Fees

Fees for services or use of facilities

47. (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for a service or the use of a facility provided under this Act by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility.

Amount not to exceed cost

(2) Fees for a service or the use of a facility that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

Fees for products, rights and privileges

48. The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees in respect of products, rights and privileges provided under this Act by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility.

Fees in respect of regulatory processes, etc.

49. (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees in respect of regulatory processes or approvals provided under this Act by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility.

Amount

(2) Fees that are fixed under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable outlays incurred by Her Majesty for the purpose of providing the regulatory processes or approvals.

Consultation

50. (1) Before fixing a fee under this Act, the Minister shall consult with such persons or bodies as the Minister considers to be interested in the matter.

Publication

(2) The Minister shall, within 30 days after fixing a fee under this Act, publish the fee in the Canada Gazette and by such appropriate electronic or other means that the Treasury Board may authorize by regulation.

Reference to Scrutiny Committee

(3) Any fee fixed under this Act shall stand referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.

Power to make regulations

51. The Treasury Board may make regulations for the purposes of section 47, 48, 49 or 50.

Review

52. (1) The administration of this Act shall, within three years after the coming into force of this section, be reviewed by the Standing Committee on Fisheries and Oceans.

Report to Parliament

(2) The Committee shall undertake a comprehensive review of the provisions and operation of this Act, including the consequences of its implementation, and shall, within a year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report to Parliament thereon including a statement of any changes to this Act or its administration that the Committee would recommend.

Regulations

52.1 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Act and, in particular, but without restricting the generality of the foregoing, may make regulations

    (a) prescribing marine environmental quality requirements and standards;

    (b) respecting the powers and duties of persons designated by the Minister as enforcement officers; and

    (c) respecting the implementation of provisions of agreements made under this Act.

CONDITIONAL AMENDMENTS

Bill C-25

53. If Bill C-25, introduced during the second session of the thirty-fifth Parliament and entitled An Act respecting regulations and other documents, including the review, registration, publication and parliamentary scrutiny of regulations and other documents and to make consequential and related amendments to other Acts, is assented to, then, on the later of the day on which section 27 of that Act comes into force and the day on which this Act is assented to,

    (a) subsection 36(2) of this Act is replaced by the following:

Exemption from Regulations Act

(2) An order made under this section is exempt from the regulatory process under the Regulations Act.

    (b) subsection 50(3) of this Act is replaced by the following:

Reference to scrutiny committee

(3) Any fee fixed under this Act shall stand permanently referred to a committee described in section 25 of the Regulations Act to be scrutinized as if it were a regulation.

REPEALS

Repeal

54. The Canadian Laws Offshore Application Act, chapter 44 of the Statutes of Canada, 1990, is repealed.

Repeal of R.S., c. T-8

55. The Territorial Sea and Fishing Zones Act is repealed.

RELATED AMENDMENTS

R.S., c. A-2

Aeronautics Act

56. The definition ``Canada'' in subsection 3(1) of the Aeronautics Act is repealed.

1991, c. 11 [c. B-9.01]

Broadcasting Act

57. Paragraph 4(2)(c) of the Broadcasting Act is replaced by the following:

    (c) any platform, rig, structure or formation that is affixed or attached to land situated in the continental shelf of Canada.

R.S., c. 36 (2nd Supp.) [c. C-8.5]

Canada Petroleum Resources Act

58. Paragraph (b) of the definition ``frontier lands'' in section 2 of the Canada Petroleum Resources Act is replaced by the following:

      (b) submarine areas, not within a province, in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada;

R.S., c. C-9

Canada Ports Corporation Act

59. The portion of subsection 43(1) of the Canada Ports Corporation Act before paragraph (a) is replaced by the following:

Seizure of vessels

43. (1) The Corporation may, as provided in section 46, seize any vessel in Canadian waters in any case

60. The portion of subsection 17(1) of Schedule I to the Act before paragraph (a) is replaced by the following:

17. (1) A local port corporation may, as provided in section 20 of this Schedule, seize any vessel in Canadian waters in any case

1992, c. 37 [c. C-15.2]

Canadian Environmental Assessment Act

61. Paragraph (b) of the definition ``federal lands'' in subsection 2(1) of the Canadian Environmental Assessment Act is replaced by the following:

      (b) the following lands and areas, namely,

        (i) the internal waters of Canada,

        (ii) the territorial sea of Canada,

        (iii) the exclusive economic zone of Canada, and

        (iv) the continental shelf of Canada, and

R.S., c. 16 (4th Supp.) [c. C-15.3]

Canadian Environmental Protection Act

1992, c. 37, s. 77

62. Paragraph (b) of the definition ``federal lands'' in section 52 of the Canadian Environmental Protection Act is replaced by the following:

