Benefits to Canadians of the Modernized Fisheries Act

November 2007

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Commercial fish harvesters

• Fish harvesters will get a more open, predictable and transparent licensing system where decisions will be directed by ministerial policies contained in regulations. Licencing regulations will be developed through an open, consultative process. Appeals of licensing decisions will be handled by an arm's length Canada Fisheries Tribunal.
• The current practice of "requests for transfer" or re-issuance of a licence will continue under this new bill. Fish harvesters will continue to be able to request that the department re-issue a new licence to a person he or she designates, for example, a son or a daughter.  DFO then considers the request based on the statute and applicable policies and regulations to determine whether the person meets the eligibility criteria for this particular licence.
• Fish harvesters could get longer term allocations -- up to 15 years rather than the current annual allocations - providing increased stability so they can plan their business operations better. The Minister's allocation decisions will be determined openly and transparently, will be guided by a clear set of considerations outlined in the legislation and will be set through allocation orders.
• Allocation decisions will be set in allocation orders and the Minister will not be able to change those decisions without going through a transparent consultation process.
• Fish harvesters will get a real say in the management decisions, programs and rules in their fisheries through a provision that allows the Minister of Fisheries and Oceans to enter into Fisheries Management Agreements with fishing interests. Fish harvesters will have the assurance that allocations will remain Ministerial decisions and will not be determined under these agreements.
• All infractions of the Fisheries Act, even relatively minor ones, are currently dealt with by provincial courts. A provision in the bill will mean that many of these infractions will be considered as violations and will be dealt with by an arm's-length Canada Fisheries Tribunal. At the same time, fish harvesters will have the assurance of knowing that serious violations will receive more effective penalties than currently provided by the courts.
• As with Aboriginal groups, commercial fish harvesters operating under a Fisheries Management Agreement could identify the penalties for major violations. This would then serve as guidelines for the Canada Fisheries Tribunal.

Provinces and Territories

• Under an Intergovernmental Agreement provision, the bill provides a legal framework to the federal, provincial and territorial governments. This framework gives them the authority to undertake joint action in areas of common interest, reduce overlap and duplication, engage stakeholders and facilitate the flow of information between the levels of government.
• By agreement, provincial regulations could be considered to be equal to, or better than, federal regulations, if they meet or exceed federal standards. In these cases, the federal regulations would no longer apply in the province. This will avoid overlap and duplication of federal and provincial regulatory processes.
• The federal, provincial and territorial governments will be better positioned to take a more integrated approach to managing the fishery sector that includes all the players in the seafood value chain, particularly harvesters and processors. This integrated approach is referred to as the Oceans-to-Plate approach.

Aboriginal fish harvesters

• The bill recognizes that decisions under a new Act must be consistent with the constitutional protection provided to Aboriginal and treaty rights. One of the stated principles of the bill is the government must manage fisheries and conserve and protect fish and fish habitat in a manner that is consistent with the constitutional protection provided for existing Aboriginal and treaty rights.
• Aboriginal fish harvesters could enter into Fisheries Management Agreements, which would provide an additional opportunity for their voices to be heard in fishery management decisions, programs and rules.
• Fisheries related agreements already reached under Fisheries and Oceans Canada's various Aboriginal fishing programs could be considered as Fisheries Management Agreements.
• As with commercial groups, Aboriginal groups operating under a Fisheries Management Agreement could identify the penalties for major violations. This would then serve as guidelines for the Canada Fisheries Tribunal.

Recreational fish harvesters

• The bill's preamble recognizes the importance of recreational fish harvesters and their desire to participate in the management of fisheries. It also states Parliament's commitment to maintaining the public character of the management of fisheries and fish habitat.
• When making licensing and allocation decisions, the bill requires the Minister to take into account the need of all fish harvesters to secure access to the fishery and stable allocations, and the importance of maintaining public access to the fishery.
• The bill allows the Minister to sign Fisheries Management Agreements with recreational fishing organizations, increasing their participation in the management of their fisheries.
• Under this bill, allocations could be made to recreational fish harvesters for up to 15 years.

Citizens and Non-Governmental Organizations

• Sustainable development and the precautionary and ecosystem approaches will be affirmed in law as principles applied in managing the fisheries and conserving and protecting fish and fish habitat.
• The bill will retain the strong authorities and powers for the conservation and protection of fish and fish habitat.
• The conservation and protection of fish and fish habitat will be strengthened through clear links between fisheries management decisions and conservation. As well, it will strengthen the ability to enforce the conditions of authorizations to harmfully alter, disrupt or destroy fish habitat.
• There will be opportunities for public participation in developing regulations to manage the fish habitat impacts of some types of works and undertakings.

Resource Industry Groups

• There is a potential to streamline regulatory reviews by developing regulations for some types of works and undertakings. There will also be the power to declare that federal regulations do not apply when the requirements of provincial laws meet or exceed federal standards.
• Inspectors will have additional powers which will allow for a modernized approach to enforcing the Fisheries Act.

B-HQ-07-59E(f)