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Tab C – Overviews

Machinery of Government
The role of the Minister and the Department within the broader machinery of government

Purpose

To provide an overview of key Government of Canada machinery relevant to your role as the Minister of Fisheries, Oceans, and the Canadian Coast Guard.

Government by Cabinet

About Cabinet

How Cabinet Works

Ministers’ Roles

How does DFO support you at Cabinet?

The Department prepares your Cabinet documents and briefing material on items being presented to Cabinet and Committee meetings you attend, including departmental considerations and speaking points, when relevant.

Memoranda to Cabinet

MCs are the key decision-making documents for Cabinet. An MC is developed when a Minister seeks a Cabinet decision (i.e. secure policy authorities, new fiscal resources, or new legislation). MCs are brought forward by individual Ministers, or by several ministers working together.

  1. Department develops MC
  2. Departmental approvals
  3. Minister’s signature
  4. Submission to PCO
  5. Cabinet

Ministers typically bring forward MCs when they wish to:

How does DFO support you in developing MCs?

The Department works with your office and other parts of the government to develop options for addressing the policy issue or problem, and outlines key considerations. Advice provided by the public service is confidential and protected by Cabinet Confidence.

Central Agencies (see Annex) play a key role in making sure MCs are high quality (including MC format). They brief the PM, Minister of Finance, and President of the Treasury Board on all proposals. PCO also briefs the Chair of each Cabinet committee.

Ministers typically present MCs to a Cabinet committee for focused discussion. Then the MC moves to full Cabinet for ratification.

MCs provide policy approval for a given initiative. However, MCs do not provide funding, nor can they be used to make machinery of government decisions (e.g., create a new department).

Machinery of Government decisions are the exclusive purview of the PM.

Funding decisions are made by the PM and the Minister of Finance in the context of the annual Budget exercise or through an Off-Cycle Request.

Legislative Development Process

The Cabinet Stage

  1. Proposed government policy
  2. Informal and ad hoc review and consultation
  3. Preparation of Memorandum to Cabinet
  4. Cabinet committee considers the Memorandum to Cabinet and prepares a report
  5. Cabinet ratifies the committee’s report
  6. Department of Justice drafters prepare the bill
  7. The bill is reviewed by the minister of the sponsoring department and by the Government House Leader
  8. Notice of intent from Government House Leader to introduce bill in Parliament

The Parliamentary Stage

  1. Introduction and first reading
  2. Second reading
  3. Committee stage
  4. Report stage
  5. Third reading
    • When the bill passes these 5 steps in the House of Commons or Senate, it goes to the other chamber
    • When the bill passes these 5 steps in the second chamber, it is almost law
    • When the bill receives Royal Assent, it becomes law

How does DFO support you in developing legislation?

The Department will support you through the entire legislative process by: securing policy authority (drafting MC); prepare legislation based on the MC’s drafting instructions with the Department of Justice; preparing materials for use in explaining the bill to parliamentarians; supporting your introduction and presentation of the bills through Parliamentary Committees.

Governor in Council and Ministerial Regulations

Governments use regulations, which are laws, in combination with other instruments to achieve public policy objectives. The Treasury Board Committee (Governor in Council, (GiC)), ministers, and administrative agencies are given the authority to make regulations through legislation passed by Parliament. The Department utilizes two types of regulations: GiC and Ministerial.

Policy Development

Proposed Regulations Canada Gazette, Part I

Final Regulations Canada Gazette, Part II

*Required for GIC Regulations. For Ministerial regulations, approval by the Minister is required.

Legislation and regulations are linked:

How does DFO support you in developing regulations?

The Department develops regulatory proposals, engages stakeholders on the proposed regulatory approaches, and collaborates with the Department of Justice to draft legal text.

Parliamentary Appearances

How does DFO support you?

The Department coordinates your appearances at committees and develops briefing materials for you and your officials.

Question Period/Written Questions/Petitions

How does DFO support you?

The Department provides information for your use in question period and works with your office to provide responses to written questions and petitions.

