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 21 June, 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 9/09/1996

Acknowledgement — Communication to Submitter(s) authored by Secretariat on 20/09/1996

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

The Secretariat notified the submitter(s) that the submission did not meet all of the Article 14(1) criteria and the submitter(s) had 30 days to provide the Secretariat with a revised submission that conforms with Article 14(1).

Determination — Secretariat Determination under Article 14 (1) authored by Secretariat on 1/10/1996

The Secretariat received a revised submission and began to analyze it.

Submission — Submission authored by Submitter(s) on 8/10/1996

Acknowledgement — Communication to Submitter(s) authored by Secretariat on 15/10/1996

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 18/10/1996

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 8/11/1996

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 10/01/1997

The Secretariat determined not to recommend the preparation of a factual record. Under guideline 9.6, the process was terminated.

Determination — Secretariat Determination under Article 15 (1) authored by Secretariat on 2/04/1997