
The rare ability to move supporters up their pyramid
It’s all about designing diverse engagement pathways. In 2017 rare wanted to shake things up and see if...
[caption id="attachment_22697" align="alignleft" width="150"] Stephen Hazell
Director of Conservation
and General Counsel[/caption]
Today in Parliament, federal Fisheries Minister Dominic LeBlanc introduced amendments to the Fisheries Act, including provisions to restore important habitat safeguards and strengthen enforcement measures, as well as clarify authorizations for projects or proposals that may damage habitat. Most importantly, the prohibition on altering, damaging or destroying fish habitat would be restored. Habitat that is particularly sensitive ecologically would be carefully scrutinized and activities that could affect them would not be authorized.
The amendments make good on the 2015 election pledge by the Trudeau Liberals to restore lost protection for fish habitat. The legislation would also be modernized by providing for “fisheries management orders” that add regulatory tools and broaden the government’s ability to limit harmful fishing practices. New long-term area-based fisheries closures would better protect marine biodiversity and protect vulnerable stocks of fish. New whale protection provisions are also included.
[caption id="attachment_29226" align="alignright" width="420"] Photo by Sofia Osbourne[/caption]
A new public registry would provide public access to a wide range of government decisions, improve transparency and help stop the 'death by a thousand cuts' for fish habitat.
The Fisheries Minister’s power to enter into agreements with Indigenous governing bodies would be increased. A new section addresses the use of traditional Indigenous knowledge. Finally, there would be a new legal requirement to consider the adverse effects of decisions on fisheries on the rights of Indigenous people.
Congratulations to Hon. Dominic LeBlanc on this very good bill. Thanks to Nature Canada’s members and supporters who pushed hard for a strong Fisheries Act and strong environmental laws in general.
Watch this space—we need to make sure that the House of Commons and Senate both pass bills that are at least as strong as the bill the Minister introduced into the House today.
[caption id="attachment_22697" align="alignleft" width="150"] Stephen Hazell
Director of Conservation
and General Counsel[/caption]
Best Opportunity in a Generation for Real Change.
Right now is the best opportunity in a generation for federal environmental law reform. In June, the government announced its decision to establish expert panels to review critical environmental laws gutted by the previous government. This decision shows that our voices were heard. Thank you!
Together with your support, we’ll ensure nature’s voice is heard. Here are just a few crucial changes Nature Canada would like to see to strengthen our laws:
Canadian Environmental Assessment Act
[caption id="attachment_28942" align="alignleft" width="150"] Adam Bond[/caption]
Nature Canada is calling on the House of Commons Committee on Fisheries and Oceans (FOPO) to recommend that the Fisheries Act be amended to account for cumulative effects of works, undertakings and activities that harm fish habitat as well as enhance the standard for protecting fish habitat.
As part of the Government of Canada’s environmental law reform process, FOPO is reviewing lost protections under the Fisheries Act and consulting with Canadians on how to address concerns about the protection of fish and fish habitat. Nature Canada’s brief to FOPO contains six important recommendations, including the need for the Act to respect Indigenous rights; articulate its purposes; trigger environmental assessments where appropriate; clearly define “emissions”; revert to the harmful alteration, disturbance or destruction (HADD) standard for habitat protection; and account for cumulative effects on fish habitat.
Currently, the Act prohibits works, undertakings and activities that results in serious harm to fish that are part of a commercial, recreational or Aboriginal fishery unless an exception is provided. By reverting to the HADD standard which applied prior to the 2012 amendments of the Act, Parliament can ensure a higher standard of protection for fish habitat.
[caption id="attachment_30406" align="alignright" width="300"]
Photo of a Sockeye Salmon[/caption]
The 2012 amendments diminished the scope of section 35 prohibitions on harm to fish by limiting the protections from prohibitions on harm to any fish habitat to prohibitions only on serious harm to fish that are part of a commercial, recreational or Aboriginal fishery. The “serious harm standard” that replaced the HADD standard in the 2013 amendments fails to take into consideration the impacts of harmful alterations, disruptions and destruction of fish habitat on fish unless each impact independently constitutes a “serious harm”.