Parliamentary Secretary

Appointments

The Minister of Fisheries, Oceans and the Canadian Coast Guard is responsible for 124 appointments to 31 organizations:

  1. Notice of Appointment Opportunity
  2. Competitive Selection Process
  3. Candidate Evaluation
  4. Recommendation of Candidate(s)
  5. Appointment(s) made by Minister or GiC

Governor in Council Appointments (current process)

  1. Notice of Appointment Opportunity is developed with Privy Council Office (PCO) and approved by the Minister
  2. Competitive advertised selection process administered by a Selection Committee comprised of representatives from PCO, the Prime Minister’s Office, the Minister’s Office, and the Department
  3. Selection Committee provides an Advice Letter to the Minister with a roster of qualified candidates
  4. Minister recommends candidate(s) for appointment to the GiC through an Order in Council (OiC)
  5. Cabinet approval of OiC

Ministerial Discretionary Appointments (current process)

  1. Notice of Appointment Opportunity is developed
  2. Competitive advertised selection process is administered
  3. Department provides an assessment of candidates and recommends candidate(s) for appointment
  4. Ministerial approval of appointment

Exemptions from a competitive process are permitted for positions reserved for departmental representatives; provincial and territorial representatives; and, Indigenous representatives.

How does DFO support you?

The Department designs the Notice of Appointment Opportunity, guides the selection process, and provides highly qualified candidates for your consideration.

The Budget Cycle

The annual Budget outlines planned government spending, expected revenue, and forecasts economic conditions for the upcoming year.

It is an opportunity for the government to demonstrate concrete actions on its commitments.
To respond to unforeseen and extraordinary circumstances, funding proposals can be submitted to the Prime Minister and Minister of Finance outside of the annual Budget process as off-cycle funding requests.

The Government also usually has a Fall Economic Statement.

  1. Minister of Finance submits a letter to Ministers requesting proposals to be considered for inclusion in the next Budget
  2. Ministers respond to the letter with proposals
  3. Minister of Finance and Prime Minister decide which proposals will be included in the Budget
  4. The Budget is tabled in Parliament and a public announcement is made by the Minister of Finance
  5. The Budget Implementation Act is tabled. This is used to implement certain provisions of the Budget after it is tabled in Parliament
  6. Main Estimates are tabled. These outline the resources required by each department and agency for the upcoming fiscal year
  7. Supplementary estimates are tabled, which outline incremental funds for initiatives not sufficiently developed in time for the Main Estimates, as well as additional authorities being sought

How does DFO support you?

The Department works with your office and Finance Canada to develop proposals for your consideration. You can then choose from these proposals when responding to the Minister of Finance.            

Treasury Board (TB) Submissions

TB is a Cabinet committee that reviews and approves proposals related to spending, personnel, procurement, transfer payments, IT projects, and regulations. TB is comprised of the President of the Treasury Board, the Minister of Finance, and 4 additional cabinet Ministers.
Treasury Board Submissions are official Cabinet documents seeking specific authorities or approvals from TB.

How does DFO support you?

The Department works with Treasury Board Secretariat to ensure that proposals are well-substantiated, sustainable, and aligned with the Department’s mandate. Typically Ministers do not present proposals to TB.

Main and Supplementary Estimates

Main estimates provide a breakdown, by department and agency, of planned government spending for the coming fiscal year.

Supplementary estimates present information to Parliament on the Government’s spending requirements that were not sufficiently developed in time for inclusion in the main estimates.

Parliamentary Approval

Funding cannot flow until Parliament grants its approval of the Estimates by passing the related Appropriation Bill. Once Parliamentary Approval is obtained, the organization can begin to spend money approved for the new initiative.

How does DFO support you?

The Department works with the Treasury Board Secretariat to ensure that the information included in the Estimates aligns with Treasury Board approved authorities.

Annex: Central Agencies

Privy Council Office (PCO)

Department of Finance (FIN)

Treasury Board of Canada Secretariat (TBS)

Financial Outlook

Fall 2021

Overview

DFO is a highly decentralized department composed of approximately 13,000 public servants across the country.

Key initiatives for 2021-22

Fish Harvesters Benefit: Funding provides immediate assistance to harvesters affected by COVID-19 through increased liquidity and much needed upfront capital to ensure that operations can begin, or continue, in the 2021 fishing season ($141M in 2021-22 only).

