By: Dave Poulton

PDF Version: Disappointment at the Bank: The Fish Habitat Banking Provisions of Bill C-68

Legislation Commented On: Bill C-68: An Act to amend the Fisheries Act and other Acts in consequence

Over the past weeks several ABlawg contributors have posted their summaries and commentary on the suite of environmental assessment and protection legislation introduced by the federal government in the form of Bills C-68 and C-69. The series started with Martin Olszynski’s overview of the two pieces of legislation, to which readers are referred for background to my contribution.

The purpose of this post is to examine fish habitat banking, a fisheries management tool that for the first time stands to be legislated through the amendments to the Fisheries Act, RSC 1985, c F-14 found in Bill C-68. Habitat banking is a mechanism to enable the provision of habitat “offsetting”. To understand habitat banking, therefore, it is necessary to start with the concept of offsetting. Continue reading →

By: Martin Olszynski, Brett Favaro and Nicolas Lapointe

PDF Version: Asking the Right Questions about Amendments to the Fisheries Act

Legislation Commented On: Bill C-68, An Act to Amend the Fisheries Act

On February 5, 2018, the federal government tabled Bill C-68, An Act to Amend the Fisheries Act. This Bill is the product of roughly two years of study and public consultation by both the Standing Committee on Fisheries and Oceans (FOPO) and Fisheries and Oceans Canada (DFO) – study and consultation that was promised by the then-opposition Liberals during the last federal election campaign. That promise was itself a response to the previous Conservative government’s changes to the Fisheries Act, RSC 1985, c F-14, as part of its overhaul of the federal environmental regime back in 2012. With respect to the Fisheries Act specifically, the previous government took direct aim at the habitat protection provisions of that legislation (section 35). While some of the changes were positive, such as broadening protection to include not just “works and undertakings” but also “activities”, most of them were widely panned (see e.g. here, here, here, here, here, and here). Whereas the original prohibition protected all fish and fish habitat, post-2012 only those fish (and their habitat) that were part of, or supported, a commercial, recreational or Aboriginal fishery are protected. The level of protection has also been reduced: whereas the previous version of section 35 protected against “harmful alterations, disruption, or destruction” of fish habitat, the 2012 version only protects against the “permanent alteration or destruction” of fish habitat. Continue reading →