Question Period Note: Implementation of the modernized Fisheries Act

What is the status of the implementation of a Modernized Fisheries Act?

• We must protect and conserve Canada’s fish and fish habitat for future generations.
• That is why we committed $284 million over five years to support modernization efforts including protection for all fish and fish habitat.
• To that end, the Government continues to deliver on its promise to implement a modernized Fisheries Act which supports sustainable, stable, and prosperous fisheries.

• 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• a draft guidance document for the consideration of cumulative effects on fish and fish habitat, providing clarity on how cumulative effects will be considered by the Fish and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.
• In 2018, the Government allocated $284.2 million over five years (2018-19 to 2022-23) to implement the changes to the Fisheries Act. 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 supports 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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