Update to Fisheries Act Minister Designation

Summary#

This is the final Order (registration SI/2020-48, published July 8, 2020) that updates the existing designation of who enforces parts of the Fisheries Act. It adjusts which numbered provisions are treated as falling under the Minister of the Environment so the designation reflects changes made to the Act by Bill C-68 (which received royal assent on June 21, 2019). The change is presented as an update — not a change to who has overall responsibility.

What it does#

• Updates the existing Order Amending the Order Designating the Minister of the Environment as the Minister Responsible for the Administration and Enforcement of Subsections 36(3) to (6) of the Fisheries Act so its list of referenced provisions matches the revised Fisheries Act after the 2019 amendments.
• Adds newly numbered or new provisions that were created or renumbered by Bill C-68 so the Minister of the Environment can administer and enforce the same habitat-protection powers that the Order intended.
• Removes or replaces references that no longer match the Act’s text due to renumbering.
• Does not alter the original split of roles between the ministers (it keeps the exceptions reserved for the Department of Fisheries and Oceans).

Who's affected#

• Environment and Climate Change Canada — will continue to be the designated minister for enforcing subsections about fish habitat (subsections 36(3) to 36(6)) and needs the updated list of provisions to carry out that role.
• Department of Fisheries and Oceans — keeps its existing, limited responsibilities (for example, aquaculture facility activities and invasive-aquatic-species control).
• Fisheries, habitat protection, and environmental staff in both departments and anyone who interacts with them (consultants, project proponents, environmental groups) may notice the administrative update.
• It is unclear whether individual members of the public will notice direct changes; the order is mainly an internal update to how the law is referenced and applied.

Why it matters#

• The amendment makes the legal references line up with the amended Fisheries Act, so the Minister of the Environment can continue enforcing habitat-protection rules without gaps caused by renumbering.
• It supports the practical carrying-out of aims introduced in Bill C-68, such as provisions touching on reconciliation with Indigenous communities, consultation, transparency and stewardship, by ensuring those new provisions are referenced where relevant.
• For most people and businesses, this is an administrative change with no new regulatory requirements or new costs.