Minister Garneau appearance at the Committee of the Whole on the 2019-2020 Supplementary Estimates A on December 9, 2019: Fisheries and Oceans Canada

The briefing materials from Department of Fisheries and Oceans provided to the Minister of Transport before his appearance before the Parliamentary Committee-of-the-Whole on December 9, 2019.

On this page

• Financial summary
• Critics biographies

Hot issues

• Marine conservation
• Trans Mountain Expansion Project
• Northern Pulp Nova Scotia’s Proposed Effluent Pipe in New Glasgow, Nova Scotia
• Oceans Protection Plan

Supplementary Estimates A

• Funding to advance reconciliation on Aboriginal rights and fisheries issues with Atlantic and British Columbia First Nations, and the Labrador Innu
• Funding for the Canadian Coast Guard’s fleet recapitalization projects
• Funding to strengthen environmental protections and address concerns raised by Indigenous groups regarding the Trans Mountain Expansion Project
• Funding to acquire an Offshore Fisheries Science Vessel
• Funding to meet international commitments under the Pacific Salmon Treaty
• Funding to implement a framework for Canadian Leadership on International Oceans
• Funding to implement the fish stocks provisions in the Fisheries Act (Fall Economic Statement 2018)
• Funding to develop the next generation of Coast Guard vessels
• Funding to protect the Southern Resident Killer Whale
• Funding for the Canadian Coast Guard icebreaker project
• Funding for an Inuit Impact and Benefit Agreement (This item received funding from Treasury Board Vote 5 - Government Contingencies)
• Funding for fiscal financing agreements related to comprehensive land claims and self-government agreements
• Funding to reduce plastic pollution

Financial summary: 2019-20 Supplementary Estimates (A)

• The $355.9 million in funding being sought through these Estimates will be spent on initiatives such as advancing reconciliation on Indigenous rights issues and fisheries, addressing Canadian Coast Guard fleet requirements, and strengthening environmental protections, and addressing issues regarding the Trans Mountain Expansion Project.

Advancing reconciliation on Indigenous rights issues and fisheries ($131.8 million)

• This funding is to implement reconciliation agreements with various Indigenous groups in both the Pacific and Atlantic regions. This includes funding to support enhanced fisheries governance, and the economic interests of First Nations through investments in fisheries.
• Also included in this funding is $75M for a legal settlement with the Heiltsuk First Nation.
• Addressing Indigenous fishing rights issues and interests is critical to achieving reconciliation. It is one of the key areas of Indigenous rights: culturally iconic, and a core element of the social fabric of many communities. It is also a primary economic driver and opportunity for self-sufficiency for many Indigenous groups.

Addressing the Canadian Coast Guard fleet requirements ($111.8 million)

• In order to address an aging Coast Guard fleet, the Department has sought additional funding for vessels such as an Offshore Fisheries Science vessel, Multi-purpose vessels and Arctic Offshore Patrol ships.
• Additionally, the Department is advancing design of the Mid-Shore Multi-Mission Vessel and developing the next generation of vessels through analytical, engineering and engagement work.

Strengthening environmental protections and addressing concerns regarding the Trans Mountain Expansion Project ($43.9 million)

• This funding will be used to facilitate the implementation of accommodation measures for the benefit of Indigenous communities and to support regulatory decision making.
• This will strengthen relationships with Indigenous communities and deliver on regulatory review responsibilities to support the implementation of the Trans Mountain Expansion Project.

Background

• The 2019-20 Supplementary Estimates (a), which represents the first 2019-20 supplementary estimates exercise, seeks parliamentary authority for revised spending levels, which includes thirteen (13) items for a net increase of $355.9 million, primarily related to the following:
• Advancing reconciliation on Indigenous rights issues and fisheries ($131.8 million)
  • The funding will be used to implement reconciliation agreements, including provision of fisheries access, vessels and gear; and, engage with Indigenous communities and stakeholders on fisheries policies.
  • Once final Reconciliation Agreements have been signed (Rights and Reconciliation Agreements on the east coast, and Recognition of Indigenous Rights and Self-Determination (RIRSD) on the west coast), funding may be transferred to the Nations, or to a Trust established by the Nations, for the purposes of obtaining access, vessels and gear.
  • Where the funding amounts for transfer to a Trust exceeds $10M, funding will remain in a frozen allotment. DFO must seek an additional authorization from Treasury Board to un-freeze these allotments before transferring this funding to Nations.
• CCG Fleet Recapitalization Projects ($72.1 million) and Offshore Fisheries Science vessel ($39.7 million)
  • Fleet Recapitalization
    • The Canadian Coast Guard is initiating three projects to begin rebuilding the Canadian Coast Guard fleet and to respond to immediate National Shipbuilding Strategy challenges and address urgent operational requirements. The projects include up to sixteen (16) Multi-Purpose Vessels; two (2) Arctic Offshore Patrol Ships; and, project approval to advance design of the Mid-Shore Multi-Mission Vessel.
  • Offshore Fisheries Science vessel
    • Canada is engaged in a strategic, long-term partnership with Vancouver Shipyards under the National Shipbuilding Strategy.
    • In the course of building the OFSV, the first class of ships constructed by VSY for the Canadian Coast Guard under the National Shipbuilding Strategy, VSY incurred indirect costs, including overhead costs, which were not recoverable under the original, fixed-price contract with Canada.
      • Under that contract, the amount of recoverable indirect costs was determined based on the number of labour hours. However, the number of labour hours required to build the OFSV was underestimated. This had an impact on the amount of indirect costs that VSY could recover.
    • Through subsequent negotiations, Canada has agreed to allow VSY to recover indirect costs properly attributable to the OFSV project.
• Strengthening environmental protections and addressing concerns regarding the Trans Mountain Expansion Project ($43.9 million)
  • This horizontal initiative seeks to implement accommodation measures to address outstanding concerns of Indigenous groups raised through the Government of Canada’s Phase III consultations on the Trans Mountain Expansion Project, respond to the National Energy Board’s conclusions and recommendations in its February 2019 Reconsideration Report, and execute a post-decision implementation strategy for the Project, while also supporting the Government’s broader Reconciliation agenda.
  • The measures address Indigenous groups’ concerns including potential Project-related impacts and potential cumulative effects related to the Project, other developments in the region, climate change, and other natural processes.
  • Many of the issues that have been raised relate to increased marine shipping in southern British Columbia and its impact on Indigenous marine resource harvesting, fisheries, on-water safety, archeological and spiritual sites, and the threat to Southern Resident Killer Whales. Indigenous groups have also expressed concern regarding the potential risk of marine oil spills and the sufficiency of the oil spill response regime.
• Supplementary Estimates (A) does not include the Department’s Budget 2019 items as these were included in the 2019-20 Main Estimates.
• Fisheries and Oceans is also presenting, for information purposes only, an increase of $8.5 million to its statutory forecasts related to employee benefit plans. this brings the total amount, presented in these Supplementary Estimates, to $364.4 million.

