May 15, 2018

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Ms. Bernadette Jordan Chair Standing Committee on Fisheries and Oceans Sixth Floor, 131 Queen Street House of Commons Ottawa, Ontario K1A 0A6 [email protected]

The Honourable Dominic LeBlanc Minister of Fisheries and Oceans, Government of Canada Minister’s Office, 200 Kent Street Station 15N100 Ottawa, Ontario, K1A 0E6 [email protected]

Subject: Review of the Fisheries Act

Madam Chair Minister Leblanc,

As you know, the Hunting, Fishing and Trapping Coordinating Committee (HFTCC) previously sent you comments and recommendations regarding the review of the Fisheries Act, dated November 9, 2016 and January 26, 2017. Following the February 6, 2018 tabling of Bill C-68 in Parliament, the HFTCC received a presentation on said bill from representatives of Fisheries and Oceans Canada on April 23, 2018.

On the whole, the HFTCC supports the proposed changes to the Fisheries Act as per Bill C-68, including the new considerations for decision-making, fish and fish habitat protection provisions, and the creation of a public registry. However, the HFTCC submits the following additional comments on Bill C-68, as concerns the territory defined by the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement (‘Territory’).

1- The HFTCC remains concerned about a gap in the oversight of proponent self- assessments. The HFTCC understands that a list of designated projects (Section 35.1 of the revised act) and a set of standards and codes of practice (Section 34.2 of the revised act) will be established following adoption of the bill. These tools will play an important

1080, Côte du Beaver Hall, bureau 1420, Montréal (Qc) H2Z 1S8 1 Téléphone : (514) 284-2151  Télécopieur : (514) 284-0039 www.cccpp-hftcc.com role in the application of the Fisheries Act. The HFTCC formally requests to be thoroughly consulted in the preparation of these tools.

2- Regarding the new provision enabling the establishment of advisory panels (Section 4.01 of the revised act), you are reminded that the HFTCC is the preferential and exclusive forum for the supervision of the Hunting, Fishing and Trapping Regime in the Territory. As such, any initiative to establish an advisory panel in relation to the Territory must be brought before the HFTCC.

3- The HFTCC supports the proposed modifications related to ecologically significant areas (ESA) (Section 35.2 of revised act) and the implementation of this new tool to protect sensitive, highly productive and rare or unique areas. The HFTCC requests to be kept informed of establishment of this tool and to be consulted on any proposed ESAs in the Territory.

4-In the event that significant amendments are requested by the Standing Committee on Fisheries and Oceans or the Senate, the HFTCC formally requests to be consulted on said amendments. This is of particular importance for any changes pertaining to elements that the HFTCC has provided recommendations on.

Sincerely,

Caroline Girard Chairperson

ENCL (2) c.c. Andréanne Demers, Senior Biologist, DFO

1080, Côte du Beaver Hall, bureau 1420, Montréal (Qc) H2Z 1S8 2 Téléphone : (514) 284-2151  Télécopieur : (514) 284-0039 www.cccpp-hftcc.com January 26, 2017

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The Honourable Dominic LeBlanc Minister of Fisheries and Oceans, Government of Canada Minister’s Office, 200 Kent Street Station 15N100 Ottawa, Ontario, K1A 0E6 [email protected]

Subject : Review of the Fisheries Act

As you know, the Hunting, Fishing and Trapping Coordinating Committee (HFTCC) was created by virtue of the James Bay and Northern Quebec Agreement (JBNQA). The HFTCC is an expert body composed of Cree, Inuit, Naskapi, federal and provincial representatives. It was created to administer the hunting, fishing and trapping regime created by Section 24 of the JBNQA and Section 15 of the Northeastern Quebec Agreement (NEQA) within the JBNQA/NEQA territory (‘Territory’). As a consultative body to responsible governments, the HFTCC is the exclusive and preferential forum in which Native and government parties jointly formulate regulations and supervise the administration and management of the hunting, fishing and trapping regime.

