Proceedings of the Standing Senate Committee on
Fisheries and Oceans
Issue No. 46 - Minutes of Proceedings - May 16, 2019
OTTAWA, Thursday, May 16, 2019
(91)
The Standing Senate Committee on Fisheries and Oceans met this day at 8:04 a.m., in room B30, Senate of Canada Building, the chair, the Honourable Fabian Manning, presiding.
Members of the committee present: The Honourable Senators Bovey, Busson, Campbell, Francis, Gold, Harder, P.C., Manning, McInnis, Munson, Petitclerc, Poirier, Ravalia and Wells (13).
In attendance: Daniele Lafrance, Analyst, Parliamentary Information and Research Services, Library of Parliament; and Ben Silverman, Communications Officer, Senate Communications Directorate.
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;
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 answered questions from time to time.
It was agreed that the committee continue clause-by-clause consideration of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence.
The Honourable Senator Poirier moved:
THAT Bill C-68 be amended, in clause 21, on page 18, by replacing lines 19 to 25 with the following:
"ter and the water flow downstream of the obstruction or thing that are sufficient for the conservation and protection of the fish and fish habitat.''.
After debate, the question 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 20, by replacing line 12 with the following:
"35.1(3), in the case of a work, undertaking or activity that is part of a designated project and that is designated by the Minister under subsection 35.1(2); or''.
After debate, the question put on the motion in amendment, it was adopted.
It was agreed that clause 21 as amended carry.
The chair asked whether clause 22 shall carry.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 22, on page 21, by replacing line 27 with the following:
"35.1(3), in the case of a work, undertaking or activity that is part of a designated project and that is designated by the Minister under subsection 35.1(2); or''.
After debate, the question put on the motion in amendment, it was adopted.
The Honourable Senator Wells moved:
THAT Bill C-68 be amended in clause 22, on page 22, by adding the following after line 25:
"35.11 (1) If a work, undertaking or activity is authorized or otherwise permitted under subsection 35(2) or 35.1(2), the person carrying out the work, undertaking or activity shall provide to the Minister, to offset the harmful alteration, disruption or destruction that results from such work, undertaking or activity, an equivalent or greater
(a) physical offset;
(b) payment in lieu of offset; or
(c) habitat credits.
(2) Any amount received as payment in lieu of offset under subsection (1) is to be used for habitat conservation or restoration within the province — or as close to it as practicable — in which the work, undertaking or activity is located.
(3) The Governor in Council may make regulations for the purposes of subsections (1) and (2), including regulations respecting the calculation of amounts for payment in lieu of offset.''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators
Campbell, Manning, McInnis, Poirier, Ravalia, Wells (6)
NAYS
The Honourable Senators
Bovey, Busson, Francis, Gold, Petitclerc (5)
ABSTENTIONS
Nil
It was agreed that clause 22 as amended carry, on division.
The chair asked whether clause 23 shall carry.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 23, on page 22, by replacing lines 15 to 25 with the following:
"35.1 (1) The Minister may designate, as a work, undertaking or activity that is associated with a designated project, any work, undertaking or activity that the Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat.
(2) The Minister shall designate any work, undertaking or activity that is part of a designated project and that the Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat.
(3) The Minister may issue a permit to carry on any work, undertaking or activity designated under subsection (2) and attach any conditions to it.
(4) No person shall carry on any work, undertaking or activity that is designated under subsection (2) except in accordance with a permit issued under subsection (3).
(5) The Minister may amend, suspend or cancel a permit issued under subsection (3).''.
After debate, the question put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Busson, Campbell, Francis, Gold, Petitclerc, Ravalia (7)
NAYS
The Honourable Senators
McInnis, Poirier, Wells (3)
ABSTENTIONS
The Honourable Senator
Manning (1)
The Honourable Senator Poirier moved:
THAT Bill C-68 be amended, in clause 23, on page 22, by replacing line 16 with the following:
"or activity that is part of a designated project and that may result in the death of fish or in the harmful alteration, disruption or destruction of fish habitat, except in''.
After debate and with leave, the amendment was withdrawn.
It was agreed that clause 23 as amended carry.
It was agreed that clause 24 carry.
The chair asked whether clause 25 shall carry.
The Honourable Senator McInnis moved:
THAT Bill C-68 be amended, in clause 25, on page 27, by replacing lines 27 and 28 with the following:
"scribed by the regulations of the death of fish — other than an incidental take or otherwise authorized under this Act — or of a serious and imminent''.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Manning, McInnis, Poirier, Wells (4)
NAYS
The Honourable Senators
Bovey, Busson, Campbell, Francis, Gold, Petitclerc, Ravalia (7)
ABSTENTIONS
Nil
The Honourable Senator McInnis drew the attention of the committee to the amendment adopted during the meeting of May 14, 2019 which, following the latter vote, would render the following amendment irrelevant:
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 and with leave, the amendment was withdrawn.
It was agreed that clause 25 carry.
It was agreed that clause 26 carry.
The chair asked whether clause 27 shall carry.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 27, on page 30, by replacing line 13 with the following:
"35(2)(b) or (c) or subsection 35.1(3) or 35.2(7), or with''.
