Fish and fish habitat: One-pager comparison: current system vs. system with proposed changes

No explicit reference to consideration of the rights of Indigenous peoples, Provided Indigenous traditional knowledge must inform habitat and their unique knowledge, to inform decision making

Provided Indigenous traditional knowledge must inform habitat decisions

Requirement to consider adverse effects of decisions on the rights of Indigenous peoples

Ability to enter into certain agreements restricted to provinces and territories only

Added ability to enter into agreements with Indigenous governing bodies as well as provinces and territories

No provisions regarding the independence of inshore licence holders

Provisions allowing for recognition of social, economic and cultural factors, as well as the preservation or promotion of the independence of licence holders in commercial inshore fisheries

Enabling regulations to support independent inshore licence holders

No tools to quickly implement in-season fisheries restrictions to address unforeseen conservation and management issues

Ability to put in place targeted short-term measures to quickly and effectively respond to unforeseen threats to the management of fisheries and to the conservation of fish

Uncertainty as to when authorizations are required for development projects

Clarity on which types of projects require authorizations through permitting and codes of practice

Lack of transparency regarding authorization decisions for projects; no requirement to publicly release information on these decisions

Requirement to publicly release information on project decisions through an online registry

No tools to address long-term marine conservation

Ability to create long-term area-based restrictions on fishing activities to protect marine biodiversity

No specific provisions to address whales in captivity

A prohibition on fishing cetaceans with intent to take them into captivity unless authorized by the Minister in circumstances where the animal is injured, in distress or in need of care

No legal requirements related to rebuilding fish stocks

Minister must consider whether stock rebuilding measures are in place when making a fisheries management decision that would impact a depleted stock

Enabling regulations respecting the rebuilding of fish stocks

Antiquated provision for the management offences under the Fisheries Act, often leading to costly and long court processes

Ability to address Fisheries Act offences outside of court using alternative measures agreements, which reduces costs and repeat offences

No provisions to restore degraded habitat as part of development project reviews

Provisions to consider restoration prioritizes as part of development project reviews

Insufficient capacity to enforce provisions under the Act

Enhanced enforcement and monitoring capacity on the water and for projects