      (b) the following lands and areas, namely,

        (i) the internal waters of Canada,

        (ii) the territorial sea of Canada,

        (iii) the exclusive economic zone of Canada, and

        (iv) the continental shelf of Canada, and

63. Paragraphs 66(2)(c) and (d) of the Act are replaced by the following:

    (d) the exclusive economic zone of Canada;

1989, c. 3 [c. C-23.4]

Canadian Transportation Accident Investigation and Safety Board Act

64. (1) Paragraph 3(1)(a) of the Canadian Transportation Accident Investigation and Safety Board Act is replaced by the following:

    (a) in or over Canada;

(2) Paragraph 3(2)(a) of the Act is replaced by the following:

(a) in Canada; and

(3) Subsection 3(3) of the Act is replaced by the following:

Application

(3) This Act also applies in respect of marine occurrences related to an activity concerning the exploration or exploitation of the continental shelf of Canada, where the marine occurrence takes place in waters above the continental shelf of Canada.

(4) Paragraph 3(4)(a) of the Act is replaced by the following:

(a) in Canada, if the railway or commodity pipeline is within the legislative authority of Parliament; and

(5) Subsection 3(5) of the Act is repealed.

R.S., c. C-33

Coastal Fisheries Protection Act

1990, c. 44, s. 13

65. Subsections 4(2) and (3) of the Coastal Fisheries Protection Act are replaced by the following:

Fishing of sedentary species

(2) No person, being aboard a foreign fishing vessel or being a member of the crew of or attached to or employed on a foreign fishing vessel, shall fish or prepare to fish for a sedentary species of fish in any portion of the continental shelf of Canada that is beyond the limits of Canadian fisheries waters, unless authorized by this Act or the regulations or any other law of Canada.

Definition of ``sedentary species''

(3) For the purposes of subsection (2), ``sedentary species'' means any living organism that, at the harvestable stage, either is immobile on or under the seabed or is unable to move except in constant physical contact with the seabed or subsoil.

1992, c. 31 [c. C-33.3]

Coasting Trade Act

66. (1) The definition ``continental shelf'' in subsection 2(1) of the Coasting Trade Act is repealed.

(2) The definition ``Canadian waters'' in subsection 2(1) of the Act is replaced by the following:

``Canadian waters''
« eaux canadien-
nes »

``Canadian waters'' means the inland waters within the meaning of section 2 of the Customs Act, the internal waters of Canada and the territorial sea of Canada;

R.S., c. C-46

Criminal Code

1990, c. 44, s. 15

67. Subsection 477(1) of the Criminal Code is replaced by the following:

Definition of ``ship''

477. (1) In sections 477.1 to 477.4, ``ship'' includes any description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, without regard to method or lack of propulsion.

1990, c. 44, s. 15

68. Section 477.1 of the Act is replaced by the following:

Offences outside of Canada

477.1 Every person who commits an act or omission that, if it occurred in Canada, would be an offence under a federal law, within the meaning of section 2 of the Oceans Act, is deemed to have committed that act or omission in Canada if it is an act or omission

    (a) in the exclusive economic zone of Canada that

      (i) is committed by a person who is in the exclusive economic zone of Canada in connection with exploring or exploiting, conserving or managing the natural resources, whether living or non-living, of the exclusive economic zone of Canada, and

      (ii) is committed by or in relation to a person who is a Canadian citizen or a permanent resident within the meaning of the Immigration Act;

    (b) that is committed in a place in or above the continental shelf of Canada and that is an offence in that place by virtue of section 20 of the Oceans Act;

    (c) that is committed outside Canada on board or by means of a ship registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

    (d) that is committed outside Canada in the course of hot pursuit; or

    (e) that is committed outside the territory of any state by a Canadian citizen.

1994, c. 44, s. 32

69. (1) Subsection 477.2(1) of the Act is replaced by the following:

Consent of Attorney General of Canada

477.2 (1) No proceedings in respect of an offence committed in or on the territorial sea of Canada shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.

1994, c. 44, s. 32

(2) Subsections 477.2(2) and (3) of the Act are replaced by the following:

Consent of Attorney General of Canada

(2) No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(a) or (b) shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.

Consent of Attorney General of Canada

(3) No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(d) or (e) shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced.

1990, c. 44, s. 15

70. (1) The portion of subsection 477.3(1) of the Act before paragraph (b) is replaced by the following:

Exercising powers of arrest, entry, etc.

477.3 (1) Every power of arrest, entry, search or seizure or other power that could be exercised in Canada in respect of an act or omission referred to in section 477.1 may be exercised, in the circumstances referred to in that section,

    (a) at the place or on board the ship or marine installation or structure, within the meaning of section 2 of the Oceans Act, where the act or omission occurred; or