Table 53. Organization Summary (dollars) - Department of Fisheries and Oceans

Note: Additional details by organization are available on the Treasury Board Secretariat website.
	Authorities To Date	These Supplementary Estimates - Transfers	These Supplementary Estimates - Adjustments	Proposed Authorities To Date
Budgetary
Voted
1a Operating expenditures	1,784,287,411	0	209,489,626	1,993,777,037
5a Capital expenditures	1,067,886,491	0	68,279,286	1,136,165,777
10a Grants and contributions	297,946,191	0	78,124,005	376,070,196
15 Canadaʼs Marine Safety Response	1,570,572	0	0	1,570,572
20 Fisheries and Oceans Canada - Advancing Reconciliation	796,299	0	0	796,299
Total Voted	3,152,486,964	0	355,892,917	3,508,379,881
Total Statutory	157,200,436	0	8,512,917	165,713,353
Total Budgetary Expenditures	3,309,687,400	0	364,405,834	3,674,093,234

Table 54. Explanation of Requirements (dollars)

	Vote No.	Amount ($)
Budgetary
Voted Appropriations
Funding to advance reconciliation on Indigenous rights and fisheries issues (horizontal item)	Vote 1a	81,165,431
	Vote 10a	50,693,520
Total		131,858,951
Funding for the Canadian Coast Guardʼs fleet recapitalization projects	Vote 1a	17,181,943
	Vote 5a	54,870,420
Total		72,052,363
Funding to strengthen environmental protections and address concerns raised by Indigenous groups regarding the Trans Mountain Expansion Project	Vote 1a	17,759,766
	Vote 5a	3,900,000
	Vote 10a	22,187,485
Total		43,847,251
Funding to acquire an Offshore Fisheries Science Vessel	Vote 1a	39,753,261
Funding to meet international commitments under the Pacific Salmon Treaty	Vote 1a	12,089,854
	Vote 5a	2,700,000
	Vote 10a	1,743,000
Total		16,532,854
Funding to implement a framework for Canadian Leadership on International Oceans	Vote 1a	11,234,470
	Vote 5a	1,045,000
	Vote 10a	3,250,000
Total		15,529,470
Funding to implement the fish stocks provisions in the Fisheries Act (Fall Economic Statement 2018)	Vote 1a	13,115,450
Funding to develop the next generation of Coast Guard vessels	Vote 1a	9,552,687
Funding to protect the Southern Resident Killer Whale (horizontal item)	Vote 1a	6,061,684
	Vote 5a	1,115,500
	Vote 10a	50,000
Total		7,227,184
Funding for the Canadian Coast Guard icebreaker project	Vote 1a	129,037
	Vote 5a	4,539,366
Total		4,668,403
Funding for an Inuit Impact and Benefit Agreement (horizontal item)	Vote 1a	600,954
	Vote 5a	109,000
	Vote 10a	200,000
Total		909,954
Funding for fiscal financing agreements related to comprehensive land claims and self-government agreements (horizontal item)	Vote 1a	694,951
Funding to reduce plastic pollution (horizontal item)	Vote 1a	150,138
Total Voted Appropriations		355,892,917
Total Statutory Appropriations		8,512,917
Total Budgetary		364,405,834

Table 55. Listing of Transfer Payments (dollars)

	Estimates to Date	These Supplementary Estimates	Revised Estimates
Grants
Grants to support organizations associated with research, development, management, and promotion of fisheries and oceans-related issues	245,500	50,000	295,500
Contributions
Contributions to support Aboriginal Reconciliation Agreements	0	50,693,520	50,693,520
Contributions for Indigenous Participation in the Management of Fish and Fish Habitat	9,048,578	12,350,000	21,398,578
Contribution Program to Support the Nature Legacy for Canada through the Canada Nature Fund for Aquatic Species and Aquatic Habitat	14,634,898	5,000,000	19,634,898
Contributions For The Community Participation And Co-Development Program	0	4,250,000	4,250,000
Contributions to support organizations associated with research, development, management, and promotion of fisheries and oceans-related issues	487,487	2,950,000	3,437,487
Contributions under the Aboriginal Aquatic Resource and Oceans Management Program	18,713,799	1,743,000	20,456,799
Ocean and Freshwater Science Contribution Program	26,201,920	637,485	26,839,405
Oceans Management Contribution Program to Support Development and Implementation of Oceans Conservation and Management Activities	505,000	450,000	955,000

Table 56. Listing of Statutory Authorities - Budgetary - (dollars)

Budgetary	Authorities To Date	These Supplementary Estimates	Proposed Authorities
Contributions to employee benefit plans	157,112,736	8,512,917	165,625,653

Critics biographies

Mel Arnold (North Okanagan – Shuswap, British Columbia)

Conservative critic for Fisheries and Oceans and the Canadian Coast Guard

 

Mel Arnold was first elected on October 19, 2015.

