Update on Bill C-68 Proposed Amendments to the Fisheries Act. First Nations Fisheries Council Annual General Assembly November 8 th, 2018

Similar documents
DISCUSSION PAPER INDIGENOUS ENGAGEMENT AND CONSULTATION

Section-by-Section for the Magnuson-Stevens Act Reauthorization Discussion Draft

April 6, RSC, 1985, c N-22. SC 1992, c 37. SC 2012, c 19.

Bylaws of the Northeast Aquatic Nuisance Species Panel

Office of the Commissioner of Lobbying of Canada. Report on Plans and Priorities. The Honourable Tony Clement, PC, MP President of the Treasury Board

Indigenous Relations. Business Plan Accountability Statement. Ministry Overview. Strategic Context

DRAFT GUIDELINES FOR MINISTRIES ON CONSULTATION WITH ABORIGINAL PEOPLES RELATED TO ABORIGINAL RIGHTS AND TREATY RIGHTS

UNDRIP: Lands, Territories & Resources and the Indigenous Forests in Canada

FISHERY MANAGEMENT PLANS 5/28/2009

Métis Nation and Environmental Assessment. Métis Nation Special Sitting of the General Assembly March 19, 2017 Vancouver, BC

First Nations Perspectives: Review of National Aquatic Animal Health Program

FISHERY MANAGEMENT PLANS DRAFT REVISION 4/14/2009

THE LEGISLATIVE PROCESS: FROM GOVERNMENT POLICY TO PROCLAMATION

PUBLIC PROSECUTION SERVICE OF CANADA

2018 Bill 12. Fourth Session, 29th Legislature, 67 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 12

Office of the Commissioner of Lobbying of Canada. Report on Plans and Priorities. The Honourable Tony Clement, PC, MP President of the Treasury Board

THE FEDERAL LOBBYISTS REGISTRATION SYSTEM

S.O. 2015, CHAPTER 24

Office of the Commissioner of Lobbying of Canada

One Hundred Fifteenth Congress of the United States of America

Health and Social Care Act 2008

Parliamentary Research Branch. Legislative Summary BILL C-5: THE SPECIES AT RISK ACT. Kristen Douglas Law and Government Division.

News Release. For Immediate Release: January 23, 2012

Wednesday, April 4, The Honourable Keith Ashfield, M.P. Minister of Fisheries and Oceans 200 Kent Street Ottawa, Ontario, K1A 0E6

Office of the Chief Electoral Officer

The Legislative Process: From Government Policy to Proclamation

What are Local Governments Required to do to Meet the Riparian Areas Regulation?

Office of the Commissioner of Lobbying Ottawa, Ontario September 24, The Lobbyists Code of Conduct A Consultation Paper

Atlantic States Marine Fisheries Commission

AGREEMENT To Establish a Joint Review Panel for the Grassy Mountain Coal Project Between

WHAT WE HEARD SO FAR

Public Consultation on the Lobbying Regulations and Registration System

2016 Bill 33. Second Session, 29th Legislature, 65 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 33

Overview of the Consolidation Process Texas Health and Human Services System

Columbia River Treaty Review

THE PRESIDENT OF THE UNITED STATES

DRAFT FOR CONSULTATION

Analytical assessment tool for national preventive mechanisms

Bill C-48: An Act to amend the Canada Grain Act and to make consequential amendments to other Acts

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 1672

Office of the Commissioner of Lobbying of Canada

Vote Parliamentary Counsel

Wageningen, 12 July Subject: Response to your letter dated 5 April 2016

Environmental Management and Conservation (Amendment) Act 2010

OVERVIEW OF A RECOGNITION AND IMPLEMENTATION OF INDIGENOUS RIGHTS FRAMEWORK

Operating Agreement. November 2013

Review of the Navigation Protection Act and First Nations

Evaluation of the Overseas Orientation Initiatives

ANNEX ANNEX. to the. Proposal for a Council Decision

Source Protection Plan Bulletin Overview of Requirements for Plan and Assessment Report Amendments under s.34 and s.35 of the Clean Water Act

EU Referendum Bill B I L L. Provide for a referendum about the United Kingdom s future relationship with the European Union.

BC ASSEMBLY OF FIRST NATIONS

PROJECT APPROVAL CERTIFICATE M02-01

Summary of the Draft Management Plan and Draft Environmental Impact Statement

Antarctic Marine Living Resources Conservation Act 1981

CANADA-NORTHWEST TERRITORIES ENVIRONMENTAL OCCURRENCES NOTIFICATION AGREEMENT (the Agreement )

INFLUENCING BC. Winter 2018, Volume 7, Issue 2. Winter 2018, Volume 7, Issue 2

Duty to Consult and the Aboriginal Reconciliation Process in New Brunswick. Aboriginal Affairs Secretariat November 6, 2015

Bill C-58: An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts

B I L L. No. 30 An Act to amend The Freedom of Information and Protection of Privacy Act

