Order Amending the Order Designating the Minister of the Environment as the Minister Responsible for the Administration and Enforcement of Subsections 36(3) to (6) of the Fisheries Act: SI/2020-48

Canada Gazette, Part II, Volume 154, Number 14

Registration

SI/2020-48 July 8, 2020

FISHERIES ACT

P.C. 2020-499 June 25, 2020

Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans and the Minister of the Environment, pursuant to section 43.2 ^{footnote a} of the Fisheries Act ^{footnote b}, makes the annexed Order Amending the Order Designating the Minister of the Environment as the Minister Responsible for the Administration and Enforcement of Subsections 36(3) to (6) of the Fisheries Act.

Order Amending the Order Designating the Minister of the Environment as the Minister Responsible for the Administration and Enforcement of Subsections 36(3) to (6) of the Fisheries Act

Amendments

1 (1) Paragraph 3(a) of the Order Designating the Minister of the Environment as the Minister Responsible for the Administration and Enforcement of Subsections 36(3) to (6) of the Fisheries Act ^{footnote 1} is replaced by the following:

• (a) section 2.4;
• (a.1) paragraphs 2.5(a), (c) to (g) and (i);
• (a.2) subsection 4.01(1);
• (a.3) subsections 4.1(1) and (3) to (8);

(2) Paragraph 3(e) of the Order is replaced by the following:

• (e) paragraph 37(1)(b) and subsections 37(2) to (6);

(3) Section 3 of the Order is amended by adding the following after paragraph (h):

• (h.1) section 42.2;
• (h.2) paragraphs 42.3(1)(a) and (c), subsection 42.3(2) and paragraph 42.3(4)(b);
• (h.3) sections 42.4 and 42.5;
• (h.4) paragraph 43(1)(j.1);
• (h.5) subsection 56.1(1);
• (h.6) subsections 61.1(1) to (3) and (5) to (8);
• (h.7) subsections 61.2(1) and (2.1) to (5);

(4) Section 3 of the Order is amended by adding the following after paragraph (i):

• (i.1) subsection 71.01(2);

(5) Section 3 of the Order is amended by adding the following after paragraph (o):

• (o.1) section 79.61;

(6) Section 3 of the Order is amended by adding the following after paragraph (p):

• (p.1) paragraph 86.2(1)(c);
• (p.2) paragraph 86.4(1)(a);
• (p.3) subsections 86.6(1) and (6);
• (p.4) subsection 86.8(1);
• (p.5) subsection 86.92(1);
• (p.6) sections 86.94 and 86.95;

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

The proposal would update the Order Designating the Minister of the Environment as the Minister Responsible for the Administration and Enforcement of Subsections 36(3) to (6) of the Fisheries Act (the Designation Order) by amending it to reflect the June 2019 amendments to the Fisheries Act.

Amendments to the Designation Order include the deletion and renumbering of existing references to provisions and the addition of new provisions within the Fisheries Act related to respecting reconciliation with Indigenous communities, improved consultation with Canadians, transparency and environmental stewardship.

On June 21, 2019, Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, received royal assent. Consideration of these amendments necessitated a review of the Designation Order. As a result of the June 2019 amendments made to the Fisheries Act, some changes are required to the Designation Order.

Objective

The objective of these changes is to allow the Minister of the Environment to continue to act independently of the Minister of Fisheries and Oceans to fulfill his or her roles and responsibilities under the Fisheries Act. However, the changes to the Designation Order do not change the allocation of responsibilities between the Minister of Fisheries and Oceans and the Minister of the Environment respectively, established in 2014.

Background

In March 2014, the Governor in Council made an Order in Council under Section 43.2 of the Fisheries Act that provided for the formal designation of the Minister of the Environment as the Minister responsible for administration and enforcement of subsections 36(3) to (6) of the Fisheries Act. These responsibilities are for all purposes and subject matters, except the following purposes and subject matters that are the responsibility of the Minister of Fisheries and Oceans:

• any construction, operation, modification and decommissioning of, and other activity in relation to, an aquaculture facility, and any resulting effects of those activities on the waters frequented by fish; and
• the control or eradication of any aquatic invasive species or aquatic species that constitute a pest to the fisheries.

In addition, the Designation Order identifies those provisions of the Fisheries Act where a reference to the Minister is a reference to the Minister of the Environment for the purposes of administering and enforcing subsections 36(3) to (6) of the Fisheries Act, for the purposes and in relation to the subject matters set out in the Order.

Implications

Certain provisions of the Fisheries Act have changed and been renumbered creating a misalignment between the intended division of roles and responsibilities of both the Minister of the Environment and the Minister of Fisheries and Oceans and the current Order.

In addition, certain provisions added to the Fisheries Act need to be reflected in the Designation Order in order to provide the Minister of the Environment with the authority to implement his or her roles and responsibilities in accordance with the goals of the Fisheries Act as amended.

These amendments to the Designation Order do not change respected allocation of roles and responsibilities to each Minister as established in the original Order made in 2014.

Given that the new provisions which will be incorporated into the Designation Order are currently managed by the Department of Fisheries and Oceans, it is not expected that this will have financial implications for the Government of Canada.

Consultation

No external consultations were completed, the amendments constitute an update to the administration of the existing division of roles and responsibilities between the Minister of Fisheries and Oceans and the Minister of Environment and do not add new authorities to the Fisheries Act.

Departmental contact

Matthew Street
Senior Policy Analyst
Forest Products and Fisheries Act Division
Environment and Climate Change Canada
Telephone: 819‑420‑7806
Email: Matthew.Street@canada.ca