Canadians called for strong legislation that protects our fish and fish habitat for future generations. In extensive consultations, we heard from thousands of people, including Indigenous peoples from across the country, who asked for strong, fair and clear legislation that sustains our environment and protects our oceans and water bodies. A healthy and thriving fishing sector is of vital importance to our economy. While protecting fish and fish habitat was a key focus for this legislation, we also looked at changes to support the sustainability of Canada’s marine resources for generations to come. On February 6, 2018, we introduced proposed amendments to restore lost protections and incorporate modern safeguards into the Fisheries Act. On June 21, 2019 the new Fisheries Act received royal assent and became law. The new provisions and stronger protections will better support the sustainability of Canada’s marine resources for future generations.
Description BEFORE proposed amendments Protection for commercial, recreational or Aboriginal fisheries
Uncertainty around requirements for development projects
No provisions referencing the independence of inshore fishers
No provisions specifically designed to protect marine biodiversity
No provisions to include Indigenous participation in decision making
No provisions to restore degraded habitat and rebuild fish stocks AFTER proposed amendments Protection for all fish and fish habitat
Clearer permitting for development projects
New ability to enshrine inshore policies into regulations
Better ability to protect biodiversity for the long-term
Indigenous traditional knowledge provided must inform habitat decisions
Increased focus on habitat restoration and rebuilding fish stocks
Changes made to the Fisheries Act in 2012 challenged our ability to protect fish and fish habitat.
Canadians, including Indigenous peoples as well as industry and environmental groups, expressed concerns with these changes and how they were made and implemented.
As part of the Government of Canada’s Review of Environmental and Regulatory Processes, we committed to reviewing the 2012 changes to the Act. We looked at how to:
The new Fisheries Act improves the protection of our fisheries and their ecosystems. The Act:
Before 2012, the Fisheries Act provided broad protection for fish and fish habitat throughout Canada. In 2012, changes were made so that only fish and habitat related to a commercial, recreational or Aboriginal fishery were protected.
The modernized Fisheries Act sees lost protections restored, resulting in full protection for all fish and fish habitat.
The modernized Act also includes new, modern safeguards, making it stronger than ever.
| Before Bill C-68 | New Fisheries Act |
|---|---|
| No explicit reference to consideration of the rights of Indigenous peoples and their unique knowledge to inform decision making | Provided Indigenous traditional knowledge must inform habitat decisions |
Requirement to consider adverse effects of decisions on the rights of Indigenous peoples
To support the measures aimed at creating full transparency for project decisions, DFO has made available an online Fisheries Act (FA) Registry that contains the Fisheries Act authorizations and includes additional features, such as a searchable geospatial dataset.
While royal assent of Bill C-68 means the modernized Fisheries Act now becomes law, there are still some steps ahead for the Act to be fully implemented.
Provisions within the Act for the protection of fish and fish habitat will officially come into force in the coming months.
