The Fisheries Act is our country’s strongest and most effective piece of environmental legislation with the ability to protect our rivers and lakes. The Act is administered by the Department of Fisheries and Oceans (DFO) and Environment Canada. The Act governs many important actions such as the granting of fishery leases and licenses (s. 7-16), the construction of fish-ways (s. 20-22), fish habitat protection and pollution prevention (s. 34- 42), the harvesting of marine plants (s. 44-48), and the powers of fishery officers (s. 49-56).
When it comes to protecting fish habitat and the quality of water in our lakes and rivers, sections 35 and 36 are what make the Fisheries Act so important and effective. These sections spell out that it is against the law to destroy fish habitat or deposit a deleterious substance into waters frequented by fish (unless you have a permit to do so).
Government beaurocrats and industry representatives are crying that the Act is old and “outdated”. They are currently working on proposed ammendments to the Fisheries Act, labelling the changes with the misleading title: Fisheries Act Renewal. When enacted, many of these changes will legalize activities once prohibited by law. What’s more, the changes are often cloaked in language that wrongly suggests the rollbacks, exemptions, and shortcuts will protect our lakes and rivers better than the rights they displace. Changes to the Act will impact the quality of rivers and lakes that belong to the public, yet there has been no public consulation whatsoever regarding the proposed changes.
For decades environmental advocates have been striving to get the attention of DFO to tell them face to face why we are experiencing record habitat loss, fisheries declines and degradation of water quality across the country. Finally, in October a 2 day DFO-ENGO workshop took place in Ottawa. Environmental non-government organizations (ENGOS) from sea to sea to sea gathered in Ottawa for a historic meeting with senior Department of Fisheries and Oceans officials to discuss solutions to the crisis facing Canada’s fish and fish habitats. Ottawa Riverkeeper was one of fifteen representatives selected by the Canadian Environmental Network to participate in the workshop.
One loud and clear message came from delegates at the workshop…the Federal Government is failing to enforce the Fisheries Act and therefore failing to protect Canadian Waters. Case study after case study were presented to DFO that gave stark examples of destruction that are ongoing under the leadership of DFO and Environment Canada. Proposed changes to the Act will not address the critical enforcement problems we are witnessing and the problems associated with the newly adapted framework for risk management. Under this new framework if an activity impacting your waterbody is labelled as “low risk”, there will be no protection offered. Suddenly a fish bearing stream, lake or wetland may be approved as a receiving body for mine tailings or low level radioactive waste.
In the making are proposed regulations under section 36 of the Act that will exempt municipal sewage treatment facilities from the existing environmental protection laws that exist today. For two years, the Canadian Council of Ministers of the Environment has been holding meetings and leading discussions about a “Canada-Wide Strategy” for the Management of Municipal Wastewater Effluent. It is widely recognized that we cannot go on polluting our waters with untreated or partially treated sewage. What the Federal government is failing to tell its citizens is that the facilities in major cities like Halifax, Vancouver and Victoria could be made to “clean up their acts” immediately if the Feds chose to enforce the Fisheries Act as it exists today.
Canadian Waterkeepers are fighting to protect Canadian waters and we believe that the Fisheries Act is the best legal tool to help protect our rivers and lakes. DFO and Environment Canada must be made accountable for their important responsibilities.
View our latest press releases here:
Waterkeepers Unite in their Fight to Save Fisheries Act
For an outstanding overview of some of the emerging threats that relate to the Federal Fisheries Act, please visit the Lake Ontario Waterkeeper’s website.
Remember: Compliance means compliance with the law. We cannot have compliance with non-binding operational statements.