As follow up to our November 9, 2016 letter (attached) sent to the Standing Committee on Fisheries and Oceans and your office, the HFTCC offers further comments and recommendations on the ongoing review of the Fisheries Act (Act) by Fisheries and Oceans Canada (DFO). The HFTCC reiterates that we expect to be afforded the necessary time for full and meaningful consultation when draft legislative and regulatory amendments, as well as policy statements, are proposed.

Comments and Recommendations:

1- Should the DFO ultimately propose to maintain the focus on fisheries in Section 35 of the Act, the HFTCC comments that all waterbodies in the Territory with fish populations are, may have been, or may become, a Cree, Inuit or Naskapi fishery. The HFTCC recommends that the DFO consider this reality in the review of the Act as well as its future application.

The ‘Best practice guide for project proponents active in the James Bay Territory’ prepared by the James Bay Advisory Committee on the Environment and which is to

383, rue Saint-Jacques, bureau C-220, Montréal (Qc) H2Y 1N9 1 Téléphone : (514) 284-2151  Télécopieur : (514) 284-0039 www.cccpp-hftcc.com appear on the DFO website1, could serve as a model for Inuit and Naskapi territories. The HFTCC encourages the DFO to work with relevant Inuit and Naskapi bodies to develop such guides. At the very least, the DFO should highlight the reality of Inuit and Naskapi fisheries in all communication materials targeting project proponents.

2- The potential impact on Aboriginal fisheries is best assessed through meaningful consultation with affected Aboriginal communities. Furthermore, the planning, implementation as well as short and long term follow-up of mitigation measures in an authorized project must also be carried out through ongoing consultation. The HFTCC recommends that regulations, policies and mechanisms be put in place to ensure this.

3- The HFTCC recommends that the prohibition against harmful alteration, disruption or destruction of fish habitat (HADD) be restored.

4- The HFTCC recommends that the prohibition against killing fish by any means other than fishing be restored.

5- The HFTCC recommends maintaining the addition of ‘activity’ to Section 35 of the Act.

6- The HFTCC recommends that the definition of ‘serious harm to fish’ be amended to include any temporary alteration to fish habitat.

7- The self-assessment of projects raises concerns as to the ability of proponents to adequately carry them out. The HFTCC recommends that systematic oversight of proponent conducted self-assessments be incorporated into the Act and its application.

8- The HFTCC recommends the creation of a publicly accessible registry of all requests for review and authorizations relating to projects near water.

9- The HFTCC recommends that the DFO and Quebec provincial authorities delegated powers and roles under Article 4.1 of the Act improve their inspection and enforcement capacity, namely increased personnel in the field. The HFTCC further recommends the creation of specialized positions and corresponding training programs targeting Cree, Inuit and Naskapi to operate as inspectors, as they are the best placed and most knowledgeable individuals to monitor activities in their respective territories and any impacts on fish and fish habitat.

10- The HFTCC recommends that the Act incorporate the precautionary principle in project reviews, particularly as concerns long-term trends, cumulative impacts and climate change. Furthermore, anticipation of likely future climate change related impacts should figure into the review of projects. The HFTCC also recommends the DFO carry out or support research in the Territory in order to expand knowledge on these important issues.

1 ‘Projects near water’ webpage, http://www.dfo-mpo.gc.ca/pnw-ppe/index-eng.html. 383, rue Saint-Jacques, bureau C-220, Montréal (Qc) H2Y 1N9 2 Téléphone : (514) 284-2151  Télécopieur : (514) 284-0039 www.cccpp-hftcc.com Sincerely,

Yvon Boilard Chairperson c.c. Alain Guitard, Team Leader, Fisheries Protection, Regional Ecosystems Management Branch, DFO

383, rue Saint-Jacques, bureau C-220, Montréal (Qc) H2Y 1N9 3 Téléphone : (514) 284-2151  Télécopieur : (514) 284-0039 www.cccpp-hftcc.com November 9, 2016