Prior to being elected, Mel Arnold was owner and operator of a boat repair and detailing business. He volunteered for ten years with the BC Wildlife Federation, serving as President; volunteered for six years with the Canadian Wildlife Federation, serving as Governance Committee Chair; was appointed to the Provincial Species at Risk Task Force (2010); and, served on the City of Salmon Arm Environmental Advisory Committee for eight years.

In a statement following the announcement of his appointment as Shadow Minister for Fisheries, Oceans and the Canadian Coast Guard, the member highlighted that he will fight for the policies and resources required for Canada’s fish stocks, harvesters, and supply chains, as well as equipment and resources for the Canadian Coast Guard.

Activities during the 42^nd Parliament:

• Deputy Critic for Fisheries, Oceans and Canadian Coast Guard and Vice-Chair of the BC / Yukon Conservative Caucus;
• Member of the Standing House Committee on Fisheries and Oceans from January 29, 2016 to September 11, 2019; and,
• Introduced Bill C-347, An Act providing for the award of a Canadian Search and Rescue Voluntary Service Medal. At the time that the 42^nd Parliament was dissolved, the bill was awaiting the commencement of Second Reading debate in the House of Commons. The member may reintroduce this private members’ bill in the 43rd Parliament.

Areas of interest for the Department of Fisheries and Oceans:

• Third party habitat banking;
• Illegal, unreported, unregulated fisheries;
• Small Craft Harbours program;
• Impact and management of predatory species including striped bass and pinnipeds;
• Aquatic Invasive species and how funding is allocated; and,
• West coast salmon fisheries, recreational fisheries, and sport fishing industry in BC.

Marilène Gill (Manicouagan, Québec)

Bloc critic for Fisheries and Oceans and the Canadian Coast Guard

 

Marilène Gill was first elected on October 19, 2015.

In her professional career, she has served been a trade unionist, development officer, and coordinator of the Côte-Nord women's issue round table.

She is a former political attaché to Michel Guimond, who formerly served as a Member of Parliament and as Chief Whip of the Bloc Québécois.

The Lower North Shore, which includes 400 kilometers of coast, is in her riding.

Activities during the 42^nd Parliament:

• The member rose in the House of Commons to speak about Davie shipyard (shipbuilding contracts and job losses), rural and coastal economic diversification, the critical state of the wharf in La Romaine (now fixed), employment insurance for seasonal workers, and to speak against the Trans Mountain pipeline.

Areas of interest for the Department of Fisheries and Oceans:

• Shipbuilding contracts for Davie shipyard;
• Mercury contamination and impacts on fish from the Muskrat Falls project;
• Shellfish farms and impact of pollution on the industry;
• The rights of Indigenous peoples; and,
• Diversifying the economy in her riding which was hit hard by the moratorium on cod fishing in 1992 and on snow crab in 2003.

Gord Johns (Courtenay – Alberni, British Columbia)

NDP critic for Fisheries and Oceans and the Canadian Coast Guard

 

Gord Johns was first elected on October 19, 2015.

He ran his own natural clothing and ECO store and served on Tofino Council and was the Executive Director of the Tofino & District Chamber of Commerce.

In a statement following his re-appointment as Critic for Fisheries, Oceans and the Canadian Coast Guard, the member stated that his first priority is to ensure immediate and urgent federal actions to mitigate the Pacific wild salmon emergency. Further, in a tweet on November 29, 2019, the member called on the Honourable Bernadette Jordan to declare a Pacific wild salmon emergency.

Activities during the 42^nd Parliament:

• Fisheries Critic and Vice-Chair of the Standing House Committee on Fisheries and Oceans from March 20, 2019 to September 11, 2019;
• Put forward M-151, a motion that the government should work with the provinces, municipalities, and indigenous communities to develop a national strategy to combat plastic pollution in and around aquatic environments. The motion was agreed to on December 5, 2018; and
• Put forward M-78, a motion to address the widespread issue of seafood fraud and mislabelling in Canada. The motion was placed on the Notice Paper on June 12, 2019. The member may reintroduce this motion in the 43^rd Parliament.

Areas of interest for the Department of Fisheries and Oceans:

• Fulfillment of the 2009 B.C. Supreme Court decision on fishing rights for five Nuu-chah-nulth Nations;
• PRV and sea lice in salmon aquaculture (proponent of closed containment);
• SRKW and chinook salmon (including impacts of chinook fishery closures);
• Salmon enhancement, restoration, and habitat protection;
• Specific information on how funding is allocated under the OPP;
• Trans Mountain pipeline and increased risk of bitumen oil spills; and,
• Plastic debris and microplastics.

Hot issues: Marine conservation

Key messages

• Our Government recognizes the importance of protecting Canada’s marine and coastal areas – this is why we have exceeded our 2020 target of 10% ahead of the deadline.
• On August 1, 2019, the Tuvaijuittuq Marine Protected Area was designated under the Oceans Act , to bring the total marine and coastal areas conserved in Canada to 13.81%, up from just 1% in 2016.
• Our Government will work with our partners in the provinces and territories, Indigenous communities, and Canadians from coast to coast to coast to create a plan to increase marine protection to 25% by 2025, working toward 30% by 2030. We will also advocate for other countries to adopt a 30% target at upcoming negotiations of the United Nations Convention on Biological Diversity over the next year.

New Protection Standards

• Our Government recognizes the importance of protecting Canada’s marine and coastal areas – this is why we have exceeded our 2020 target of 10% ahead of the deadline.
• On August 1, 2019, the Tuvaijuittuq Marine Protected Area was designated under the Oceans Act , to bring the total marine and coastal areas conserved in Canada to 13.81%, up from just 1% in 2016.
• Our Government will work with our partners in the provinces and territories, Indigenous communities, and Canadians from coast to coast to coast to create a plan to increase marine protection to 25% by 2025, working toward 30% by 2030. We will also advocate for other countries to adopt a 30% target at upcoming negotiations of the United Nations Convention on Biological Diversity over the next year.

