Summary of the matter addressed in the submission:

The Submitters assert that Canada is failing to effectively enforce its environmental law and in particular, provisions of the federal Fisheries Act (the “Act”).

Section 35 of the Act prohibits “any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat” without valid authorization. In Submission SEM-12-001 (BC Salmon Farms), the Submitters assert that Canada has allowed more than 100 commercial salmon farms, or feedlots, to operate in coastal British Columbia. The Submitters assert that section 35 authorizations are required “because each salmon feedlot is responsible for creating a harmful alteration, disruption, or destruction of fish habitat.” The Submitters allege that such salmon farms are not, however, validly authorized.

Section 36 of the Act, among other things, prohibits the deposit of a “deleterious substance” in “water frequented by fish” unless such deposit is authorized by regulation. The Submitters assert that because of “the government’s failure to prohibit the use of the neurotoxic chemical, emamectin benzoate, used to treat infestations of sea lice, despite evidence that this substance is deleterious to natural fish habitat,” Canada is failing to enforce section 36 of the Act.

The Submitters assert generally, that as a result of the above-mentioned alleged failures to enforce sections 35 and 36 of the Fisheries Act, Canada is “exposing wild salmon to amplified levels of parasites such as sea lice, viral and bacterial diseases, toxic chemicals, and concentrated waste.”

Summary of the response provided by the Party:

Canada informed the Secretariat that two legal proceedings were underway in Canada and that continuing with the submission would result in duplication of and/or interference with these legal proceedings.

Names and citations of the environmental laws in question:

Sections 35 and 36 of the federal Fisheries Act

Submitter(s):

Center for Biological Diversity, the Pacific Coast Wild Salmon Society, the Kwikwasu’tinuxw Haxwa’mis First Nation, and the Pacific Coast Federation of Fishermen’s Associations

Submission Timeline

February 10, 2012

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

Submission - Submission authored by Submitter(s) on 07/02/2012

Annex - Other document authored by Individual or entity named in submission on 14/08/2011

Annex - Other document authored by Individual or entity named in submission on 29/12/2011

Annex - Other document authored by Individual or entity named in submission on 29/12/2011

February 13, 2012

The Submitters corrected the minor errors of form.

Other Documents - Other document authored by Canada on 03/02/2012

Submission - Submission authored by Submitter(s) on 07/02/2012

Other Documents - Other document authored by Submitter(s) on 13/02/2012

Other Documents - Other document authored by Submitter(s) on 13/02/2012

Other Documents - Other document authored by Individual or entity named in submission on 29/12/2011

Other Documents - Other document authored by Individual or entity named in submission on 14/08/2011

Other Documents - Other document authored by Individual or entity named in submission on 14/08/2011

Other Documents - Other document authored by Individual or entity named in submission on 29/12/2011

Other Documents - Other document authored by Individual or entity named in submission on 29/12/2011

Other Documents - Other document authored by Individual or entity named in submission on 31/12/2011

February 13, 2012

Under guideline 3.10, the Secretariat requested the submitter(s) to correct minor errors of form.

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 13/02/2012

February 15, 2012

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

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 15/02/2012

September 12, 2013

The Secretariat determined that the submission met the criteria of Article 14(1) and requested a response from the concerned government Party in accordance with Article 14(2).

Determination - Secretariat Determination under Article 14 (1) and 14 (2) authored by Secretariat on 12/09/2013

October 7, 2013

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 04/10/2013

Acknowledgement - Other document authored by Secretariat on 10/10/2013

Other Documents - Communication to Submitter(s) authored by Secretariat on 10/10/2013

November 4, 2013

The Secretariat requested additional information from the concerned government Party under Article 21(1)(b).

Secretariat Information Request - Other document authored by Submitter(s) on 04/11/2013

December 17, 2013

The Secretariat received the requested information from the concerned government Party.

Party Response - Additional information provided by Party under Article 21 (1)(b) authored by Canada on 17/12/2013

Acknowledgement - Other document authored by Secretariat on 18/12/2013

May 7, 2014

The Secretariat informed that the concerned Party’s response does not allow the Secretariat to conclude that the submission is the subject of a pending proceeding; therefore, the Secretariat is proceeding with its consideration whether the submission warrants the development of a factual record.

Notification - Other document authored by Secretariat on 07/05/2014

May 12, 2014

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 12/05/2014

May 30, 2014

The Secretariat received comments from Canada.

Other Documents - Other document authored by Canada on 30/05/2014

December 9, 2014

The Council voted not to instruct the Secretariat to prepare a factual record.

Resolution - Council decision concerning the development of a Factual Record authored by Council on 09/12/2014

Other Documents - Council decision concerning the development of a Factual Record authored by Council on 09/12/2014

Other Documents - Other document authored by United States on 09/12/2014