Indigenous program funding: Funding has been received for the provision of fisheries access, vessels and gear, and funds to support government and Indigenous capacity to co-develop and implement reconciliation agreements ($182M over 10 years beginning in 2020-21and $99M for remaining years from 2030-31 to 2044-45).

Coast Guard fleet recapitalization: Coast Guard fleet recapitalization: In addition to the funding received to recapitalize the fleet, the Department has also secured important funding for interim measures required to maintain current service levels until new vessels are delivered (four interim icebreakers in addition to $2.1B between 2020-21 and 2051-52 to prolong the life of existing vessels).

Budget 2021

Budget 2021 provided DFO / CCG with a number of significant investments across a range of departmental business lines.

DFO Investments

Budget 2021 also committed $12.2B over 24 years to ensure the completion of the full renewal
of the Coast Guard fleet.

Annexes

Total Planned Authorities

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Description
  • 2011-12 to 2019-20 authorities represent year-end authorities, as per Public Accounts
  • Does not reflect renewal of some temporary programs

Some funding initiatives are time-limited and subject to future funding decisions. Initiatives such as the Fish Harvesters Benefit Program, Modernization of the Fisheries Act and the Program Icebreaker project will see a decrease to their funding profiles in the next few years, resulting in a return to more normal authority levels for DFO.

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Description

Resources – Aligning to results

  • Marine operations and response 37%
  • Fisheries 35%
  • Marine navigation 8%
  • Aquatic ecosystems 8%
  • Internal services 6%
  • Real property 6%

Vote 1 – Planned Operating

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Description
  • Does not reflect renewal of some temporary programs

Salary makes up approximately 57 per cent of operating spending.

With fluctuating funding profiles and ending of temporary programs over the next two to three years, HR planning is critical to ensure there is no impact on the Department’s ability to deliver.

With DFO having one of the largest asset bases in the Government, close to 55 per cent of non-salary spending in 2021-22 is planned on professional or special services and about 18 per cent on repairs and maintenance primarily to support the asset base.

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Description

Resources – by standard object

  • Professional and special services 55%
  • Purchased repair and maintenance 18%
  • Utilities, materials and supplies 12%
  • Transportation and communications 9%
  • Rentals 3%
  • Other subsidies and payments 3%

Vote 5 – Planned Capital

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Description
  • A-Base authorities refer to the department’s permanent/ongoing funding, while B-Base authorities reflect temporary funding sources.
  • Does not reflect renewal of some temporary programs

Total capital authorities of $1,155.7M are anticipated for 2021-22.

Over 89 per cent of DFO’s capital budget is for investments in the Coast Guard fleet, small craft harbours and real property portfolio.

DFO received a significant influx in funding to invest in key assets over the last three years (e.g., Coast Guard fleet renewal, Comprehensive Review, small craft harbours, Oceans Protection Plan).

Coast Guard fleet renewal remains at the forefront of our priorities. Since 2005, approximately $40.0B in fleet investments have been committed in the fiscal framework.

DFO is in the process of adopting an accrual budgeting initiative, based on the asset lifecycle replacement methodology.  This will provide predictable capital funding and ensure the proper support of its asset portfolio.

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Description

Resources – capital by asset type

  • CCG – Fleet 73%
  • CCG – Operations 9%
  • Ecosystems and oceans science 1%
  • Small craft harbours 5%
  • Fisheries and harbours management (excl. SMH) 0%
  • Real property 11%
  • Information technology 0%
  • Other 1%

Vote 10 – Planned Grants and Contributions

see description below
Description
  • A-Base authorities refer to the department’s permanent/ongoing funding, while B-Base authorities reflect temporary funding sources.
  • Does not reflect renewal of some temporary programs

Total Grants and Contributions anticipated authorities for 2021-22 are $1,173.4M

Authorities have increased significantly since 2019-20, largely due to funding for Reconciliation Agreements. This funding will begin to level off in 2022-23.

Temporary funding sources make up a large portion of the new funding.  Notable programs funded in this way include the Trans-Mountain Pipeline, the support of self-employed fish harvesters affected by COVID-19, and Reconciliation Agreements.

Grants represent approximately 12 per cent of the total Vote 10 authorities for 2021-22, of which the large majority is attributed to payments for Fish Harvesters in Canada affected by COVID-19.