Eastern Shore Islands Area of Interest

• Our Government recognizes the importance of protecting Canada’s marine and coastal areas, such as the Eastern Shore Islands area, while supporting a healthy oceans economy.
• Next steps for this area include a third-party community assessment to collect and provide an objective assessment of issues and views on the proposed Marine Protected Area.

If pressed by industry

• Our approach is a balanced one, that will provide high levels of environmental protection while also recognizing and providing for the continuation of economic activities that are not harmful to conservation objectives.

Background information

Marine Conservation Targets

• In 2010, Canada agreed to marine conservation targets established under the Convention on Biological Diversity (CBD) to conserve 10% of coastal and marine areas through effectively managed networks of protected areas and other effective conservation measures (OECMs) by 2020. This is commonly referred to as Aichi Target 11. This commitment was reconfirmed in 2015 (United Nations General Assembly’s 2030 Agenda for Sustainable Development under Goal 14).
• Budget 2016 allocated $81.3 million over five years to Fisheries and Oceans Canada and Natural Resources Canada to support marine conservation activities. The Budget also allocated $42.4 million to the Parks Canada Agency and Natural Resources Canada to continue to develop National Parks and National Marine Conservation Areas.
• In the 2016 Joint Statement on Climate, Energy, and Arctic Leadership, Prime Minister Justin Trudeau and U.S. President Barack Obama reaffirmed their commitment to meet the global target of increasing the proportion of marine and coastal areas protected to 10 percent by 2020. They also committed to take concrete steps to substantially surpass these national goals in the coming years.
• Canada currently conserves 13.81% of marine and coastal areas, including 14 marine protected areas (MPAs) established by Fisheries and Oceans Canada under the Oceans Act. Additional Areas of Interest have been announced as being pursued for Oceans Act MPA designation (e.g., Offshore Pacific, Eastern Shore Islands, Southampton Island).

Conservation Networks

• The Oceans Act directs the Minister to lead and coordinate the development and implementation of a national network of MPAs, or conservation network, on behalf of the Government of Canada, and allows for the establishment of Oceans Act MPAs.
• A conservation network includes two distinct categories of measures – MPAs and other effective conservation measures (OECMs). MPAs include Oceans Act MPAs, National Marine Conservation Areas, marine National Wildlife Areas and marine portions of Migratory Bird Sanctuaries and National Wildlife Areas. OECMs currently include marine refuges. These areas work together to safeguard important ecological components of the ocean and marine biodiversity as a whole.
• Conservation network development is a strategic approach to reaching our biodiversity conservation goals and will be integrated into a marine spatial planning approach, to ensure that our marine ecosystems are sustainably managed and are able to support economic, social, and cultural objectives in addition to conservation objectives.

Other Effective Conservation Measures (OECMs)

• In 2016, Canada developed interim operational guidance for identifying OECMs based on recommendations provided through peer-reviewed science advice.
• Based on Canada’s interim guidance, Fisheries and Oceans Canada evaluated existing fisheries management measures and species at risk critical habitat. There are currently 59 measures that meet the criteria, representing about 283,394 km² or 4.93% of conserved marine territory in Canada.
• International criteria were finalized at the UN CBD’s Conference of the Parties (COP14) in November 2018, and DFO is currently adjusting its domestic OECM guidance to align with CBD guidance for Spring 2020.

Protection Standards

• On April 25, 2019, the Government announced protection standards in all new federal MPAs. These standards will help safeguard areas of our oceans that need protection from the potentially harmful effects of four key industrial activities: oil and gas activity, mining, dumping, and bottom trawling.
• The Government also announced a new protection standard for federal OECMs, in which a more flexible approach will be used. All activities in federal OECMs will continue to be assessed on a case-by-case basis to ensure that risks to the conservation objectives of the area have been avoided or mitigated effectively. Furthermore, if oil and gas extraction under a production licence begins in a federal OECM, the overlapping portion of the OECM would no longer contribute to meeting Canada’s international target.

Bill C-55/interim MPAs

• Bill C-55 received Royal Assent on May 27, 2019. It provides a new Ministerial Order power to establish an interim MPA for up to five years based on initial science and consultation. During this timeframe, additional science and consultation continue with a view to establishing the MPA over the long-term via Governor in Council regulations. The Ministerial Order provides short-term protection using a “freeze the footprint” approach to prohibit the allowance or authorization of new activities not authorized or legally occurring during the one year prior to the Ministerial Order coming into effect.
• The Government’s new protection standards for future Oceans Act MPAs only apply to MPAs established via Governor in Council regulations.
• Fisheries and Oceans Canada established the Tuvaijuittuq MPA in the High Arctic Basin using the new Ministerial Order power. Additional efforts are underway with the Qikiqtani Inuit Association and the Government of Nunavut to assess the feasibility of establishing long-term protection measures for the area.

Post-2020 targets and the United Nations Convention on Biological Diversity (UN CBD)

• The Department is developing a strategy to enhance marine conservation in Canada that aligns with the Liberal platform commitment to develop ‘an ambitious plan to conserve 25 per cent of Canada’s land and 25 per cent of Canada’s oceans by 2025, working toward 30 per cent in each by 2030’.
• These new targets for marine conservation are aligned with new global marine conservation targets that are an expected outcome of post-2020 target negotiations at the United Nations Convention on Biological Diversity (UN CBD) over the next year.
• Since 1992, the Convention on Biological Diversity (CBD) has provided Canada with a framework to protect its own biodiversity, supporting Canadian livelihood and wellbeing, as well as the opportunity to influence global biodiversity policy.
• With 196 States Parties, the CBD is one of the most influential international mechanisms to address biodiversity loss, including marine and coastal biodiversity, through global policy change and action.
• At the upcoming 15th Conference of the Parties (COP15) of the CBD, in October 2020, States Parties will adopt a new post-2020 Global Biodiversity Framework (GBF), including new biodiversity targets to replace the current 20 Aichi targets (2011-2020) that will guide global biodiversity conservation and sustainable use efforts towards 2030 and beyond to 2050.
• COP15 will provide Canada with the opportunity to influence new international policy on the sustainable use and harvest of marine resources and marine conservation.
• The majority of the marine elements of the CBD targets (with the notable exception of marine parks/conservation areas) will be implemented through DFO regulatory and legislative authorities.

