“ORA respectfully offer our comments as prescribed in the Canada Gazette as listed above.
The proposed Regulations Establishing Conditions for Making Regulations under Subsection 36(5.2) of the Fisheries Act (Regulation) fundamentally alters the intent and enforceability of one of Canada’s most important federal laws. There has also been no meaningful, transparent and open process, or effort made to consult with the general public and stakeholders. As a result of the Government of Canada’s failure to consult with Canadians and those with expertise on this issue, both the Regulation and the supporting Regulatory Impact Analysis Statement are seriously flawed.
The sweeping changes to the Fisheries Act which were introduced in 2012 have weakened one of Canada’s most important and effective water and fisheries protection laws. This has provided opportunities for government to exempt industrial and resource development from federal rules.
The proposed Regulation lacks clarity and consistency, and amounts to an abdication of its federal responsibly for protecting fish, habitat and waterways in Canada. The contradictory regulatory scheme would make it impossible for any government regulator to fulfill the purpose of the Act, which is to “provide for the sustainability and ongoing productivity of commercial, recreational and Aboriginal fisheries”…..