Based on our 2021-22 Main Estimates, the Department has 20 Transfer Payment Programs – with the largest recipients consisting of Indigenous organizations, associations focused on conservation and research organizations.

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Description
  • G&C by recipient type
  • Indigenous 48%
  • Conservation 21%
  • Coast Guard support 4%
  • Research 22%
  • Port authority 2%
  • Other 3%

Overview of DFO and CCG Regions

DFO Administrative Regions

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Text version

The Arctic Region is inclusive of the Yukon North slope, Northwest Territories, Nunavut, Nunavik, Nunatsiavut, and Hudson and James Bay. This boundary is inclusive of Inuit Nunangat.

The Pacific Region consists of British-Columbia and Yukon, minus the Yukon slope.

The Ontario and Prairie Region consists of Ontario, Manitoba, Saskatchewan and Alberta.

The Quebec Region consists of Quebec, minus the Nunavik region in northern Quebec.

The Gulf Region extends from the New Brunswick-Quebec border to the northern tip of Cape Breton.

The Maritimes Region extends from the northern tip of Cape Breton to the New Brunswick-Maine border

The Newfoundland and Labrador Region consists of Newfoundland and Labrador, minus the Nunatsiavut region in Labrador.

DFO – Newfoundland and Labrador (NL) Region

Regional HQ & Lab Facilities

Three Area Offices

18 Conservation & Protection (C&P) detachments and satellite offices.
Key Priorities:

The region has 742 employees and an operating budget of $118.6 million. Responsibilities include part of the Gulf of St. Lawrence and three international boundaries: Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area; Saint-Pierre et Miquelon (France); and, Greenland.

DFO – Maritimes Region

Regional HQ

Three Area Offices

Two Research Institutes

+ 19 C&P sites, two biodiversity facilities.

Key Priorities:

The region has approximately 990 employees and an operating budget of $94.5 million. It accounts for 43% of the total landed value of Canada’s commercial fisheries.

DFO – Gulf Region

Regional HQ

Three Area Offices

Three Research Facilities

+ 8 C&P Detachments & 11 Sub-detachments

Key Priorities:

The region has 556 employees and an operating budget of $70.7 million. It has one of the country’s most productive marine areas with 30 commercially fished species.

DFO – Quebec Region (QC)

Regional HQ

Three Area Offices

+five district offices in Côte-Nord and Gaspésie

One Research Institute

Key Priorities:

The region has 588 employees and an operating budget of $93.0M It manages the Quebec Fisheries Fund.

DFO – Ontario and Prairie Region

Regional Offices

Local Offices

Three Research Institutes

Key Priorities:

The region has 600 employees, located in four provinces, with a focus on protecting aquatic biodiversity in the south.

DFO –Arctic Region

Regional HQ

Additional Offices

The region consists of the Yukon North Slope, Northwest Territories, Nunavut, Nunavik, Nunatsiavut, and Hudson and James Bay

Key Priorities:

The region has 85 employees and an operating budget of $15 M - both expected to more than double in the coming year*. Staff in the NWT, Nunavut, and the south. Strong push for additional offices in Nunavik and Nunatsiavut.

*Permanent on-going funding and FTEs are being sought to support the full implementation of the Arctic Region and deliver on commitments.

DFO – Pacific Region

Regional HQ

Four Area Offices

Three Research Institutes

Key Priorities:

The region has 1,750 employees, an operating budget of $261.3 million, a capital budget of $69.6 million and a grants and contributions budget of $94.5 million. It manages the BC Salmon Restoration & Innovation Fund and the Salmon Enhancement Program.

Coast Guard – Atlantic Region

Regional Office

The region spans NB, NS, PEI, and NL, with a Search and Rescue (SAR) zone extending halfway across the Atlantic.

Key Priorities:

The region has 2,125 employees and an operating budget of $278 million.

Regional Assets:

Coast Guard – Central

Regional Office

The region currently covers the five Great Lakes and their connecting channels, as well as the St.
Lawrence River to the Gulf of St. Lawrence.

Key Priorities:

Source: Central Region Five Year Plan

The region has approximately 1,610 employees and an operating budget of $185
million.