Hot issue: Trans Mountain Expansion Project

Key messages

• On June 18, 2019 the Trans Mountain Expansion Project was approved subject to 156 conditions identified by the National Energy Board, now the Canada Energy Regulator.
• When we approved the project we also announced our intentions to build upon existing federal initiatives to respond to all 16 recommendations made by the Canada Energy Regulator to government.
• We have also approached consultations with Indigenous groups differently and are advancing eight accommodation measures that focus on building capacity and long-term relationships, marine safety, spill prevention, response capacity, cumulative effects, fish and fish habitat, and quieter vessels, as well as further terrestrial studies.
• My officials are committed to working with the Canada Energy Regulator, Indigenous groups, the proponent and other relevant parties to ensure that fish, marine mammals and their habitats are protected and that marine safety and oil spill preparedness and response services are maintained.

Southern Resident Killer Whale

• Our government is committed to the protection of Canada’s resident killer whales and to the recovery of these populations.
• We will continue to work in partnership with Indigenous peoples, key stakeholders, international partners and the province of British Columbia on immediate actions to reduce the impact of marine shipping and assist in the recovery of Southern Resident killer whale population.
• The Government has advanced initiatives to address the three key threats to the Southern Resident killer whale through the $1.59 billion Oceans Protection Plan, the $167.4 million Whales Initiative and $61.5 million in additional measures specific to the Southern Resident killer whale population.
• The Canada Energy Regulator made a recommendation to offset the increased underwater noise and strike risk posed to marine mammals and fish listed under the Species at Risk Act . The Government is currently implementing multiple initiatives in a comprehensive plan of action intended to more than offset the impacts of project-related traffic including vessel noise and strikes.

Background information

• The Trans Mountain Expansion Project (TMX) would expand the existing Trans Mountain pipeline system between Edmonton, AB and Burnaby, BC. It includes approximately 987 km of new pipeline, new and modified facilities, such as pump stations and tanks, and the reactivation of 193 km of existing pipeline. The Project includes an expansion of the Westridge Marine Terminal to accommodate 34 tankers per month, up from the 5 that are currently loaded at the existing terminal.
• On November 29, 2016, the Governor in Council (GIC) approved the TMX and issued an Order in Council approving the Project subject to 157 conditions identified by the National Energy Board (NEB; now the Canada Energy Regulator).
• In its review of the Project, the NEB found that there would be significant adverse effects related to increases in marine shipping assessed under the National Energy Board Act with respect to the Southern Resident killer whale (SRKW), Indigenous cultural use associated with the SRKW, and direct greenhouse gas emissions from marine vessels.
• DFO and CCG were intervenors in the NEB review and provided specialist and expert information for the construction and operation of the marine terminal, including potential impacts from increased marine shipping.
• On September 8, 2017, DFO issued the Fisheries Act authorization for construction of the marine terminal expansion. Although local Indigenous groups opposed the terminal expansion, a judicial review of the authorization was not filed.
• The NEB is responsible for reviewing proposed works, undertakings and activities at TMX watercourse crossings pursuant to a Memorandum of Understanding between DFO and the NEB on the cooperation and administration of the Fisheries Act and the Species at Risk Act.
• On May 29, 2018, the Government of Canada announced that it would buy the Trans Mountain pipeline and infrastructure related to the expansion project for $4.5 billion. The sale did not change the role of DFO in relation to the project.
• On August 30, 2018, the Federal Court of Appeal (FCA) quashed the GIC decision to approve the TMX Project. The Court found that Canada failed to fulfil the legal duty to consult Indigenous peoples but also that the NEB unjustifiably excluded project-related marine shipping in its review under the Canadian Environmental Assessment Act, 2012.
• In advance of the FCA decision, DFO had been working closely with the NEB on watercourse crossings where the NEB is of the view that works, undertakings or activities may cause serious harm to fish. Under the terms of our MOU, DFO remains responsible for issuing any authorizations under the Fisheries Act.
• In approving the project, the Government of Canada committed to mitigate the impact of additional TMX marine traffic (i.e. underwater vessel noise) before the project begins. DFO and Transport Canada have been working on the review and assessment of measures, including approaches proponents could take to be more active in the direct mitigation of underwater noise from project-related vessel traffic.
• On September 26, 2018, the NEB commenced a Reconsideration hearing to address marine shipping concerns raised in the Federal Court of Appeal decision. DFO and CCG were intervenors in the reconsideration process and provided expert specialist advice to the NEB related to our mandates, including aquatic species at risk and marine spill response. The Department responded to numerous requests for information from the NEB and other hearing participants throughout the hearing.
• On February 22, 2019, the NEB released its Reconsideration report. The Board determined that the Project is in the Canadian public interest and recommended the issuance of a Certificate of Public Convenience and Necessity, subject to 156 conditions imposed on the proponent.
• The Board reached similar conclusions from its initial report, finding that there would be significant adverse effects related to increases in marine shipping with respect to the SRKW, Indigenous cultural use associated with the SRKW and greenhouse gas emissions from project-related marine vessels.
• The Board made 16 recommendations to the GIC to avoid, mitigate or lessen effects of project-related marine shipping, the Board made these Recommendations to the GIC citing that the NEB does not have regulatory authority over marine shipping and the proponent does not have control of the vessels calling at the Westridge Marine Terminal.
• In Recommendation 5, the Board recommends that an Offset Program be implemented to offset the additional underwater noise and strike risk created by Project-related marine vessels. The Board concludes that the offset approach could bring the significant adverse effects finding on SRKW to a finding of non-significant if and when Project-related shipping effects have been effectively reduced to net-zero in each section of the shipping route.
• The GIC approved the Project on June 18, 2019. In approving the Project, the Government announced its intentions to address the 16 recommendations made by the Board, as well as eight new accommodation measures to address gaps identified by the FCA decision.
• DFO issued a Fisheries Act authorization for the expansion of the Westridge Marine Terminal on September 12, 2019.
• The Government is working with Indigenous communities to advance the development and implementation of accommodation measures and actions in response to the 16 recommendations.

