FOPO Committee Report
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On 30 November 1999, the Standing Committee on Fisheries and Oceans agreed by unanimous consent to the following: “That the Standing Committee on Fisheries and Oceans undertake a comprehensive study of fin fish aquaculture commencing in January 2000.”
The Constitutional Distribution of Powers
Section 91 of the Constitution Act, 1867, gives to the Parliament of Canada legislative authority over Seacoast and Inland Fisheries (12) and Navigation and
Shipping (10).
The Mandate and Role of Fisheries and Oceans Canada
The Department of Fisheries and Oceans was established by the Department of Fisheries and Oceans Act, which assigns to the Minister of Fisheries and Oceans responsibility for all matters over which Parliament has jurisdiction and which is not assigned to any other department, board, or agency of the Government of Canada relating to:
| • | Sea coast and inland fisheries; |
| • | Fishing and recreational harbours; |
| • | Hydrography and marine sciences; and |
| • | The coordination of the policies and programs of the Government of Canada respecting oceans. |
Subsection 40(1) of the Oceans Act assigns to the Minister of Fisheries and Oceans responsibility for all matters over which Parliament has jurisdiction, and which is not assigned to any other department, board, or agency of the Government of Canada, relating to the policies and programs of the Government of Canada respecting oceans.
Under subsection 40(2) of the Oceans Act the Minister’s role is to encourage the activities necessary to foster understanding, management and sustainable development of oceans and marine resources and the provision of coast guard and hydrographic services to ensure the facilitation of marine trade, commerce and safety in collaboration with other ministers of the Government of Canada.
Under the Department’s definition of its mandate, Fisheries and Oceans Canada is responsible for policies and programs in support of Canada’s economic, ecological and scientific interests in oceans and inland waters; for the conservation and sustainable utilization of Canada’s fisheries resources in marine and inland waters; for leading and facilitating federal policies and program on oceans; and for safe effective and environmentally sound marine services responsive to the needs of Canadians in a global economy.
The mandate of Fisheries and Oceans Canada requires it to protect and conserve wild fish and their habitat. The main legislative authority for this is found in the Fisheries Act. Sections 35 and 36 prohibit the harmful alteration, disruption or destruction (HADD) of fish habitat and the deposition of deleterious substances into waters frequented by fish.
With respect to aquaculture, legislative and regulatory responsibilities of Fisheries and Oceans Canada include:
| • | prevention of the harmful alteration, disruption or destruction of fish habitat and a prohibition on the deposition of deleterious substances (delegated to Environment Canada)(Fisheries Act); |
| • | authorizations to kill predators and operate acoustic deterrent devices (ADDs)(Marine Mammal Regulations and Fishery (General) Regulations (Fisheries Act)); |
| • | regulation of the importation of fish eggs into Canada and transfer across provincial boundaries (Fish Health Protection Regulations (Fisheries Act)); and |
| • | authorization, through the Canadian Coast Guard, of aquaculture facility plans where the facility is located in navigable waters or if improvements to the facility could impede navigation (Navigable Waters Protection Act); |
| • | management of the environmental assessment process (Canadian Environmental Assessment Act) protection when triggered by authorizations issued under HADD or the Navigable Waters Protection Act. |
The comparatively small size of our aquaculture industry is not commensurate with our potential, given that Canada has an abundance of natural resources ideally suited to the sector. In addition, Canadians have acquired internationally recognized technical and management expertise in the sector, and have developed state-of-the-art facilities for the production of high-quality cultured fish and seafood. Our geographic setting is also advantageous as we have easy access to the vast Pacific Rim and North American fish and seafood markets. If Canada can translate its significant advantages into industry growth, it has the potential to be a world leader in aquaculture.
Federal Aquaculture Development Strategy, 1995
Although Canada’s aquaculture industry has grown steadily, thus far it has not been able to fulfil its potential for development. In Canada, the rationale for developing aquaculture has focused not on the security of the food supply but on its economic benefits.
Canadians in rural communities on both coasts have been hard hit by the decline of important commercial stocks, which has caused massive job loss in the harvesting and processing sectors, as well as the loss of export revenues. This has created a strong incentive to find other suitable activities to replace lost jobs and economic activity in coastal regions. Aquaculture is an obvious opportunity, and the federal government has designated aquaculture development as a priority, as specified in the 1995 Federal Aquaculture Development Strategy and more recently in DFO’s Aquaculture Policy Framework, building on work begun in the seventies and eighties.
Nevertheless, not everyone supports the expansion of the aquaculture industry. Promoters of aquaculture, typically the private sector and the federal and provincial governments, are at odds with its critics, which include environmental groups, the traditional fish-harvesting sector and, on the West Coast, First Nations.
Despite recent federal policy initiatives, there is uncertainty about aquaculture’s place in relation to other marine and freshwater activities. Aquaculture is sometimes described as “the new kid on the block” or even the “orphan” of marine activities. There is no federal aquaculture act nor are there federal aquaculture regulations. Although Fisheries and Oceans Canada (DFO) has been designated as the lead agency for aquaculture, responsibility for aquaculture is distributed among 17 federal departments and agencies.
In the fall of 1999, the Standing Committee on Fisheries and Oceans decided to undertake a study on aquaculture in Canada that would examine issues focusing on the role of the federal government, the regulatory environment, and the potential environmental and ecological challenges posed by an expanded industry. The Committee began its hearings on aquaculture in Campbell River, British Columbia (B.C.) in February 2000 and concluded with hearings in May 2002 in Richmond, B.C. The Committee also held hearings in Nanaimo, Victoria, and Vancouver, B.C.; Bellingham, Washington State; St. Andrews, New Brunswick; Eastport, Maine; Eastern Passage, Nova Scotia; St Alban’s, Newfoundland; and Ottawa. In total, the Committee heard from more than 60 individuals and groups, several on more than one occasion.