Regional Assets:

Coast Guard –Western Region

Regional Office

The region spans the entire BC coastline, and includes Lake Winnipeg in Manitoba; the region continues to support operations on the Mackenzie River in conjunction with the Arctic Region.

Key Priorities:

The region has 1,370 employees and an operating budget of $152 million for fiscal year 2021/22 ($20 million designated for OPP). It sees 53 per cent of all marine communications and traffic services (MCTS) in Canada and an annual average of 3000 SAR cases, 1200 pollution cases, with the reviewing of 200 VOC cases last year.

Regional Assets:

Coast Guard –Arctic Region

Regional Office

The region consists of the Yukon North Slope, Northwest Territories, Nunavut, Nunavik, Nunatsiavut, and Hudson and James Bay. Seasonal operations are provided for the Mackenzie River, NWT.

Program and services including SAR preparedness and Environmental Response activities are led from the Arctic Region.

Key Priorities:

The geographical boundaries for the Arctic Region were announced on March 5, 2021 and includes all of Inuit Nunangat. The region has ~102 employees, and an operating budget of $23.5M. Increasing capacity and employment opportunities in the region continues to be a key priority.

Regional Assets:

Crown-Indigenous Relationship Overview

Purpose

Aboriginal and Treaty rights are the foundation of the Government’s relationship with Indigenous peoples and give rise to duties and responsibilities that must be upheld

“The existing Aboriginal and Treaty rights of the Aboriginal peoples of Canada are hereby recognized and affirmed”
-Section 35(1) of the Constitution Act, 1982

Aboriginal and treaty rights are:

Section 35 rights arise from traditional use or occupation of lands and resources.

Aboriginal and treaty rights may be set out or clarified in court decisions.

Aboriginal and treaty rights may be set out in historic or modern treaties (Annex A and B).

Note: Government of Canada guidance recommends the use of "Aboriginal" when referring to matters in the context of Section 35 of the Constitution Act, 1982.

Government is subject to the constitutional duty to consult and accommodate, and the requirement to justify any infringements of rights.

Duty to consult

Where the Crown contemplates conduct that might have an adverse impact on established or potential Aboriginal or treaty rights, it has a legal duty to consult with those Indigenous groups who hold (or potentially hold) those rights, and, where appropriate, accommodate their interests or concerns.

Duty to justify infringements of rights

 Where legislation, its implementation or other government action infringes an Aboriginal or treaty right, the infringement must be justified in accordance with the test set out by the Supreme Court of Canada.

DFO has important relationships with Indigenous peoples that have been shaped by court decisions and treaty obligations

The Minister of Fisheries and Oceans is responsible for:

Fisheries in Canada are…

Spotlight: Coast Guard

The CCG works in partnership with Indigenous coastal communities to ensure marine safety. In particular, some Indigenous communities play a key role in the Coast Guard Auxiliary by responding to emergencies in their local waters.

Court Decisions:

Treaty Obligations:

See Annexes A and B for more information on historic and modern treaties

Foundational Court Decisions related to Fisheries

Canadian courts have found key Aboriginal rights related to fisheries.

Right to fish for food, social and ceremonial purposes

Right to fish for commercial purposes (in specific circumstances)

DFO’s relationships with Indigenous peoples have changed over time and have a strong regional and operational dimension

From a relationship built on responding to rights recognized through court decisions related to fisheries…

… to proactively building relationships that enable the expression of rights and interests across an array of activities.

North:

West:

East:

Inland:

The department has a range of tools to support renewed relationships and partnerships

Indigenous programs Includes a range of programs such as the Atlantic, Pacific, and Northern Integrated Fisheries Initiatives and the new Indigenous Habitat Protection Program.

Policy and legislation encompasses legislative reviews, policy initiatives, and specific decisions that may affect Aboriginal and Treaty rights and interests.

Treaty negotiations generally address issues such as Food, Social and Ceremonial
(FSC); commercial fisheries; and, oceans management.

Non-Treaty negotiations Includes tools such as self-determination discussions and agreements; Incremental Treaty Agreements; and, litigation- related negotiations.

Engagement / consultation touches on fisheries management plans and activities; marine safety and emergency response; science; fisheries and habitat protection; and, marine use planning.

