Proceedings of the Standing Senate Committee on
Fisheries and Oceans
Issue No. 46 - Minutes of Proceedings - May 14, 2019
OTTAWA, Tuesday, May 14, 2019
(90)
The Standing Senate Committee on Fisheries and Oceans met this day at 6:09 p.m., in room B30, Senate of Canada Building, the chair, the Honourable Fabian Manning, presiding.
Members of the committee present: The Honourable Senators Bovey, Campbell, Christmas, Francis, Gold, Harder, P.C., Manning, McInnis, Munson, Petitclerc, Poirier and Wells (12).
Other senator present: The Honourable Senator Duncan (1).
In attendance: Daniele Lafrance, Analyst, Parliamentary Information and Research Services, Library of Parliament.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on December 11, 2018, the committee continued its consideration of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence. (For complete text of the order of reference, see proceedings of the committee, Issue No. 40.)
WITNESSES:
Fisheries and Oceans Canada:
Adam Burns, Director General, Fisheries Resource Management;
Darren Goetze, Director General, Conservation and Protection;
Gorazd Ruseski, Senior Director, Reconciliation Policy and Results;
Mark Waddell, Director General, Fisheries and License Policy;
Nicholas Winfield, Director General, Ecosystems Management;
Paul Gillis, Director General, Strategic Policy Directorate.
The chair made a statement.
Mr. Winfield and Mr. Waddell answered questions from time to time.
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence.
The chair asked whether clause 1 shall carry.
The Honourable Senator Poirier moved:
THAT Bill C-68 be amended, in clause 1, on page 1, by replacing lines 18 and 19 with the following:
"fish habitat means any area on which fish depend directly or indirectly to''.
After debate, the question put on the motion in amendment, it was adopted, on division.
The Honourable Senator McInnis moved:
THAT Bill C-68 be amended, in clause 1, on page 1, by replacing line 22 with the following:
"areas. It does not include artificial agricultural structures; (habitat)''.
After debate and with leave, the amendment was withdrawn.
The Honourable Senator Christmas moved:
THAT Bill C-68 be amended in clause 1,
(a) on page 2, by replacing line 20 with the following:
"une organisation autochtone ou ses membres, conformément à la reconnaissance et à la confirmation des droits des peuples autochtones et des droits issus de traités au titre de l'article 35 de la Loi constitutionnelle de 1982 ou à des fins prévues dans toute mesure de mise en œuvre des droits convenue entre la Couronne et les peuples autochtones. (Indigenous)''; and
(b) on page 3, by replacing lines 6 to 9 with the following:
"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 measure as agreed to by the Crown and Indigenous peoples; (autochtone)''.
After debate, the question put on the motion in amendment, it was adopted.
The Honourable Senator McInnis moved:
THAT Bill C-68 be amended, in clause 1, on page 2, by adding the following after line 29:
"incidental take means the death of a fish caused by the normal operation of a work, undertaking, activity or designated project that was completed before the coming into force of this definition and was, at the time of its completion, authorized by law; (prise accessoire)''.
After debate, the question being put on the motion in amendment, it was adopted.
At 6:32 p.m., the committee suspended.
At 6:40 p.m., the committee resumed.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 1, on page 3, by replacing lines 10 to 15 with the following:
"(10) Subsection 2(2) of the Act is repealed.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 1 as amended carry, on division.
It was agreed that clause 2 carry.
The chair asked whether clause 3 shall carry.
The Honourable Senator Poirier moved:
THAT Bill C-68 be amended, in clause 3, on page 3, by replacing lines 22 to 26 with the following:
"2.1 The purpose of this Act is to provide a framework for the proper management and control of fisheries, having regard to the need for conservation and protection of fish and fish habitat, including by preventing pollution.''.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
McInnis, Poirier, Wells — 3
NAYS
The Honourable Senators
Bovey, Busson, Campbell, Christmas, Francis, Gold, Petitclerc — 7
ABSTENTIONS
The Honourable Senators
Manning, Munson — 2
The Honourable Senator Christmas moved:
THAT Bill C-68 be amended in clause 3, on page 4, by replacing lines 7 to 11 with the following:
"2.3 This act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 3 as amended carry.
It was agreed that clause 4 carry.
The chair asked whether clause 5 shall carry.
The Honourable Senator Christmas moved:
THAT Bill C-68 be amended in clause 5 on page 6 by adding the following after line 25:
"(9) An agreement entered into under subsection (1) must respect the rights guaranteed, recognized and affirmed in section 35 of the Constitution Act, 1982.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 5 as amended carry.