Hot issue: Northern Pulp Nova Scotia’s Proposed Effluent Pipe in New Glasgow, Nova Scotia

Key messages

• Protecting our oceans and waterways while considering economic interests of coastal communities who rely on these industries for their livelihoods is a priority for our government.
• My Department is actively reviewing the Northern Pulp project and will continue to provide expertise in the provincial environmental assessment process.
• The regulatory role of my department is limited to assessing the physical impacts of the project on fish and fish habitat. My department will continue to work with provincial and federal authorities in addressing these concerns.

Background information

• The Northern Pulp Nova Scotia (NPNS) paper mill in Abercrombie Point, New Glasgow, Nova Scotia has been operational since 1967. However, in 2015, the provincial Boat Harbour Act was enacted, preventing the mill from using the existing provincial treatment facility past January 30, 2020. As a result, NPNS intends to install a new effluent treatment system that will involve the construction of a 15 km long pipeline to discharge the effluent into the Northumberland Strait at the mouth of Pictou Harbour, including a new submerged 4 km pipe and associated marine outfall.
• On March 29th, 2019, the provincial Minister of Environment released her environmental assessment (EA) decision that the EA was incomplete and the proponent was required to provide additional detailed information in the form of a focus report.
• The focus report was made public on October 2, 2019. The public had until November 8, 2019 to provide comments on the report.
• A Fisheries Act authorization will likely be required and the project will be reviewed under the Harmful Alteration, Disruption or Destruction of Fish Habitat (HADD) and the death of fish provisions.
• The Impact Assessment Agency of Canada (the Agency) has received numerous requests for the project to be designated for a federal environmental assessment and is in the process of reviewing the proposed project to determine whether to recommend a federal EA process. A decision is expected at the end of November 2019.
• The project is proposed to take place on federal lands; therefore, federal authorities will be required to make a determination as to whether the project is likely to cause significant environmental effects pursuant to Section 82 of the Impact Assessment Act. However, should the Agency determine the project is a designated project, it would be excluded from consideration under section 82.
• The proposal to discharge treated effluent into the Northumberland Strait has been controversial and there continues to be significant public outcry from the fishing and tourism industries, as well as environmentalists, politicians and celebrities.
• A factor to consider in the review of the Fisheries Act authorization application is the possibility that the marine portion of the effluent pipe construction will travel through, and discharge inside the Scallop Buffer Zone Marine Refuge, which is a fisheries closure that counts towards the marine conservation targets. This area is closed to scallop dragging to protect juvenile lobster, scallop, flounder and their habitat.
• Several Indigenous fishermen are opposed to the project and are concerned the pipeline would discharge effluent into lobster, herring, mackerel and rock crab fishing grounds. While Northern Pulp has stated the treated effluent will meet federal regulations for emissions, opponents claim there is a lack of scientific evidence regarding how the waste will affect the long-term health of the these fisheries.
• The current treatment facility uses Boat Harbour, an historically significant area to the Pictou Landing First Nation (PLFN), to finish the effluent treatment process, rendering the site unusable by the PLFN community.
• The Province of Nova Scotia has initiated consultations with PLFN for the new treatment facility. There have been several meetings to discuss the project and community concerns. Federal departments with a regulatory role have participated in some of those consultation meetings, but have not initiated formal consultations under the Terms of Reference for a Mi'kmaq-Nova Scotia Canada Consultation Process with the Assembly of Nova Scotia Mi’kmaq Chiefs.
• The federal government is required, under the Boat Harbour Settlement Agreement signed in 1993, to keep PLFN fully informed of any negotiation or discussions with NPNS. In keeping with this agreement, DFO and other federal departments continue to participate in meetings on the provincial EA with PLFN and will continue this through all aspects of the project including our regulatory process.
• Federal departments with a regulatory role (DFO, Transport Canada, Environment and Climate Change Canada (ECCC), Health Canada, Public Services and Procurement Canada, and Crown-Indigenous Relations and Northern Affairs Canada) have formed a working group to coordinate the federal Indigenous consultations for this project.
• The release of effluent from pulp mills is regulated by both Nova Scotia Environment (NSE) and ECCC; any questions related to the effluent should be directed to ECCC and NSE.

Hot issue: Oceans Protection Plan

Key messages

• At $1.5-billion over 5 years, the Oceans Protection Plan represents the largest investment in marine safety ever made by the Government of Canada.
• We partner with Indigenous and coastal communities to develop a world-leading marine safety system that meets the unique needs of Canada from coast-to-coast-to-coast.
• Among the many initiatives, we are investing in increasing our capacity in search and rescue, improving our environmental response capability and restoring our coasts by addressing ecosystem threats and biodiversity loss.

Indigenous Relationship

• The Government of Canada is committed to achieving reconciliation with Indigenous peoples through a renewed relationship on recognition of rights, respect, co-operation, and partnership as the foundation for transformative change.
• The Oceans Protection Plan emphasis on strengthening partnerships and building relationships with Indigenous communities through co-delivering and co-managing projects is an important contributor to this commitment and continues to create opportunities.

