FOPO Committee Report

Clause 1

That Bill C-68, in Clause 1, be amended by replacing line 12 on page 3 with the following:

“(10) Subsection 2(2) of the Act is replaced by the following:

(2) 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.”

Clause 3

That Bill C-68, in Clause 3, be amended by replacing line 25 on page 4 with the following:

“(d) Indigenous knowledge of the Indigenous peoples of”

Clause 9

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, within a reasonable time and with reasons, on the Internet site of the 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”

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.”

Clause 20

That Bill C-68, in Clause 20, be amended by replacing lines 31 to 35 on page 14 with the following:

“dertakings or activities also applies to the works, undertakings or activities of a designated project, except paragraphs 34.4(2)(a) to (c) and (e) and 35(2)(a) to (c) and (e).”

Clause 21

That Bill C-68, in Clause 21, be amended by replacing line 32 on page 15 with the following:

“(g) Indigenous knowledge of the Indigenous peoples of”

That Bill C-68, in Clause 21, be amended

(a) by replacing lines 16 to 22 on page 17 with the following:

“(f) maintain the flow of water necessary to permit the free passage of fish; or

(g) maintain at all times the characteristics of the water and the water flow upstream and downstream of the obstruction or thing that are necessary for the conservation”

(b) by replacing line 26 on page 17 with the following:

“position of the water flow.”

That Bill C-68, in Clause 21, be amended by adding after line 21 on page 18 the following:

“(7) The Minister may make regulations respecting the flow of water that is to be maintained to ensure the free passage of fish or the protection of fish or fish habitat.”

That Bill C-68, in Clause 21, be amended by replacing, in the English version, line 37 on page 18 with the following:

“conditions established by the Minister;”

That Bill C-68, in Clause 21, be amended by replacing line 7 on page 19 with the following:

“authorized, permitted or required under”

Clause 22

That Bill C-68, in Clause 22, be amended by replacing line 22 on page 20 with the following:

“permitted or required under this Act;”

Clause 30

That Bill C-68, in Clause 30, be amended

(a) by replacing, in the English version, line 31 on page 33 with the following:

“the Minister under section 34.2;”

(b) by replacing, in the English version, line 32 on page 33 with the following:

“(c) any orders made by the Minister under sections 34.3”

Clause 31

That Bill C-68, in Clause 31, be amended by replacing lines 27 and 28 on page 37 with the following:

“(j.1) prescribing the circumstances in which the Indigenous knowledge of the Indigenous peoples of Canada”

That Bill C-68, in Clause 31, be amended by replacing line 30 on page 38 with the following:

“(12) Subsection 43(4) of the Act is replaced by the following:

(4) Regulations made under paragraph (1)(i.5) may include as a criterion for designation the fact that a decision has been made under an Act of Parliament to subject the project to an impact assessment.”

Clause 40

That Bill C-68, in Clause 40, be amended by

(a) replacing line 31 on page 42 with the following:

“(2) The Minister shall not require any Indigenous knowl-”

(b) replacing line 25 on page 43 with the following:

“Indigenous Knowledge of the”

(c) replacing line 27 on page 43 with the following:

“61.2 (1) Any Indigenous knowledge of the Indigenous”

(d) replacing line 32 on page 43 with the following:

“(2) Despite subsection (1), the Indigenous knowledge re-”

(e) replacing line 18 on page 44 with the following:

“full or partial disclosure of the Indigenous knowledge re-”

That Bill C-68, in Clause 40, be amended by replacing lines 7 and 8 on page 44 with the following:

“(2.1) Before disclosing Indigenous knowledge under paragraph (2)(b) for the purposes of procedural fairness and natural justice, the Minister shall consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).

(3) The Minister may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to”

That Bill C-68, in Clause 40, be amended by replacing, in the English version, line 11 on page 44 with the following:

“(4) The person or entity referred to in subsection (3) shall comply”

Clause 53

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.”