PROCUREMENT REFORM (SCOTLAND) BILL [AS AMENDED AT STAGE 2]

OFFICE OF THE CHIEF ELECTORAL OFFICER AND THE COMMISSIONER FOR LEGISLATIVE STANDARDS. Business Plan

Justice ACCOUNTABILITY STATEMENT

Input to Phase 3 Consultation: World Bank Environmental and Social Safeguard Framework

EQUITABLE GROUP INC. EQUITABLE BANK. Human Resources and Compensation Committee Mandate

CHILDCARE ACT EXPLANATORY NOTES

Memorandum of Understanding among California Natural Resources Agency, California Department of Parks and Recreation, and Resources Legacy Fund

Immigration and Refugee Board

AGREEMENT on the Environment between Canada and The Republic of Peru

Nanaimo River Watershed Roundtable TERMS OF REFERENCE ( )

Challenges & Strategies in Updating Local Coastal Programs: Three Perspectives

Brief on Accessibility

NORTHERN IRELAND BUDGET (NO. 2) BILL EXPLANATORY NOTES

National Marine Sanctuaries

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES FAIR WORK (JOB SECURITY AND FAIRER BARGAINING) AMENDMENT BILL 2012

MUTUAL FUND DEALERS ASSOCIATION OF CANADA PROPOSED AMENDMENTS TO MFDA RULE (CONTENT OF ACCOUNT STATEMENT)

Parliamentary Information and Research Service. Legislative Summary BILL C-3: INTERNATIONAL BRIDGES AND TUNNELS ACT

Second report of the Secretary-General submitted pursuant to Security Council resolution 1757 (2007) I. Introduction

Proposal for a COUNCIL DECISION

78 COUNTRIES. During 2010, UNDP, with BCPR technical input, provided support to

HYDRO ONE LIMITED HEALTH, SAFETY, ENVIRONMENT AND INDIGENOUS PEOPLES COMMITTEE MANDATE

VOLUNTARY GUIDELINES FOR THE REPATRIATION OF TRADITIONAL KNOWLEDGE

2014 EXECUTIVE GOVERNMENT ADMINISTRATION c. E CHAPTER E-13.1

Bill S-3: An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général)

GRADE 9 Social Studies Canada: Opportunities and Challenges

Office of the Commissioner of Lobbying of Canada

Activist Guide to Sinohydro s International Corporation Limited s Environmental and Social Policy Commitments

CANADA S RESPONSE TO THE DESCHENEAUX DECISION: Bill S-3 and the Collaborative Process. January 2018

Governance Policies. December 8, Canadian Soccer Association

Ministry of Citizenship and Immigration. Follow-Up on VFM Section 3.09, 2014 Annual Report RECOMMENDATION STATUS OVERVIEW

PARIS AGREEMENT. Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as "the Convention",

GoCo Model The Canadian Regulator s Perspective

Immigration (Education) Regulations 2018

Aquaculture Licence and Lease Regulations made under Section 64 of the Fisheries and Coastal Resources Act S.N.S. 1996, c. 25

NATIONAL VELD AND FOREST FIRE AMENDMENT BILL

Guideline on Applying for Exemption or Filing of a Notice of Exemption. December 14, 2011

THE SYSTEM OF PROVIDING INFORMATION ON SAFEGUARDS (SIS) SHOULD BE BASED ON RIGHTS-BASED INDICATORS TO ASSESS, AMONG OTHERS:

2009 Bill 36. Second Session, 27th Legislature, 58 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 36 ALBERTA LAND STEWARDSHIP ACT

FCCC/CP/2015/10/Add.1 Annex Paris Agreement

This document is available at WATER RESOURCES MANAGEMENT ACT NO. 9 OF 2002

Transcription:

Update on Bill C-68 Proposed Amendments to the Fisheries Act First Nations Fisheries Council Annual General Assembly November 8 th, 2018 1

Presentation overview Background Update on the Parliamentary Process Program Revitalization Update on Regulatory and Policy Changes under Consideration Next Steps 2

Work to date Standing Committee on Fisheries and Oceans In 2016-17, the Parliamentary Standing Committee on Fisheries and Oceans reviewed and provided recommendations on the 2012 changes to the Fisheries Act. The Government Response supported all recommendations and described opportunities to restore lost protections and incorporate modern safeguards into the Act. www.parl.gc.ca/committees/en/fopo DFO engagement DFO complemented the Standing Committee s review by engaging with Indigenous peoples, provinces and territories, stakeholders and the Canadian public: Lets Talk Fish Habitat Parliamentary Process On February 6, 2018, the Government of Canada introduced a bill in Parliament that proposed amendments to the Fisheries Act. On June 20, 2018, the House of Commons gave Third Reading to Bill C-68, and approved amendments, and referred it to the Senate where it has passed Second Reading. www.parl.ca/documentviewer/en/42-1/bill/c-68/third-reading 3