Background

• The Oceans Protection Plan (OPP), announced on November 7, 2016, is a $1.5-billion investment in the protection of Canada’s maritime environment along four main priority areas:
  • Creating a world-leading marine safety system;
  • Preserving and restoring marine ecosystems;
  • Strengthening partnerships with Indigenous communities; and,
  • Investing in oil spill response methods.
• Fisheries, Oceans and Canadian Coast Guard is responsible for $1.14 billion of the total investment in OPP.
• OPP is developing skills and creating enduring partnerships with Indigenous and coastal communities; investing to procure important equipment for marine safety and clean-up; and, applying scientific evidence, innovative technologies, and reflecting Indigenous knowledge to make our oceans safer, cleaner, and healthier.
• Some key OPP accomplishments to date are:

National

• Coastal Restoration Fund allocated funding to 63 projects on all three coasts worth over $70M supporting redevelopment of aquatic habitats and engaging Indigenous and community groups.
• Modernized 134 remote Marine Communications and Traffic Services (MCTS) sites – by providing better information on marine traffic to Coast Guard and partners, including Indigenous and Coastal communities.
• Announced $26.6 million in funding to help better understand noise pressures on marine mammals (such as the Southern Resident Killer Whale; the North Atlantic Right Whale, and the St. Lawrence Estuary Beluga).
• The Nairobi Convention has been implemented under the Vessels of Concern Initiative.

Western

• Inaugural Reconciliation Framework Agreement (RFA) for Bioregional Oceans Management and Protection in BC has been signed with 14 First Nations, and is already improving the governance, management, and protection of oceans in the Pacific North Coast, including marine ecosystems, marine resources and marine use activities.
• Enhanced emergency response capacity for improved marine safety:
  • Two leased Emergency Offshore Towing Vessels in BC.
  • A new Lifeboat station in Victoria, BC has been opened.
• Announced four new Coast Guard Stations to be established in British Columbia in the following areas: Victoria, Hartley Bay, Port Renfrew, and Nootka Sound (Tahsis).

Arctic

• Modern Hydrography and Charting in critical areas, such as the Arctic Northwest Passage, for improved navigation.
• The first Inshore Rescue Boat Station in the Arctic, in Rankin Inlet, NU – Crewed entirely by Inuit University students.
• Announced close to $1 million in funding for four Arctic Indigenous communities (Gjoa Haven, Cambridge Bay and Rankin Inlet, NU, and Ulukhaktok, NT) to buy Search And Rescue capable boats and related equipment.
• By increasing the presence of Coast Guard icebreakers in the North during the Arctic season, the OPP is expanding CCG’s capacity to facilitate, and safeguard, community resupply; to provide navigational assistance; and to provide communications/emergency support services in the region as needed.

Eastern

• Strengthening our search & rescue coordination and response capacity, and providing economic benefits in the region.
• Re-opened the Maritime Rescue Sub-Centre in St. John’s.
• Opened a new Lifeboat station in St. Anthony, NL.
• Search and Rescue stations are now open in Old Perlican and Twillingate, NL.

Funding to advance reconciliation on Aboriginal rights and fisheries issues with Atlantic and British Columbia First Nations, and the Labrador Innu

Key messages

• Advancing our nation-to-nation relationship with Indigenous peoples is a priority for our Government.
• That’s why we’re implementing recently negotiated agreements to ensure that those communities have access to the fisheries, vessels, and gear that they’re entitled to.

Background information

• Funding will be used to implement reconciliation agreements, including provision of fisheries access, vessels and gear; and, engage with Indigenous communities and stakeholders on fisheries policies.
• Once final Reconciliation Agreements have been signed (Rights and Reconciliation Agreements on the east coast, and Recognition of Indigenous Rights and Self-Determination (RIRSD) on the west coast), funding may be transferred to the Nations, or to a Trust established by the Nations, for the purposes of obtaining access, vessels and gear.

Funding for the Canadian Coast Guard’s fleet recapitalization projects

Key messages

• The Canadian Coast Guard protects mariners and Canada’s coastlines.
• To continue enabling this important agency, we’re rebuilding their fleet so that they can continue to fulfill their mandate and respond to emergency situations.

Background information

• The Canadian Coast Guard sought project approval and related authorities for three projects to begin rebuilding the Canadian Coast Guard fleet and to respond to immediate National Shipbuilding Strategy challenges and address urgent operational requirements. The projects include up to sixteen (16) Multi-Purpose Vessels; two (2) Arctic Offshore Patrol Ships; and, project approval to advance design of the Mid-Shore Multi-Mission Vessel.

Funding to strengthen environmental protections and address concerns raised by Indigenous groups regarding the Trans Mountain Expansion Project

Key messages

• We believe that a clean environment and a strong economy go hand in hand. That’s why we’re strengthening environmental protections around the Trans Mountain Expansion Project, requested by Indigenous communities.
• This will continue strengthening our relationship with Canada’s Indigenous peoples, while ensuring Canada’s environment remains clean and advancing economic opportunities in the country.

Background information

• The funding will be used to facilitate the implementation of accommodation measures for the benefit of Indigenous communities and to support regulatory decision making.
• This will strengthen relationships with Indigenous communities and delivering on regulatory review responsibilities to support the implementation of the Trans Mountain Expansion Project.

Funding to acquire an Offshore Fisheries Science Vessel

Key messages

• Our Government relies on strong science to underpin our policy decisions.
• We’re supporting our science capacity by acquiring Offshore Fisheries Science Vessels, which will provide a platform for important scientific research on the east and west coasts of Canada.

Background information

• The Offshore Fisheries Science Vessels (OFSVs) are the first ships to be acquired from Vancouver Shipyards under the National Shipbuilding Strategy Non-Combat Program. The ships will provide a platform for critical scientific research and ecosystem-based management on the east and west coasts of Canada. To support the ongoing construction of the Offshore Fisheries Science Vessels, the Canadian Coast Guard is seeking $39.7M.

Funding to meet international commitments under the Pacific Salmon Treaty

Key messages

• 2019 is the International year of the Salmon.
• To support Pacific salmon, we are working with our American counterparts to conserve, protect, and ensure the long-term sustainability of this important natural resource.

Background information

• The primary outcome and goal for Pacific Salmon Treaty (PST) between Canada and the United States (U.S.) is to conserve and protect Pacific salmon. This initiative covers a number of key Canadian interests related to Pacific salmon, including supporting the conservation and long-term sustainability of this important natural resource, as well as reconciliation objectives.