Limiting the scope of section 35 to prohibit serious harm only to commercial, recreational or Aboriginal fisheries boldly ignores the nature of ecosystems and the complex and dynamic relationships between organisms in their ecosystems.
Sustainable management of fisheries can only be achieved through policies that are informed by science and evidence. The cumulative effects of diverse anthropogenic environmental stresses on aquatic ecosystems must be accounted for under the Fisheries Act. The Act must look beyond the impacts of individual activities to gain a more holistic understanding of the cumulative effects of the multitude of stressors that are degrading fish habitat and undermining the stability of fish stocks. As well, the pressures of climate change on oceans, such as temperature or coastal changes and water acidification work synergistically with other impacts such as pollution, plastics, noise and geophysical alteration to harm fish and fish habitat. Stock must be taken of these environmental impacts and this information must inform decision making under the Act.
Failing to monitor and protect fish habitat against the direct and cumulative impacts of human activities on fish and fish habitat will undermine efforts to protect, restore or responsibly manage Canadian fisheries. The FOPO has an opportunity to recommend amendments to the Fisheries Act that restore and enhance protection for our fisheries.
[caption id="attachment_22697" align="alignleft" width="150"] Stephen Hazell
Director of Conservation
and General Counsel[/caption]
In July, the federal government announced public reviews to consider reforms to four key environmental laws that had been gutted by the former Conservative government in 2012: Canadian Environmental Assessment Act, Fisheries Act, Navigable Waters Protection Act, and National Energy Board Act.
Here are some important changes that Nature Canada would like to see in these new laws:
Fisheries Act
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[caption id="attachment_22697" align="alignleft" width="150"] Stephen Hazell
Director of Conservation
and General Counsel[/caption]
The new Liberal government has promised to strengthen environmental protection provisions removed from the Fisheries Act by the previous government. Nature Canada is pleased to endorse several key amendments proposed by Prof. Martin Olszynski to protect fish habitat across Canada.
Nature Canada thinks that wildlife habitat needs more protection as well. That is why we are also proposing amendments to the Canada Wildlife Act to protect National Wildlife Areas from oil and gas and mining exploration and development.
Now we just need Parliament to get to work!
[/one_half] [one_half_last][box style="1"]Summary of Key Environmental Law Changes
Since 2011, the federal government has made the following changes:
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[caption id="attachment_22697" align="alignleft" width="150"] Stephen Hazell
Director of Conservation
and Legal Counsel[/caption]
The new Liberal government of Justin Trudeau has promised to review environmental laws that have been weakened in recent years by the previous Conservative government. The Liberal election platform states that important environmental protection provisions removed from the Fisheries Act and Navigable Waters Protection Act will be restored and modern safeguards included. The platform also promises an “immediate public review of Canada’s environmental assessment processes” and to modernize the National Energy Board.
Nature Canada is presenting proposals prepared by legal experts to strengthen these and other federal laws. These environmental laws will be essential to protecting our environment and need to be strengthened in order for things like biodiversity to be conserved. The first that is available is A Quick Start on Federal Environmental Assessment, prepared by Stephen Hazell, Nature Canada’s Director of Conservation and General Counsel. He proposes regulatory and policy changes to quickly improve federal environmental assessments of projects such as the Trans Mountain and Energy East Pipelines without recourse to Parliament for new legislation. Other proposals to strengthen the National Energy Board Act, the Fisheries Act, the Canada Wildlife Act, the Canadian Environmental Assessment Act, 2012, and the Species at Risk Act are coming soon![/one_half] [one_half_last][box style="1"]Summary of Key Environmental Law Changes
Since 2011, the federal government has made the following changes:
Canada’s wilderness is the world’s envy. It’s our duty to keep our true north strong and green.
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