After debate, the question put on the motion in amendment, it was adopted.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 27, on page 31, by replacing lines 17 and 18 with the following:
"under subsection 34.3(1), an order of the Minister made under subsection 34.3(2) or (3) or a provision of a regulation made under subsection 34.3(7),''.
After debate, the question put on the motion in amendment, it was adopted.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 27, on page 31, by replacing line 29 with the following:
"section 35.1(4), or''.
After debate, the question put on the motion in amendment, it was adopted.
It was agreed that clause 27 as amended carry.
The chair asked whether clause 28 shall carry.
The Honourable Senator Wells moved:
THAT Bill C-68 be amended in clause 28,
(a) on page 32,
(i) by replacing line 13 with the following:
"tivity that is carried on for the purpose of'',
(ii) by adding the following after line 22:
"habitat bank sponsor means a proponent or any other person who proposes the carrying on of a conservation project. (parrain de réserve d'habitats)'',
(iii) by replacing line 24 with the following:
"between any habitat bank sponsor and the Minister under section'',
(iv) by replacing lines 27 and 28 with the following:
"proponent means any person who proposes the carrying on of any work, under-'',
(v) by replacing lines 37 and 38 with the following:
"(a) establish a system for the creation, allocation, management, transfer and exchange of habitat credits in rela-'', and
(vi) by replacing line 40 with the following:
"(b) issue certificates respecting the'';
(b) on page 33,
(i) by replacing lines 2 and 3 with the following:
"the Minister may enter into arrangements with any habitat bank sponsor.'', and
(ii) by adding the following after line 30:
"(e.1) the terms under which the habitat credits earned under the arrangement may be transferred or exchanged;''; and
(c) on page 34,
(i) by replacing line 5 with the following:
"creation, allocation, management, transfer and exchange of habitat credits'', and
(ii) by replacing line 10 with the following:
"(c) respecting an arrangement with any habitat bank sponsor.''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators
Busson, Campbell, Francis, Manning, McInnis, Petitclerc, Poirier, Ravalia, Wells (9)
NAYS
The Honourable Senators
Bovey, Gold (2)
ABSTENTIONS
Nil
The Honourable Senator Wells moved:
THAT Bill C-68 be amended in clause 28,
(a) on page 33, by replacing line 34 with the following:
"42.03 (1) A proponent may only use their certified habitat''; and
(b) on page 34, by adding the following after line 2:
"(2) A proponent may only use their certified habitat credits if the fish habitat bank and the work, undertaking or activity referred to in subsection (1) are located within the same province, service area or area that the Minister may, by order, designate for purposes of this section.''.
After debate, the question put on the motion in amendment, it was adopted, on division.
It was agreed that clause 28 as amended carry, on division.
It was agreed that clause 29 carry.
It was agreed that clause 30 carry.
The chair asked whether clause 31 shall carry.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 31, on page 37, by replacing line 22 with the following:
"ferred to in subsection 35.1(3);''.
After debate, the question put on the motion in amendment, it was adopted.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 31, on page 37, by replacing line 27 with the following:
"35.1(3), or for the amendment, suspension or cancella-''.
After debate, the question put on the motion in amendment, it was adopted.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 31, on page 38, by replacing line 3 with the following:
"(c) or for issuing permits under subsection 35.1(3), or''.
After debate, the question put on the motion in amendment, it was adopted.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 31, on page 38, by replacing lines 7 to 9 with the following:
"classes of projects that are likely to affect fish or fish habitat;''.
After debate, the question put on the motion in amendment, it was adopted.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 31, on page 38, by replacing line 13 with the following:
"35(5), or a permit referred to in subsection 35.1(5), as''.
After debate, the question put on the motion in amendment, it was adopted.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 31, on page 38, by replacing line 22 with the following:
"or (6), or a permit under subsection 35.1(5), as the''.
After debate, the question put on the motion in amendment, it was adopted.
It was agreed that clause 31 as amended carry.
The chair asked whether clause 32 shall carry.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 32, on page 41, in the English version, by replacing lines 1 and 2 with the following:
"(2) The permissions, leases and licences referred to in subsection (1) — including their''.
After debate, the question put on the motion in amendment, it was adopted.
It was agreed that clause 32 as amended carry.
It was agreed that clauses 33 to 58 carry.
The chair asked whether clause 59 shall carry.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended on page 15 by adding the following after line 26:
"Coordinating Amendments
58.1 (1) Subsections (2) to (8) apply if Bill S-203, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) (in this section referred to as the "other Act''), receives royal assent.
(2) On the first day on which both section 2 of the other Act and this subsection are in force, the Fisheries Act is amended by adding the following after section 23.2:
23.3 (1) Subsection 445.2(2) of the Criminal Code does not apply to a person who conducts scientific research in accordance with a licence issued by the Minister under subsection (2).
(2) The Minister may issue a licence authorizing any person to conduct scientific research with respect to cetaceans and impose any conditions that the Minister considers appropriate in the licence.