Funding to implement a framework for Canadian Leadership on International Oceans

Key messages

• Canada is a leader on the international stage.
• Continuing this trend, we will be implementing new initiatives improve global ocean health, productivity, and coastal resilience.
• These initiatives support the implementation of the G7 Charlevoix Blueprint for Healthy Oceans, Seas, and Resilient Coastal Communities.

Background information

• The funding will be used to implement a comprehensive framework for Canadian leadership on international oceans, which will improve global ocean health, productivity, and coastal resilience.
• The initiatives support the implementation of the G7 Charlevoix Blueprint for Healthy Oceans, Seas and Resilient Coastal Communities which outlines G7 Leaders’ commitments to develop and implement effective and innovative solutions to ocean challenges.

Funding to implement the fish stocks provisions in the Fisheries Act (Fall Economic Statement 2018)

Key messages

• Maintaining fish stocks at healthy levels and rebuilding depleted stocks are essential to the long-term economic viability of our fishing communities and the health of our oceans. That is why the Government of Canada is continuing to provide funding to support the implementation of the fish stocks provisions in the Fisheries Act.

Background information

• The overall goal of the initiative is to support the implementation of the Fish Stocks provisions of the Fisheries Act (as amended by Bill C-68). These include new legislative obligations to maintain fish stocks at sustainable levels and rebuild depleted stocks.
• The Science sector will support the overall goal by conducting additional and more frequent at-sea science surveys or other data collection activities; developing new stock assessments where none currently exist; and revising existing assessments in response to new data and understanding of biological and environmental processes.

Funding to develop the next generation of Coast Guard vessels

Key messages

• Our world is changing – from climate change to technological advancements. This means that how we provide services to Canadians can also change.
• With this in mind, we are ensuring that the Coast Guard is able to develop the next generation of vessels with their requirements for modern and efficient ships in mind.

Background information

• Funding will be used to continue the development of the next generation of vessels through analytical, engineering, and engagement work necessary to identify and validate Coast Guard requirements for modern and efficient ships, and to further advance the mandate commitment of Fleet Renewal. (Budget 2018)

Funding to protect the Southern Resident Killer Whale

Key messages

• The Canadian Coast Guard’s icebreakers are the heart of the fleet during winter months and are key to operations in the Canadian Arctic during the summer. The new icebreakers will replace the aging heavy and medium ships and will be capable of conducting year-round icebreaking operations. These ships will be key tools to support adaptation to climate change and will ensure that the Coast Guard can continue to deliver on its mandate, with a focus on the North.

Background information

• In July 2019, the Canadian Coast Guard sought expenditure authority and funding to advance the Program Icebreaker project. The new icebreakers will replace the aging heavy and medium icebreakers. The new Program Icebreaker class will be dedicated icebreakers capable of conducting year-round icebreaking operations and will be key tools supporting adaptation to climate change.
• In the Arctic, Program Icebreakers will deliver enhanced capabilities for icebreaking, providing emergency response and vessel escorts through ice. They will be capable of operating in the Arctic for longer periods each year and in more difficult ice conditions than Coast Guard’s current medium icebreakers.

Funding for the Canadian Coast Guard icebreaker project

Key messages

• The Canadian Coast Guard’s icebreakers are the heart of the fleet during winter months and are key to operations in the Canadian Arctic during the summer. The new icebreakers will replace the aging heavy and medium ships and will be capable of conducting year-round icebreaking operations. These ships will be key tools to support adaptation to climate change and will ensure that the Coast Guard can continue to deliver on its mandate, with a focus on the North.

Background information

• In July 2019, the Canadian Coast Guard sought expenditure authority and funding to advance the Program Icebreaker project. The new icebreakers will replace the aging heavy and medium icebreakers. The new Program Icebreaker class will be dedicated icebreakers capable of conducting year-round icebreaking operations and will be key tools supporting adaptation to climate change.
• In the Arctic, Program Icebreakers will deliver enhanced capabilities for icebreaking, providing emergency response and vessel escorts through ice. They will be capable of operating in the Arctic for longer periods each year and in more difficult ice conditions than Coast Guard’s current medium icebreakers.

Funding for an Inuit Impact and Benefit Agreement (This item received funding from Treasury Board Vote 5 - Government Contingencies)

Key messages

• As part of the Government’s efforts to continue on the path of reconciliation with Indigenous peoples, funding will be used for the construction of two small craft harbours in Clyde River and Arctic Bay. These efforts will provide safe access to the land and sea and will contribute to the economic development of communities in the High Arctic.

Background information

• The funding will be used for the construction of two small craft harbours in Clyde River and Arctic Bay as a necessary condition in order to obtain Qikigtani Inuit Association’s approval for the designation of the Tallurutiup Imanga National Marine Conservation Area and will contribute to the whole-of government commitment to indigenous reconciliation.
• It will also provide safe access to the land and sea and will contribute to the economic development of communities in the High Arctic and may spur the development of additional fisheries in the area.

Funding for fiscal financing agreements related to comprehensive land claims and self-government agreements

Key messages

• Additional actions toward reconciliation with Indigenous peoples includes funding that will support programs, services, and implementation of Treaty agreements with the Tsawwassen First Nation and Maa-Nulth First Nations, respectively.

Background information

• The funding will be used to meet DFO’s financial commitments under the First Nation Fiscal Financing Agreements.
• The funding will be used to support the delivery of agreed upon programs and services, as well as activities that contribute to implementation of the treaty.

Funding to reduce plastic pollution

Key messages

• The Government has committed to combating plastic waste in the environment. Under the umbrella of our Strategy on Zero Plastic Waste, these funds will support retrieval of abandoned, lost or discarded fishing gear in our oceans and waterways.

Background information

• The funding will be used to fund two distinct activities:
  • Expand abandoned, lost or otherwise discarded fishing gear (ALDFG) reporting requirements under the Fisheries Act & engage industry in collection efforts.
  • Equip Small Craft Harbours in coastal communities as port reception facilities for plastic waste and ghost fishing gear from aquatic sources.
• The outcome of this initiative is to reduce the amount of plastic waste ending up in aquatic environments.

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