Key areas of work moving forward

Spotlight: Expectations from Indigenous People

DFO is seeking to deliver results in the context of high expectations from Indigenous Peoples for increased and diversified economic opportunities and a greater role in decision-making and management activities, including:

Annex A

Map of “Historic Treaties” (pre-1975)

Annex B

Map of Comprehensive Land Claim Agreements and Self-Government Agreements (“Modern Treaties”)

Provincial and Territorial Relationship Overview

Federal Roles and Responsibilities

The Constitution Act, 1867 establishes the division of federal and provincial powers. Unlike many resource-based federal departments, Fisheries and Oceans Canada manages a resource that falls largely under federal jurisdiction.

Federal jurisdiction

Coast Guard services are within the exclusive jurisdiction of Parliament.

Provincial and Territorial Responsibilities

Aquaculture Management in Canada

Your department engages both bilaterally and multilaterally with key provincial and territorial partners

While DFO engages most often with the departments shown here, we also work with other departments on cross- cutting environmental, natural resources, agriculture and agri-food, or transportation issues.

Your Bilateral Engagement: targeted and responsive to regional issues and founded on strong day-to-day operational relationships

The Canadian Council of Fisheries and Aquaculture Ministers (CCFAM) is your most important tool for multilateral engagement. CCFAM provides a structured, regular mechanism for federal, provincial, and territorial ministers and their officials to collectively address fisheries and aquaculture issues of national importance.

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Description
  • CCFAM Ministers
    • CCFAM Deputy Ministers
      • Interjurisictional Working Group
      • Committies
        • Strategic Management Committee on Aquaculture: Ongoing support for Aquaculture Development Strategy work, and related files
        • National Aquatic Invasive Species Committee: Ongoing support for aquatic invasive Species (AIS) work
        • Inland Fisheries Committee: Support work related to recreational fisheries and inland commercial fisheries
        • Fish and Fish Habitat Protection Committee: Policy development and implementation for fish habitat protection under the new Fisheries Act and the Species at Risk Act
        • Economic Development Task Group: Promote economic development in fish and seafood sectors, in a post COVID-19 environment

Other multilateral fora are available and can be convened as needed. . .

In addition to the CCFAM, two regional intergovernmental ministerial fora exist:

Both Councils operate under the same terms and conditions as the CCFAM

When the need arises, additional ad hoc multilateral mechanisms can be established.

Provincial and Territorial Interests

Yukon

Northwest Territories

Nunavut

British Columbia

Alberta

 Saskatchewan

 Manitoba

Ontario

 Quebec

New Brunswick

Nova Scotia

Prince Edward Island

Newfoundland and Labrador

Science at DFO

Purpose

The Role of Science at DFO

DFO science provides information, analysis, and advice on key areas.

Core Science Functions

DFO Scientist – Who We Are

A highly skilled workforce, with science expertise spanning all areas of fisheries and ocean science

Science Advice

Our science advice supports evidence-based decision-making

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Description

CSAS Process

  1. Call for requests for science advice
  2. Developing requests for science advice
  3. Developing the Science Advisory Schedule
  4. Developing the ToR & peer-review logistics
  5. Analysis/Working paper
  6. Peer-review assessment & drafting the science advice
  7. Submitting the science advice & supporting documents
  8. Publishing the science advice & supporting documents

Science and Innovation

Science for Today and Tomorrow

Annex 1: DFO National Science Facilities

DFO Science operates research institutes, laboratories, experimental centres, and offices located in 7 regions across the country.

Pacific region

Prairie region

Quebec region

Gulf region

Maritime region

Newfoundland and Labrador region

International Landscape

International context for DFO

International engagement

The Department works with international partners to advance fisheries and oceans interests through multilateral and bilateral engagements.

Engagement Mechanisms

Objectives of international engagement

International Fora

Key international fora of interest on the horizon:

High Level Panel for Sustainable Oceans Economy

North Atlantic Fisheries Ministers Conference Reykjavik, Iceland – 2022 (date tbc)

UN Climate Change Conference COP28

Seafood Expo North America Boston, USA - March 2022

2022 UN Ocean Conference Lisbon, Portugal – 2022 (date TBC)

Arctic Council

2022 IMPAC5

 

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