Government is supposed to consult with agriculture groups in the future.
Ottawa—Provisions in a fisheries protection legislation that farm groups opposed because of their potential to disrupt crop production were dropped before the bill received final Parliamentary approval in June.
The government accepted amendments to the bill made by the Senate fisheries committee to remove clauses that could have led to puddles in farm fields being classed as fish habitat that farmers couldn't touch. The government also accepted changes recommended by farm groups that protected farm ditches and drains through exemptions.
The Canadian Cattlemen's Association, the Canadian Federation of Agriculture and Grain Growers of Canada all opposed those parts of the legislation, which is best known for phasing out whale, shark and dolphin captivity.
Now the groups will turn their attention to a Fisheries Department pledge to consult them within the next 12 months on any future habitat protection provisions that could affect farm operations.
Larry Thomas of the Canadian Cattlemen's Association, said the groups will focus on making sure they are fully consulted in those instances. CFA and GGC also approved the changes.
He said the provisions, added as a last minute opposition amendment when the bill first went through the Commons in 2018, would have designated “areas with the necessary water flow characteristics to sustain ecosystems of fish habitat to be fish habitat. This is the case even if there are no fish using the area for any life process. The expansion of fish habitat results in practically all water bodies being fish habitat or deemed fish habitat.”
The farm groups also want the regulatory burden on agriculture to be lessened through a streamlined approval process and exemption criteria for small and low risk activities.
Peter Harder, government leader in the Senate said the overly broad definition of fish habitat in the bill was removed while human-made agricultural waterways, which must still follow environmental codes of practice, will not be designated fish habitat. “With these proposed changes, the Government is balancing the needs of farmers with the need to protect fish.”
The farm groups said the original wording of the bill would have saddled farmers and government inspectors with a crippling regulatory burden gaining approval for drainage activities they have carried on for years.
With the prospects of more storms and heavy rain fall with climate change, the challenge facing producers would be even worse, they said.
Erin Gowriluk, GGC's executive director, said farmer-built drainage ditches, reservoirs and irrigation channels are “already subject to provincial regulations that protect water flow.” The bill would have prevented a grain farmer “from moving a drainage ditch or filling in a reservoir that is no longer needed even if there have never been fish in it.”
The government needs to work collaboratively with farm groups to develop codes and best practices, she said.
Frank Annau, CFA's environment and science advisor, said in the past the Fisheries Department had exempted farmers habitat regulations. The legislation didn't provide them even for small and routine farm projects.
“It is important to state that farmers are stewards of the land and aspire to leave a healthy farming environment for future generations,” he said.
Alex Binkley is a freelance journalist and writes for domestic and international publications about agriculture, food and transportation issues. He's also the author of two science fiction novels with more in the works.