering the period 2018-19 to 2022-23 that will provide for increased participation of Indigenous peoples in the conservation and protection of fish and fish habitat. The Indigenous Habitat Participation Program will support Indigenous participation in consultation on project authorization decisions under the Fisheries Act, participation in the development of policy and regulatory initiatives, and collaborative projects and capacity building for communities.

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