Question Period Note: Implementation of the Modernized Fisheries Act

• We must protect and conserve Canada’s fish and fish habitat for future generations.
• That is why we have committed renewed funding of $135.5 million over two years to continue support for the conservation and protection of all fish and fish habitat, evidence-based decision making, improved enforcement and transparency, and collaboration.
• This includes funding for the Indigenous Habitat Participation Program, which supports the participation of Indigenous peoples in the conservation and protection of fish and fish habitat.

• The Minister of Fisheries, Oceans and the Canadian Coast Guard’s mandate letter was published December 16, 2022. 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.
• In support of a modernized Fisheries Act, DFO educates, engages, and provides information to proponents who work in or near water on how to comply with the fish and fish habitat protection provisions of the Fisheries Act. DFO also undertakes reviews of proposed development projects to protect fish and fish habitat across Canada.
• Annually, DFO reviews over 5000 development proposals (referrals) and issues over 200 authorizations. DFO achieves an average of 90 percent compliance rate with our service delivery standards to confirm that applications for authorizations were complete and adequate within the regulated 60-day time limit as well as a 100 per cent compliance rate for making the authorization decisions within the 90-day time limit.
• A key part of the work involves educating proponents on means to protect fish and fish habitat to ensure that they understand how to comply with the Fisheries Act and how to apply for authorizations under the Authorizations Concerning Fish and Fish Habitat Protection Regulations. In support of this work:
o six Codes of Practice have been finalized and published on DFO’s website to help proponents avoid impacts to fish and fish habitat when they undertake projects near water, and another six interim codes were released for interim public use and comment. An interim standard on in-water site isolation was also released.
o updates were made to the position statements explaining how the Department interprets the prohibition against causing the death of fish by means other than fishing; and how the Department interprets the fish and fish habitat protection provisions with respect to existing facilities and structures;
o a national framework that describes an approach to identify fish habitat restoration priorities and a framework for the establishment of Ecologically Significant Areas were published intended to guide these approaches.
• To support ongoing implementation of the modernized Fisheries Act, the Department has completed three waves of engagement with Indigenous peoples, partners, stakeholders, and the public on development of policies, frameworks, instruments, and guidance. Additional rounds of engagement will be undertaken on implementation of the fish and fish habitat protection provisions of the Fisheries Act, as future policies, frameworks and guidance are developed.
• Other documents continue to be developed and refined in response to input from engagement activities, including a draft policy for applying measures to offset harmful impacts to fish and fish habitat and draft guidelines for establishing and managing fish habitat banks. The potential to develop prescribed works and waters regulations for Ontario municipal drain maintenance and repair is also being explored.
• The Minister of Fisheries and Oceans and the Canadian Coast Guard is a member of the Ministerial Working Group on Regulatory Efficiency for Clean Growth Projects. The Department of Fisheries and Oceans is collaborating with the Privy Council Office and the Impact Assessment Agency of Canada to advance the clean growth initiatives described in Budget 2024.
• 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 included a new $50 million grants and contributions program also covering the period 2018-19 to 2022-23 that provided for increased participation of Indigenous peoples in the conservation and protection of fish and fish habitat.
o 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.
• Budget 2023 provided $135.5 million over 2 years (2023/24, 2024/25) for continued Fisheries Act funding.
 

If Pressed on the FOPO study of the Fisheries Act Review
• The House Standing Committee on Fisheries and Oceans recently passed a motion to study the Fisheries Act and I look forward to the outcome of the study, including the insights and experiences from Indigenous communities and organizations, stakeholders, and provinces and territories.
• This examination of the Act will inform directions on how we can continue to advance efforts to protect and sustain Canada's fisheries, maintain vibrant coastal communities, continue to advance reconciliation, and promote the long-term health of our aquatic ecosystems.