Decapitating the Fisheries Act by removing the HADD: A Critique of the Rationale
Written by: Arlene Kwasniak and William Donahue
Decision considered: Federal government proposal to remove habitat protection from the Fisheries Act.
The federal government of Canada proposes to remove the habitat protection provisions of the Fisheries Act RSC 2000, c F-14, s 35. Countless Canadians have vigorously spoken out against this proposal because removing these provisions would be a critical and fundamental change not only to federal legislative approach, but also to the management, protection, and well-being of fisheries in Canada.
The federal government’s proposed change is questionable for three reasons. One, as the federal government has exclusive constitutional authority over inland and coastal fisheries it would be unconscionable to remove the habitat protection provisions from the Fisheries Act. Two, the evidence shows that the habitat provisions of the Fisheries Act have not posed significant economic barriers to development. Three, we already have the legal tools to assure an appropriate level of regulatory requirements with respect to project applications that will impact Canada’s fisheries.
