Thursday, April 4, 2019

The Standing Senate Committee on Fisheries and Oceans has the honour to present its

TWELFTH REPORT

Your committee, to which was referred Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act, has, in obedience to the order of reference of December 11, 2018, examined the said bill and now reports the same with the following amendment:

1. Clause 5, page 4: Add the following after line 32:

“(4) Despite section 35.2, no order may be made under subsection (2) unless the Minister

(a) is able to determine the approximate geographical location of the proposed marine protected area and make a preliminary assessment of any habitat or species in that area that is in need of protection; and

(b) posts a report of the information referred to in paragraph (a) on the departmental website.

35.11 (1) Before an order may be made under subsection 35.1(2), the Minister shall

(a) cause the proposed order to be posted on the Minister’s website, accompanied by a notice that invites the public to provide comments during a period, to be set by the Minister, of at least 60 days, beginning on the day after the day on which the proposed order is posted;

(b) ensure that the public is provided with an opportunity to participate meaningfully in informing the Minister’s consideration of the proposed order within the period set under paragraph (a);

(c) provide written notice of the proposed order to every jurisdiction whose lands or interests may be affected by the order and consult and cooperate with every such jurisdiction that requests a consultation no later than 30 days after the day on which it received the notice; and

(d) prepare and post on the Minister’s website a report that

(i) summarizes the comments received under paragraph (a),

(ii) describes how the public was provided an opportunity for meaningful participation as required under paragraph (b),

(iii) lists the requests received for consultation under paragraph (c), and

(iv) summarizes the consultations that occurred under paragraph (c).

(2) For the purposes of paragraph (1)(c), jurisdiction means

(a) the government of a province;

(b) any agency or body that is established under an Act of the legislature of a province and that has powers, duties or functions in relation to the environment;

(c) any body — including a co-management body — that is established under a land claim agreement referred to in section 35 of the Constitution Act, 1982 and that has powers, duties or functions in relation to the environment; or

(d) any council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 and that has powers, duties or functions in relation to the environment

(i) under a land claim agreement referred to in section 35 of the Constitution Act, 1982, or

(ii) under an Act of Parliament or an Act of the legislature of a province, including a law that implements a self-government agreement.

(3) For greater certainty, the requirement set out in paragraph (1)(c) to consult and cooperate with a jurisdiction includes, when appropriate, a duty to accommodate if the jurisdiction is a body or entity referred to in paragraph (2)(c) or (d).”.

Respectfully submitted,