Overview of the Bill 8 Key Areas 1. Provisions to modernize the Fisheries Act 2. Reconciliation with Indigenous peoples 3. Fish and fish habitat protection provisions 4. Enforcement provisions 5. Fisheries management provisions 6. Provisions to create a fisheries management order power 7. Biodiversity protection provisions 8. Cetaceans in captivity provisions 4

Amendments to Bill C-68 The amendments to Bill C-68 are located here: http://www.parl.ca/documentviewer/en/42-1/bill/c-68/third-reading Overview: Further modernize and clarify the language of the Fisheries Act Ex. Traditional knowledge is replaced by Indigenous knowledge throughout the Act Refine the definition of flow with respect to fish habitat For the purposes of this Act, the quantity, timing and quality of the water flow that are necessary to sustain the freshwater or estuarine ecosystems of a fish habitat are deemed to be a fish habitat. Provide new guidance on the management of depleted fish stocks Revise and update the Transitional Provisions 5

Parliamentary process The Bill is subject to the parliamentary process. 6

Timing of amendments The majority of the amendments to the Fisheries Act enter into force upon Royal Assent. But for a few exceptions, however, the new fish and fish habitat protection provisions would enter into force subsequent to Royal Assent, at a date set by the Governor in Council. In preparation, Fisheries and Oceans Canada is currently in the process of developing regulations, policies and other program instruments to support the modifications to the Fisheries Act should Bill C-68 receive Royal Assent. This will ensure preparedness for the coming into force of the amended Fisheries Act. This development of possible tools is being undertaken through engagement and early discussions with Canadians. 7

Why and How Program Revitalization Fisheries and Oceans Canada (DFO) has begun to reorganize the Fisheries Protection Program (FPP) to enhance its current program delivery and to position the Department to support the proposed amendments to the Fisheries Act, should they come into force. Resources announced in Budget 2018 to expand the Fisheries Protection Program have been approved. This includes capacity for Science and C&P There will be growth and re-organization as the program transitions from the Fisheries Protection Program to the Fish and Fish Habitat Protection Program (FFHPP).

Why and How Program Revitalization The focus of the FFHPP will be on enhancing the conservation and protection of fish and fish habitat, with new resources dedicated to Integrated Planning and Partnerships and Engagement efforts with external stakeholders and Indigenous Organizations. Implementation of these changes will be a phased process that will occur over the next 2-3 years. Stakeholders, partners, Indigenous organizations, proponents and clients will receive updates as the transition moves ahead. During this time, enhancements will be made to the existing program to ensure it is responsive to its clients needs and to better support conservation and protection of fish and fish habitat. Any further questions on these program changes can be directed to Brad Fanos, Acting Director, Fish and Fish Habitat Protection, Pacific Region.

Fish and fish habitat protection activities Regulatory and Enforcement Integrated Planning Engagement Reporting to Canadians Review of development projects Provision of advice and authorization Enforcement of compliance Restoration Offsetting Habitat Banking Ecologically Significant Areas Consultation Outreach Partnerships Monitoring compliance and effectiveness Reporting Public Registry Reconciliation with Indigenous Peoples 10

Bill C-68 and Program Implementation Amendments to the Fisheries Act proposed in Bill C-68 are currently before the Senate. In order to align with the new provisions in Bill C-68 and to continuously improve and update current regulations, preconsultation on the Applications for Authorization Regulations have been initiated. Formal consultations would commence should Bill C-68 receive Royal Assent. The Department will continue to engage indigenous groups, stakeholders and partners on any changes to DFO s regulatory process that should result from Bill C-68. For now, the regulatory process remains unchanged. 11

Updating the Applications Regulations Amendments to the Applications for Authorization Regulations are being considered in preparation for possible changes, should Bill C-68 receive Royal Assent, in order to align with the new provisions in Bill C-68 and to reflect the lessons learned from implementation of the current regulations. A Consultation Paper outlining these proposed changes was posted on DFO s website and input was invited over the summer. The regulation details the information and documentation that must be submitted by an applicant requesting such an authorization; and the timeline to process the application. 12

The Proposed Amendments 1. Reflecting new and amended provisions that would be part of the Fisheries Act 2. Amending, suspending or cancelling authorizations 3. Using certified habitat credits in the place of, or in addition to offsetting plan 4. Expanding ways to request financial security 5. Requiring geographic coordinates of the proposed offsetting measures 6. Notifying Indigenous communities 13

Engagement Plan for Fall/Winter 2018-2019 Fall / Winter 2018-2019 (Expected) Paper introducing regulatory intent on Designated Projects regulation Two regulations will be developed to support the rebuilding of fish stocks. Engagement on other regulations, program and policy ideas (TBD) Indigenous Knowledge Standards and Codes of Practice Routine projects regulations can specify procedures and practices for authorizing residual harm during any phase of a project. Royal Assent (TBD) Coming Into Force (expected June 2019) 14

Thank-you for your interest and attention Tola Coopper, Team Lead Partnerships 250-618-9038 Tola.coopper@dfo-mpo.gc.ca More Information: Bill C-68 A Fisheries Act for the future 15