Summary of the matter addressed in the submission:
The Submitter alleges that «[t]he Government of Canada is failing to apply, comply with and enforce the habitat protection sections of the Fisheries Act and with CEAA (Canadian Environmental Assessment Act). In particular the Government of Canada is failing to apply, comply with and enforce Sections 35, 37 and 40 of the Fisheries Act, Section 5(1)(d) of CEAA and Schedule 1 Part 1 Item 6 of the Law List Regulations made pursuant to paragraphs 59(f) and (g) of CEAA.» According to the Submitter the Department of Fisheries released a Directive (Directive on the Issuance of Subsection 35(2) Authorizations) which creates «a decision making process which frustrates the intention of Parliament and usurps the role of CEAA as a planning and decision making tool.». The Submitter further alleges that «[t]here are very few prosecutions under the habitat provisions of the Fisheries Act and the prosecutions that do occur are very unevenly distributed across the country. In fact there has been a de facto abdication of legal responsibilities by the Government of Canada to the inland provinces. And the provinces have not done a good job of ensuring compliance with or enforcing the Fisheries Act.» According to the Submitter, «228 projects were reviewed by the Department of Fisheries and Oceans in the Central and Arctic Region (the Prairie Provinces, Ontario and the Northwest Territories), as of June 21, 1996. For these projects, 78 Letters of advice were issued. The other 150 projects listed were handled by providing advise to provincial or territorial agencies or to the permitting agency.»

The Secretariat acknowledged receipt of a submission and began a preliminary analysis of it under the guidelines.

Submission — Submission authored by Submitter(s) on 4/10/1997

The Secretariat began reviewing the submission under Article 14(1).

The Secretariat determined that the submission met the Article 14(1) criteria and the Secretariat began considering whether to request a response from the concerned government Party.

Determination — Secretariat Determination under Article 14 (1) authored by Secretariat on 23/01/1998

The Secretariat determined that the submission met the Article 14(2) criteria and requested a response from the concerned government Party.

Determination — Secretariat Determination under Article 14(2) authored by Secretariat on 8/05/1998

The Secretariat received a response from the concerned government Party and began considering whether to recommend a factual record.

Party Response — Response from the Party under Article 14 (3) authored by Canada on 13/07/1998

The Secretariat informed Council that the Secretariat considers that the submission warrants development of a factual record.

Recommendation — Secretariat Notification to Council under Article 15(1) authored by Secretariat on 19/07/1999

The Council voted to instruct the Secretariat to develop a Factual Record.

Resolution — Council decision concerning the development of a factual record authored by Council on 16/11/2001

The Council decided to defer voting on whether to instruct the Secretariat to prepare a factual record.

Resolution — Council decision concerning the development of a factual record authored by Council on 16/05/2000

The Secretariat placed a work plan on its web site or otherwise made it available to the public and stakeholders.

Workplan — Overall workplan for factual record authored by Secretariat on 14/12/2001

The Secretariat posted a request for information relevant to the factual record on its web site.

Secretariat Information Request — Document related to the preparation of a Factual record authored by Secretariat on 7/02/2002

The Secretariat submitted a draft factual record to Council, for a 45-day comment period on the accuracy of the draft.

The Secretariat received comments from Canada.

The Secretariat received comments from the United States.

The Secretariat submitted a final factual record to Council for Council's vote on whether to make the final factual record publicly available.

Council voted to instruct the Secretariat to make the final factual record publicly available.

Resolution — Council decision on whether the factual record will be made publicly available authored by Council on 7/08/2003

The final factual record was publicly released.

Final Factual Record — Final Factual Record authored by Secretariat on 27/06/2003