News
A leaked government document contends that the Harper government has plans to amend Section 35 and 36 of the Canada Fisheries Act, the sections that deal with habitat protection and pollution. Environmental advocates and the Liberal and NDP parties are warning of a watered down act in which habitat will be eliminated.
Otto E. Langer , fishery biologist and aquatic ecologist who has worked for the DFO and DOE, issued a press release revealing that documents were leaked to him by insiders. He stated :
"The existing effective and essential piece of legislation is to be changed to apparently just protect fish - something that the Act already does. The lack of mention of ‘habitat’ in the proposed draft law and the number of subjective and ambiguous words inserted into this major amendment will make any enforcement of this new law very difficult. For instance what is a fish of economic, cultural or ecological value? If is has no economic value, can it now be needlessly destroyed? This newly drafted provision is not intended to protect fish habitat in any manner whatsoever. To support the habitat provisions in the Act, in 1986 DFO developed the National Habitat Policy with it’s central theme of ‘no net loss’ and it was once heralded as one of Canada’s first policies promoting sustainable development. Will that now also be withdrawn? "
All of this follows recent statements from Natural Resources Minister Joe Oliver and Prime Minister Stephen Harper about the need to reduce the steps that businesses must follow in order to develop Canada's natural resources. The NDP and the Liberals have issued dissenting reports following the recommendations of the Conservative dominated Environmental Committee's review of the Environmental Act.
The government reportedly plans to introduce these changes to the Fisheries Act within the next two weeks by tacking it on to the end of the up coming Budget Omnibus Bill in Parliament . This will mean that there would be no consultation with the public or DFO.
The following is the list of changes:
Section 35(1) of the Fisheries Act now states:
35(1) No person shall carry on any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat.
(2) No person contravenes subsection (1) by causing the alteration, disruption or destruction of fish habitat by an means or under any conditions authorized by the Minister or under the regulations made by the Governor in Counsel under this Act
The proposed new subsection 35(1) of the Fisheries Act is as follows:
35(1) No person shall carry on any work, undertaking or activity, other than fishing, that results in an adverse effect on a fish of economic, cultural or ecological value.
(2) No person contravenes subsection (1) if
(a) the adverse effect is authorized by the Minister and is produced in accordance with the conditions established by the Minister;
(b) the adverse effect is authorized by a person prescribed by the regulations and is produced in accordance with the conditions prescribed by the regulations;
(c) the work, undertaking or activity is carried on in accordance with the conditions set out in the regulations or with any other authorization issued under this Act;
(d) the work, undertaking or activity is carried on in, on, over, under, through or across any Canadian fisheries waters, and
(i) the work, undertaking or activity falls within a class of works, undertakings or activities, or the Canadian fisheries waters fall within a class of Canadian fisheries waters, established by regulation, and
(ii) the work, undertaking or activity is carried on in accordance with the conditions prescribed by the regulations.
Figure outlining enforcement activity of DFO Fishery Officers investigating habitat and pollution violations under the Fisheries Act in BC in the 2002 to 2010 period. Also noted s a summary of all convictions obtained in BC in 1998 and 2008 by the BC Ministry of Environment, Environment Canada and the Department of Fisheries and Oceans. In 2008 only 2 convictions under the provisions of the Fisheries Act were attained in all of Canada. In addition to the federal government turning off habitat and pollution enforcement programs under the Fisheries Act, this has also been the case for the BC Government. Data from Cohen Commission Exhibits.