Furthering Harper’s Stealth Agenda, the Pipeline Agency is Grabbing the Fisheries File

Prime Minister Harper’s squeezing of environmental protections continues in its characteristic drip, drip fashion. In the latest example the National Energy Board, responsible for the approval of pipelines, is poised to assume some powers to protect fish and fish habitat, from Oceans and Fisheries Canada in accordance with a Memorandum of Understanding posted on the NEB website.

Graffiti and iceLimiting the regulatory agencies overseeing a project might seem like a admirable move towards increased efficiency that will no doubt please the proponents of energy projects, but it raises serious questions about whether the NEB has the resources and willpower, unsullied by conflicting agendas, to responsibly protect the fish that get in the way of energy projects.

The Harper government talks relentlessly about balancing the budget and lowering taxes—that’s what  we got when the Conservatives won their majority, with 38% of the popular vote. What the government hasn’t admitted to is its assault on science and the weakening of environmental protections, which trundle along behind its cosseting of the oil sands sector. The closing and consolidated of the science libraries, the muzzling of scientists, the abandonment of the Experimental Lakes Area, the cancelling of the long-form census: this pileup suggests that the Conservative government is quietly suppressing, reducing and sidelining evidence-based, science-based challenges to its economic hegemony. This is part of Harper’s stealth agenda.

The Memorandum of Understanding, dated December 16, 2013, states that (for now) DFO retains responsibility for issuing permits under the Fisheries Act (permits that allow parties to undertake an activity that results in serious harm to fish) until such time as the two departmental bodies “propose regulations that would prescribe the NEB as a person or entity who would be authorized to issue Fisheries Authorizations.”

It’s an open question whether, as a result of departmental cuts, a greatly truncated DFO could ramp up a robust defense of fish and fish habitat that unfortunately find themselves in the path of an energy project. How less likely would the NEB be to do so, given the agency’s very different mandate.

The NEB is a quasi-judicial body that conducts hearings and issues rulings, enforceable by law, regarding pipelines, energy projects and trade. Its jurisdiction stretches over 71,000 Km of pipelines and 1,400 Km of international power lines. Fifty environmental, social-economic, land and engagement specialists carry out the NEB mandate that stretches over the NEB Act, the Canadian Environmental Assessment Act, 2012, the Canada Labour Code and the Canadian Standards Association for occupational safety. They also work with the Transportation Safety Board for accident investigations. And soon they’ll be getting the fisheries file to look after.

But just how deep can their expertise possibly be?

It looks like the government has sacrificed expertise on the altar of expediency. The guiding principles behind the NEB/DFO Memorandum include directives “to facilitate effective and efficient use of government resources in order that regulatory decisions are made in a timely manner by applying a one-project one-review approach; and to promote clarity and consistency of the regulatory process.”

But should the inevitable conflicts between development and the environment be buried in one over-stretched, Medusa-headed federal agency?

tracksOurs is a big country with a lot of water around and in it. DFO has, or had 10,000 employees. According to a secret document released under an Access to Information Request, DFO is facing cuts of $96.5M by 2015 affecting coast guard search and rescue; ice-breaker services; libraries; marine communication, rescue boats; buoy tending; species-at-risk Atlantic salmon production facilities; biodiversity and fish hatcheries; conservation and protection offices; lifeboat services; control surveillance; funding for the Northwest and Nunavut Territories; Arctic ports; the Experimental Lakes Area;  the Atlantic Lobster Sustainability Measures Program; the At-Sea Observer Program; the restructuring of habitat and ecosystem management; and finally, contaminant research especially the elimination of in-house research programs on the biological effects of contaminants, pesticides, oil, gas and diluted bitumen. This will be replaced with a small advisory group.

Some of these concerns are moving to other agencies. In other cases changed circumstances justify these cuts—a 90% drop in the number of serious cases of non-compliance by foreign fishing vessels since 2005 for example.  But in other respects, the DFO budget should be increased in acknowledgement of stepped up marine traffic, technological changes, climate change impacts, and extended shipping seasons. These increased demands on DFO’s services were noted in briefing notes to DFO Deputy Minister Matthew King as quoted in a PostMedia News article by Mike De Souza.

Harper’s slash and burn approach is compounded adversely by changes to the Fisheries Act that were buried inside the 2012 omnibus budget. These eliminated DFO’s responsibility to protect all fish and their habitat and replaced it with a mandate to protect fish that serve some recreational, commercial or Aboriginal purpose. (You can imagine how the federal government might find this jurisdictional vacuum useful when developing the vast remote pristine regions of the Arctic, where there are bound to be  some fish that don’t serve any one’s interests.)

DFO does not deliver frontline services to Harper’s tax-paying base. In the short term the DFO cuts are visible only to those people directly involved in Canada’s waters and to conscientious environment watchers. But Canadians are responsible for about 23% of the world’s fresh water, and we’re bordered by three oceans. We are a marine country that requires a lot of looking-after and we’re not getting  it.

Sources for this blog are noted below.

Memorandum of Understanding between the National Energy Board and Fisheries and Oceans Canada for Cooperation and Administration of the Fisheries Act and the Species at Risk Act Related to Regulating Energy Infrastructure http://www.neb-one.gc.ca/clf-nsi/rpblctn/ctsndrgltn/mmrndmndrstndng/fshrscnscnd2013_12_16-eng.html

NEB begins slow takeover of DFO’s Fisheries Act Powers, ipolitic http://www.ipolitics.ca/2014/01/06/neb-begins-slow-takeover-of-dfos-fisheries-act-powers/

DFO Cuts http://www.scribd.com/doc/194092303/DFO-cuts

Harper Cutting More than 100 Million Related to Protection of Water, by Mike de Souza, PostMedia News http://www.canada.com/Harper+government+cutting+more+than+million+related+protection+water/9328179/story.html

Changes to the Fisheries Act, June 29, 2012 http://www.dfo-mpo.gc.ca/pnw-ppe/changes-changements/index-eng.html

2012-2013 Departmental Performance Report, Fisheries and Oceans Canada http://www.dfo-mpo.gc.ca/dpr-rmr/2012-13/dpr-rmr-eng.html

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