Legal and Policy Alignment with the Principles of Just and Sustainable Small-Scale Fisheries in Newfoundland and Labrador, Canada

Abstract

Using Newfoundland and Labrador, Canada, as a case study, this chapter examines alignment between the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication (SSF Guidelines) and the laws and policies applying to small-scale fisheries in the province. We use interactive governance as an analytical lens to investigate opportunities to strengthen this alignment. Two central questions guide this analysis. First, how do the laws and policies in Newfoundland and Labrador align with principles and topics covered by the SSF Guidelines? Second, using insights from this analysis, what are the legal, policy, and practical opportunities for further alignment with the Guidelines to advance Blue Justice? Drawing on sources such as federal and provincial laws and policies and secondary literature, this analysis reveals that there is ample coverage of the SSF Guidelines in law and policy, but key opportunities exist for stronger alignment to enhance protections for small-scale fisheries. These areas of improvement include better integration of rights and assurances in legislation and policy frameworks, including distinct legal recognition and representation for the small-scale fishing fleet, and the introduction of secure access and tenure rights for small-scale fisheries.

Appendix I

1.1 Acts and Regulations

• Atlantic Fishery Regulations, 1985, SOR/86-21

• Canadian Bill of Rights S.C. 1960, c. 44

• Canadian Environmental Protection Act S.C. 1999, c. 33

• Coastal Fisheries Protection Act R.S.C., 1985, c. C-33

• Canadian Human Rights Act R.S.C., 1985, c. H-6

• Canadian Multiculturalism Act R.S.C., 1985, c. 24 (4th Supp.)

• Canadian Race Relations Foundation Act of 1991

• Canada Shipping Act S.C. 2001, c. 26

• Constitution Act, 1982

• Employment Equity Act S.C. 1995, c. 44

• Employment Insurance (Fishing) Regulations SOR/96-445

• Federal Accountability Act S.C. 2006, c. 9

• Federal Sustainable Development Act S.C. 2008, c. 33

• Fisheries Act R.S.C. 1985, c. F-14

• Fish Processing Licensing Board Act SNL 2004 Chapter F-12.01

• Fisheries Act, SNL 1995 Chapter F-12.1

• Fisheries Restructuring Act (1983) RSNL1990 F-14

• Fishing and Recreational Harbours Act R.S.C., 1985, c. F-24

• Fishing Industry Collective Bargaining Act RSNL 1990 Chapter F-18

• Human Rights Act SNL 2010 Chapter H-13.1

• Oceans Act S.C. 1996 c. 31

• Professional Fish Harvesters Act, SNL 1996, c P-26.1

• Species at Risk Act S.C. 2002, c. 29

• Transparency and Accountability Act, SNL 2004 Ch. T-8.1

1.2 Policies

• A Policy Framework for the Management of Fisheries on Canada’s Atlantic Coast (DFO 2004)

• Commercial Fisheries Licensing Policy for Eastern Canada (DFO 1996)

• Commercial Fisheries Licensing Policy for NL (DFO 1996)

• Eastport Marine Protected Area Policy (DFO 2005)

• Framework for Incorporating Climate Change into Public Infrastructure Planning (NL) (NL 2018)

• Professional Fish Harvesters Act (NL 1996)

• Fish Processing Licensing Board Policy Manual (2016)

• Framework and Guidelines for Implementing the Co-Management Approach (1999) Volume I-III

• Gender-based Analysis +

• Integrated Fisheries Management Plans

• Integrated Fisheries Management Plan, Snow Crab, NL Region (2021)

• Pan-Canadian Framework for Clean Growth and Climate Change (2018)

• Policy on Gender-Based Analysis Plus (GBA+): Applying an Intersectional Approach to Foster Inclusion and Address Inequities (DFO 2019)

• Sustainable Fisheries Framework (2009)

• The Way Forward (NL 2019)