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Scott Simms Chair Standing Committee on Fisheries and Oceans Sixth Floor, 131 Queen Street House of Commons Ottawa, Ontario K1A 0A6 [email protected]

The Honourable Dominic LeBlanc Minister of Fisheries and Oceans, Government of Canada Minister’s Office, 200 Kent Street Station 15N100 Ottawa, Ontario, K1A 0E6 [email protected]

Subject : Review of the Fisheries Act

Dear Sirs,

As you know, the Hunting, Fishing and Trapping Coordinating Committee (HFTCC) was created by virtue of the James Bay and Northern Quebec Agreement (JBNQA). The HFTCC is an expert body composed of Cree, Inuit, Naskapi, federal and provincial representatives. It was created to administer the hunting, fishing and trapping regime created by Section 24 of the JBNQA and Section 15 of the Northeastern Quebec Agreement (NEQA) within the JBNQA/NEQA territory (‘Territory’). As a consultative body to responsible governments, the HFTCC is the exclusive and preferential forum in which Native and government parties jointly formulate regulations and supervise the administration and management of the hunting, fishing and trapping regime.

The HFTCC recently received a presentation from the Quebec Regional Office of Fisheries and Oceans Canada (DFO) on the review of the 2012 changes to the Fisheries Act with a view to restoring lost protections and incorporating modern safeguards. The HFTCC offers its preliminary comments on the substance of this review further below.

As concerns the review process, though the HFTCC was aware of the DFO’s mandate to undertake this review in early 2016, the roll-out of the review occurred very quickly this fall and the proposed timeline is rather rushed. The consultation obligations arising from the JBNQA and 383, rue Saint-Jacques, bureau C-220, Montréal (Qc) H2Y 1N9 1 Téléphone : (514) 284-2151  Télécopieur : (514) 284-0039 www.cccpp-hftcc.com NEQA require that all regulations relating to the Territory’s hunting, fishing and trapping regime proposed by responsible governments be submitted to the HFTCC for advice before enactment (JBNQA, 24.4.26), that the responsible Federal Minister shall endeavor to respect the views and positions of the HFTCC (JBNQA, 24.4.36) and that in all cases where the responsible Minister modifies or decides not to act upon the recommendations of the HFTCC or decides to take new actions, he shall, before acting, consult with the HFTCC (JBNQA, 24.4.37). Consequently, the HFTCC expects to be afforded the necessary time for full and meaningful consultation. The HFTCC offers its preliminary comments to the Standing Committee on Fisheries and Oceans (FOPO) and the DFO, and formally requests audience before the FOPO, at which time the HFTCC will submit a brief with more detailed comments. The HFTCC further expects to be consulted by the DFO if and when draft legislative amendments are formulated.

HFTCC preliminary comments and recommendations :

- The self-assessment of projects raises concerns as to the ability of proponents to adequately carry out their project assessments. The HFTCC recommends that systematic oversight of proponent conducted self-assessments be incorporated into the Fisheries Act and that the DFO bolster its monitoring and enforcement capacity.

- The potential impact on Aboriginal fisheries is best assessed through meaningful consultation with affected Aboriginal communities. Furthermore, the planning, implementation and short and long term follow-up of mitigation measures in an authorized project must also be carried out through ongoing consultation. The HFTCC recommends that regulations, policies and mechanisms be put in place to ensure this.

- The HFTCC recommends that consideration of climate change related impacts contributing to fish habitat threats (e.g. increased sedimentation) be integrated in to the Fisheries Act in the context of project reviews. Furthermore, anticipation of likely future climate change related impacts should figure into the review of projects.

Sincerely,

Yvon Boilard Chairperson c.c. Mr. Alain Guitard, Team Leader, Fisheries Protection, Regional Ecosystems Management Branch, DFO

383, rue Saint-Jacques, bureau C-220, Montréal (Qc) H2Y 1N9 2 Téléphone : (514) 284-2151  Télécopieur : (514) 284-0039 www.cccpp-hftcc.com