It was agreed to group clauses for which there are no amendments identified in the roadmap.
It was agreed that clauses 6 to 8 carry.
The chair asked whether clause 9 shall carry.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 9, on page 7, by replacing line 29 with the following:
"shall implement measures to maintain major''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 9, on page 8, by replacing line 4 with the following:
"fish stock above that point, taking into account the''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 9, on page 8, by replacing line 12 with the following:
"6.2 (1) If a major fish stock has declined to''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 9, on page 8, by replacing line 14 with the following:
"velop a plan to rebuild the stock above that point in''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 9, on page 8, by replacing line 32 with the following:
"to do so, within a reasonable time and with reasons, on the Internet site of the Depart- ".
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 9, on page 9, in the French version, by replacing lines 1 to 3, with the following:
"6.3 Les grands stocks de poissons visés par les articles 6.1 et 6.2 sont prévus par règlement.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 9 as amended carry.
It was agreed that clauses 10 to 14 carry.
The chair asked whether clause 15 shall carry.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 15, on page 14, by adding the following after line 6:
"23.2 (1) No person shall import into Canada or export from Canada, or attempt to import or export, a living cetacean or sperm, an egg or an embryo of a cetacean, except in accordance with a permit issued under subsection (2).
2) The Minister may issue a permit authorizing the importation or exportation of a living cetacean or sperm, an egg or an embryo of a cetacean and impose any conditions that the Minister considers appropriate in the permit, if the importation or exportation is for the purpose of
(a) conducting scientific research; or
(b) keeping the cetacean in captivity if it is in the best interests of the cetacean's welfare to do so.
(3) The Minister may amend, suspend or cancel a permit issued under subsection (2).''.
After debate, the question being put on the motion in amendment, it was adopted, on division.
It was agreed that clause 15 as amended carry, on division.
It was agreed that clauses 16 to 17 carry.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended on page 15 by adding the following after line 6:
"18.1 The Act is amended by adding the following after section 31:
32 (1) No person shall engage in the practice of shark finning.
(2) In this section, shark finning means the practice of removing the fins from a shark and discarding the remainder of the shark while at sea.
32.1 (1) No person shall import into Canada or export from Canada, or attempt to so import or export, any shark fins or parts of shark fins that are not attached to a shark carcass except in accordance with a permit issued under subsection (2).
(2) The Minister may issue a permit authorizing the importation or exportation into or from Canada of any shark fins or parts of shark fins that are not attached to a shark carcass and impose any conditions that the Minister considers appropriate in the permit, if
(a) the importation or exportation is for the purpose of scientific research relating to shark conservation; and
(b) in the Minister's opinion, the scientific research is likely to benefit the survival of any shark species or is required to enhance the chances of survival of any shark species in the wild.
(3) The Minister may amend, suspend or cancel a permit issued under subsection (2).''.
After debate, the question being put on the motion in amendment, it was adopted, on division.
It was agreed that clause 18 carry.
It was agreed that the new clause 18.1 carry.
It was agreed that clause 19 carry.
The chair asked whether clause 20 shall carry.
The Honourable Senator McInnis moved:
THAT Bill C-68 be amended, in clause 20, on page 15,
(a) by deleting lines 18 to 24; and
(b) by deleting lines 28 to 33.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Poirier, Wells — 2
NAYS
The Honourable Senators
Bovey, Busson, Campbell, Christmas, Francis, Gold, Munson, Petitclerc — 8
ABSTENTIONS
The Honourable Senators
Manning, McInnis — 2
It was agreed that clause 20 carry.
The chair asked whether clause 21 shall carry.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 21, on page 16, by replacing line 5 with the following:
"exercising any power under subsection 34.3(2), (3) or (7),''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 21, on page 16, by replacing line 7 with the following:
"35(2)(b) or (c) or subsection 35(4), 35.1(3), 35.2(7) or''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator McInnis moved:
THAT Bill C-68 be amended in clause 21,
(a) on page 16,
(i) by replacing line 3 with the following:
"34.4 or 35 or under subsection 35.2(10), 36(5) or''; and
(ii) by replacing line 7 with the following:
"35(2)(b) or (c) or subsection 35(4), 35.2(7) or'''; and
(b) on page 20, by replacing lines 9 to 13 with the following:
"accordance with the regulations; or
(f) the work, undertaking or activity is a prescribed''.
After debate and with leave, the amendment was withdrawn.
At 7:55 p.m., the committee adjourned to the call of the chair.
ATTEST:
Chantal Cardinal
Clerk of the Committee