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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting No. 103
Thursday, May 24, 2018, 8:47 a.m. to 10:46 a.m.
Presiding
Bernadette Jordan, Chair (Liberal)

House of Commons
• Philippe Méla, Legislative Clerk
• Jacques Maziade, Legislative Clerk
 
Library of Parliament
• Daniele Lafrance, Analyst
• Thai Nguyen, Analyst
Department of Fisheries and Oceans
• Mark Waddell, Director General, Fisheries and Licence Policy
• Nicholas Winfield, Director General, Ecosystems Management
Pursuant to the Order of Reference of Monday, April 16, 2018, the Committee resumed consideration of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence.

The Committee resumed clause-by-clause consideration on Clause 53 of the Bill.

The witnesses answered questions.

Robert J. Morrissey moved, — That Bill C-68, in Clause 53, be amended by replacing lines 11 to 35 on page 56 with the following:

“53 (1) If an application for the issuance of an authorization under paragraph 35(2)(b) of the Fisheries Act is made in accordance with the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations before the day on which section 22 of this Act comes into force, and the applicant has received notification from the Minister that the application is complete in accordance with the requirements of those regulations, then the Fisheries Act as it read immediately before the day on which this Act receives royal assent, applies to the exercise of the Minister’s power under that Act to authorize the carrying on of the work, undertaking or activity that is referred to in the application. Any authorization issued by the Minister is deemed to be an authorization that was issued under paragraphs 34.4(2)(b) and 35(2)(b) of that Act, as those paragraphs read after the day on which section 22 of this Act comes into force.

(2) If the Minister notifies the applicant in accordance with the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations, that the application is incomplete, then the applicant shall provide the Minister with the required information or documentation

(a) no later than 180 days after the day on which section 22 of this Act comes into force, if the applicant receives the notice before that day.

(b) no later than 180 days after the day on which the applicant received the notice, if the applicant receives the notice on or after the day on which section 22 of this Act comes into force.

(3) If the Minister notifies the applicant, in accordance with the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations, following the receipt of any required information or documentation from the applicant within the time period referred to in subsection (2), that the application is complete, the Fisheries Act as it read immediately before the day on which this Act received royal assent applies to the exercise of the Minister’s power under that Act to authorize the carrying on of the work, undertaking or activity that is referred to in the application. Any authorization issued by the Minister is deemed to be an authorization that was issued under paragraphs 34.4(2)(b) and 35(2)(b) of that Act, as those paragraphs read after the day on which section 22 of this Act comes into force. However, if the Minister notifies the applicant that the application is still incomplete, then the authorization that was applied for is deemed to have been refused.”

After debate, the question was put on the amendment of Robert J. Morrissey and it was agreed to on division.

Clause 53 carried on division.

By unanimous consent, Clauses 53 to 58 inclusive carried on division severally.

Clause 59 carried on division.

By unanimous consent, the Committee reverted to Clause 9 previously stood.

Churence Rogers moved, — That Bill C-68, in Clause 9, be amended by replacing line 28 on page 7 to line 1 on page 8 with the following:

“6.1 (1) In the management of fisheries, the Minister shall implement measures to maintain prescribed major fish stocks at or above the level necessary to promote the sustainability of the stock, taking into account the biology of the fish and the environmental conditions affecting the stock.

(2) If the Minister is of the opinion that it is not feasible or appropriate, for cultural reasons or because of adverse socio-economic impacts, to implement the measures referred to in subsection (1), the Minister shall set a limit reference point and implement measures to maintain the fish stock at or above that point, taking into account the biology of the fish and the environmental conditions affecting the stock.

(3) If the Minister sets a limit reference point in accordance with subsection (2), he or she shall publish the decision to do so, with reasons, on the Internet site of Department of Fisheries and Oceans.

6.2 (1) If a prescribed major fish stock has declined to or below its limit reference point, the Minister shall develop a plan to rebuild the stock to or above that point in the affected area, taking into account the biology of the fish and the environmental conditions affecting the stock, and implement it within the period provided for in the plan.