23.4 (1) Paragraph 445.2(2)(a) of the Criminal Code does not apply to a person who keeps a cetacean in captivity in the best interests of the cetacean's welfare in accordance with a licence issued by the Minister under subsection (2).
(2) The Minister may issue a licence authorizing any person to keep a cetacean in captivity in the best interests of the cetacean's welfare and impose any conditions that the Minister considers appropriate in the licence.
23.5 Subsection 445.2(2) of the Criminal Code does not apply to the employees of any federal entity set out in Schedules I to V of the Financial Administration Act who are performing their duties or functions in relation to scientific research with respect to cetaceans and to persons who are assisting them.
23.6 Paragraph 445.2(2)(a) of the Criminal Code does not apply to the employees of any federal entity set out in Schedules I to V of the Financial Administration Act who are performing their duties or functions in relation to the keeping of a cetacean in captivity in the best interests of the cetacean's welfare and to persons who are assisting them.
(3) If section 3 of the other Act comes into force before section 15 of this Act, then section 28.1 of the Fisheries Act is repealed.
(4) If section 15 of this Act comes into force before section 3 of the other Act, then that section 3 is deemed never to have come into force and is repealed.
(5) If section 3 of the other Act comes into force on the same day as section 15 of this Act, then that section 3 is deemed never to have come into force and is repealed.
(6) If sections 4 and 5 of the other Act come into force before section 15 of this Act, then section 7.1 and subsection 10(1.1) of the Wild Animal and Plant Protection and Regulation of International and Inter- provincial Trade Act are repealed.
(7) If section 15 of this Act comes into force before sections 4 and 5 of the other Act, then those sections 4 and 5 are deemed never to have come into force and are repealed.
(8) If sections 4 and 5 of the other Act come into force on the same day as section 15 of this Act, then those sections 4 and 5 are deemed never to have come into force and are repealed.
58.2 (1) Subsections (2) to (7) apply if Bill S-238, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (importation and exportation of shark fins) (in this section referred to as the "other Act''), receives royal assent.
(2) If section 2 of the other Act comes into force before section 18.1 of this Act, then section 32 of the Fisheries Act, as enacted by that section 2, is repealed.
(3) If section 18.1 of this Act comes into force before section 2 of the other Act, then that section 2 is deemed never to have come into force and is repealed.
(4) If section 2 of the other Act comes into force on the same day as section 18.1 of this Act, then that section 2 is deemed never to have come into force and is repealed.
(5) If sections 3 and 4 of the other Act come into force before section 18.1 of this Act, then subsections 6(1.1) and 10(1.1) of the Wild Animal and Plant Protection and Regulation of International and Inter-provincial Trade Act are repealed.
(6) If section 18.1 of this Act comes into force before sections 3 and 4 of the other Act, then those sections 3 and 4 are deemed never to have come into force and are repealed.
(7) If sections 3 and 4 of the other Act come into force on the same day as section 18.1 of this Act, then those sections 3 and 4 are deemed never to have come into force and are repealed.''.
After debate, the question put on the motion in amendment, it was adopted.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended on page 15 by adding the following after line 26:
"Coordinating Amendments
58.1 (1) Subsections (2) to (4) apply if Bill S-203, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) (in this section referred to as the "other Act''), receives royal assent.
(2) On the first day on which both section 2 of the other Act and this subsection are in force, the portion of subsection 445.2(2) of the Criminal Code before paragraph (a) is replaced by the following:
(2) Subject to subsections (2.1) to (3.1), every person commits an offence who
(3) On the first day on which both section 2 of the other Act and this subsection are in force, section 445.2 of the Criminal Code is amended by adding the following after subsection (2):
(2.1) If a cetacean is gestating on the day on which this subsection comes into force, paragraphs (2)(b) and (c) do not apply in respect of that cetacean for the period in which it gestates that includes the day on which this subsection comes into force.
(2.2) Paragraph (2)(a) does not apply to the offspring of a cetacean if that offspring was born immediately after a gestational period that included the day on which this subsection came into force.
(4) On the first day on which both section 2 of the other Act and this subsection are in force, subsection 445.2(4) of the Criminal Code is replaced by the following:
(4) Every person commits an offence who promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive cetaceans are used, in Canada, for performance for entertainment purposes, unless the performance is authorized under a licence issued by the Lieutenant Governor in Council of a province or by an authority in the province as may be specified by the Lieutenant Governor in Council.''.
After debate, the question put on the motion in amendment, it was adopted.
The Honourable Senator Harder moved:
THAT Bill C-68 be amended in clause 59, on page 60, by replacing line 30 with the following:
"28 to 30, subsections 31(6) and (13), sections 52''.
After debate, the question put on the motion in amendment, it was adopted.
It was agreed that clause 59 as amended carry.
It was agreed that the title carry.
It was agreed that the bill as amended carry.
It was agreed that the Law Clerk and Parliamentary Counsel be authorized to make technical, numerical and typographical changes and adjustments to the amendments adopted by the committee.
It was agreed that Bill C-68 be reported with amendments to the Senate.
At 9:55 a.m., the committee adjourned to the call of the chair.
ATTEST:
Chantal Cardinal
Clerk of the Committee