Question Period Note: Great Lakes Fishery Commission

About

Reference number:
DFO-2024-QP-00034
Date received:
Dec 17, 2024
Organization:
Fisheries and Oceans Canada
Name of Minister:
Lebouthillier, Diane (Hon.)
Title of Minister:
Minister of Fisheries, Oceans and the Canadian Coast Guard

Suggested Response:

• Our Government is committed to preserving our freshwater resources and protecting the Great Lakes from invasive species.
• In particular, the Great Lakes Fishery Commission is vital to controlling sea lampreys, conducting scientific research, and maintaining cooperation among Canadian and American agencies to manage and sustain the Great Lakes transboundary fisheries.
• With the funding announced in Budget 2022, the Government of Canada is meeting its international treaty obligations to the commission by contributing a total of $19.6 million annually, thereby ensuring its continued success.

Background:

BACKGROUND:
• The Great Lakes Fishery Commission (GLFC) was established by the 1954 Convention on Great Lakes Fisheries between Canada and the United States of America, with the objective of protecting and sustaining the Great Lakes fishery. The work of the Commission includes implementing a binational research program aimed at sustaining Great Lakes fish stocks and a comprehensive sea lamprey control program.
• The GLFC is made up of eight Commissioners (four each from Canada and the United States [US]) and one US Alternate Commissioner. The GLFC operates under the direction of the Commissioners, and functionally operates independently from government.
• Canada and the US government support the Commission through a cost-sharing arrangement that reflects the distribution of territorial waters and the value of each nation’s fishery. Canada contributes 31 per cent of funding for the transboundary sea lamprey control work, and 50 per cent of other research and administrative costs. The US provides the remaining funding.
• As part of Budget 2022, the Department successfully brought forward a proposal seeking additional incremental funding of $44.9 million over five years and $9 million ongoing for the GLFC, to ensure that Canada meets its bilateral treaty requirement with the US - bringing Canada’s contribution up to over $19 million in 2022 and moving forward.
• In recent years, the GLFC has been lobbying key stakeholders in the US and Canada, including Members of Parliament (MPs), and US Senators and Representatives, with their request for federal leadership and responsibility to be moved from DFO to Global Affairs Canada (GAC).
• DFO and GAC, with support from the Privy Council Office and the Department of Justice, have been assessing the implications of a possible change in federal leadership and fiscal responsibility for the GLFC. There is complexity to what the GLFC is proposing, splitting functions and authorities related to the GLFC between two portfolios. • [Protected in accordance with the Access to Information Act.]
• The GFLC’s 2022 Interim Meeting was postponed since Canada’s funding level to the Commission for the upcoming 2023 fiscal year had not been finalized. However, the GLFC Secretariat now has the information it requires to set the budget for the upcoming year and is actively working with Canadian and American Commissioners to schedule the interim meeting.
• Discussions with the Secretariat continue regarding transfers beyond FY2023-24, to deliver on the GLFC’s important mandate.
• On March 27, 2023, MP Epp advanced a motion at the Standing Committee on Fisheries and Oceans, “… to formally ask the Auditor General of Canada to undertake a governance and conflict of interest duties audit into the Department of Fisheries and Oceans with respect to its role as the machinery of government agent for the Great Lakes Fishery Commission and for the execution of Canada’s commitment of the 1954 convention on Great Lake Fisheries; and determine if Global Affairs Canada would be a more appropriate agent to provide conflict-free support into function as the machinery of government source for Great Lakes Fishery Commission.”
• On June 8 and 12, 2023, the Standing Committee on Fisheries and Oceans held two sessions on the GLFC, with the meeting on the 8th attended by DFO officials, followed by GAC officials on the 12th. Committee members remarked that the relationship between Canada and the United States is being impacted by funding and governance problems, with questions focusing on: 1) machinery and governance; 2) GLFC’s legal opinion related to a conflict of interest; 3) the flow of funds; and 4) aquatic invasive species. The Committee tabled its report on November 29, 2023, which outlines a total of 16 recommendations pertaining to: governance and transparency, sea lamprey control, the Commission’s funding and budget, and the machinery of government. The Government Response (GR) was presented to the house on Friday, March 22, 2024.
• Senior Departmental officials have worked closely with the GLFC Secretariat and have developed an overarching MOU that provides a framework for the full range of Canada’s engagement with the Commission, including funding to the Commission beyond sea lamprey control (i.e., research activities, coordination of binational fisheries management and Secretariat operations). The MOU was approved by the Canadian Commissioners on October 24, 2023, signed by the Department and the Secretariat on October 25, and entered into force on November 24 (30 days after those signatures).
• On May 8, 2024, MP Epp advanced a motion that the Standing Committee on Foreign Affairs and International Development “calls upon the Government of Canada to implement recommendation No. 8 of the Eleventh Report of the Standing Committee on Fisheries and Oceans entitled "Restoring Full Accountability for Resources and Governance of the Great Lakes Fishery Commission," adopted during the 1st session of the 44th Parliament by transferring responsibility for the Great Lakes Commission to Global Affairs Canada: and, That pursuant to Standing Order 109, the government tables a comprehensive response to the report recommendation No. 8 of the Eleventh Report of the Standing Committee on Fisheries and Oceans.” The motion was adopted and the committee commenced its study of the governance issue on the same day.
• The study report was presented to the house on Friday, May 10, 2024, with one recommendation that calls “upon the Government of Canada to implement recommendation No. 8 of the Eleventh Report of the Standing Committee on Fisheries and Oceans entitled "Restoring Full Accountability for Resources and Governance of the Great Lakes Fishery Commission," adopted during the 1st session of the 44th Parliament by transferring responsibility for the Great Lakes Commission to Global Affairs Canada”.
• Departmental officials are working with PCO to develop the GR, which is required to be tabled in the House of Commons by September 16, 2024.

Additional Information:

If pressed on FOPO Report
• The Government appreciates the work of the Standing Committee on Fisheries and Oceans on this important issue.
• In the Government Response, tabled in the House on March 22, the government reiterated its commitment to working collaboratively with stakeholders to effectively address the challenges highlighted in the report.
• The Government of Canada provides funds to my Department to fulfill Canada’s obligations under the Convention with respect to the Commission’s mandate, including the delivery of sea lamprey control and the coordination of Great Lakes fishery management.
• There is no conflict between the interests of the Great Lakes Fishery Commission and those of the Government of Canada.
• I am pleased with the progress made between the Department and the Great Lakes Fishery Commission Secretariat in resolving long standing irritants through ongoing communication and the signing of the MOU. I am also pleased that the Commission recently met, and I understand had a productive meeting.

If pressed on Governance
• I know that the Commission’s Secretariat has been advocating for a portfolio change from Fisheries and Oceans Canada to Global Affairs Canada for quite some time.
• This is a complex matter and we are assessing the implications of a possible change in responsibility.
• Throughout this process, we will ensure that the work of the Commission and the ongoing delivery of critical sea lamprey control measures are not adversely impacted or needlessly disrupted.

If pressed on FAAE Report
• I acknowledge the Report of the Standing Committee on Foreign Affairs and International Development tabled on May 10th.
• We are reviewing the report with a view to providing a response in short order.
• As noted in the Government Response to the report of the Standing Committee on Fisheries and Oceans, the government remains committed to working collaboratively with stakeholders to effectively address these challenges.

If pressed on MOU
• Departmental officials have worked closely with colleagues at Global Affairs Canada and with the Commission to sign an overarching Memorandum of Understanding that provides a framework for Canada’s work with the Commission.
• This is a significant step that reinforces the importance of this relationship, and provides additional clarity to our ongoing engagement.