(2) If the Minister is of the opinion that such a plan could result in adverse socio-economic or cultural impacts, the Minister may amend the plan or the implementation period in order to mitigate those impacts while minimizing further decline of the fish stock.

(3) Subsection (1) does not apply if the affected fish stock is an endangered species or a threatened species under the Species at Risk Act or if the implementation of international management measures by Canada does not permit it.

(4) If the Minister amends a plan in accordance with subsection (2) or decides not to make one in accordance with subsection (3), he or she shall publish the decision to do so, with reasons, on the Internet site of the Department of Fisheries and Oceans.

(5) In the management of fisheries, if the Minister is of the opinion that the loss or degradation of the stock’s fish habitat has contributed to the stock's decline, he or she shall take into account whether there are measures in”

Debate arose thereon.

Fin Donnelly moved, — That the amendment be amended by adding the words “within a reasonable time and” after the words “to do so,”.

After debate, the question was put on the subamendment of Fin Donnelly and it was agreed to.

The question was put on the amendment of Churence Rogers, as amended, and it was agreed to on the following recorded division:

YEAS: Fin Donnelly, Pat Finnigan, Ken Hardie, Ken McDonald, Robert J. Morrissey, Churence Rogers — 6;

NAYS: Mel Arnold, Larry Miller — 2.

Churence Rogers moved, — That Bill C-68, in Clause 9, be amended by adding after line 2 on page 8 the following:

“6.3 The major fish stock referred to in sections 6.1 and 6.2 are to be prescribed by regulations.”

At 8:56 a.m., the sitting was suspended.

At 9:01 a.m., the sitting resumed.

After debate, the question was put on the amendment of Churence Rogers and it was agreed to on the following recorded division:

YEAS: Fin Donnelly, Pat Finnigan, Ken Hardie, Ken McDonald, Robert J. Morrissey, Churence Rogers — 6;

NAYS: Mel Arnold, Larry Miller — 2.

Clause 9, as amended, carried on the following recorded division:

YEAS: Terry Beech, Fin Donnelly, Pat Finnigan, Ken Hardie, Ken McDonald, Robert J. Morrissey, Churence Rogers — 7;

NAYS: Mel Arnold, Larry Miller — 2.

By unanimous consent, the Committee reverted to Clause 28 previously stood.

Mel Arnold moved, — That Bill C-68, in Clause 28, be amended by replacing line 34 on page 32 to line 2 on page 33 with the following:

“42.03 A proponent may use their certified habitat credits in respect of a fish habitat bank to offset the adverse effects on fish or fish habitat within a watershed accessible by the species of fish affected by the carrying on of a work, undertaking or activity authorized or permitted to be carried on in that watershed.”

After debate, the question was put on the amendment of Mel Arnold and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.

Clause 28 carried on division.

The Title carried on division.

The Bill, as amended, carried on division.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-68, as amended, be reprinted for the use of the House at report stage.

At 9:26 a.m., the sitting was suspended.

At 9:27 a.m., the sitting resumed in camera.

Pursuant to Standing Order 108(2) and the motion adopted by the Committee on Monday, December 12, 2016, the Committee resumed its study of the Oceans Act’s marine protected areas.

The Committee resumed consideration of a draft report.

It was agreed, — That the draft report, as amended, be adopted.

It was agreed, — That the report be entitled "The Oceans Act's Marine Protected Areas".

It was agreed, — That the Chair, Clerk and Analysts be authorized to make such grammatical and editorial changes as may be necessary without changing the substance of the report.

It was agreed, — That, pursuant to Standing Order 109, the Committee request that the Government table a comprehensive response to the report.

It was agreed, — That dissenting or supplementary opinions be in Calibri 12-point font, left aligned, single line spacing, with the title in Cambria 14-point font and be submitted electronically, in both official languages, to the Clerk of the Committee, not later than 5:00 p.m. on Thursday, May 31, 2018.

ORDERED, — That the Chair present the report to the House.

At 9:58 a.m., the sitting was suspended.

At 10:03 a.m., the sitting resumed.

The Committee proceeded to the consideration of matters related to Committee business.

At 10:46 a.m., the Committee adjourned to the call of the Chair.



Nancy Vohl
Clerk of the Committee