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His Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
respecting fisheries''.
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This enactment streamlines and modernizes the Fisheries Act.
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Part I provides a regime for the conservation and management of
fisheries. It allows the Minister of Fisheries and Oceans to issue
domestic and foreign fishing licences, conclude agreements with
groups in a fishery and issue fisheries management orders.
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Part II provides a regime for the protection and management of fish
habitat.
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Part III establishes fisheries tribunals on the Atlantic and Pacific
coasts and provides a system of licence sanctions for fisheries violations
to be administered by those tribunals.
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Part IV provides the Minister of Fisheries and Oceans and the
Department of Fisheries and Oceans with the necessary authority to
administer and enforce the enactment.
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Clause 187: Section 27 reads as follows:
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27. (1) The provisions of sections 74 to 77 of the Fisheries Act apply,
with such modifications as the circumstances require, in respect of any
ship and cargo forfeited under this Act as though the ship and cargo
were, respectively, a vessel and goods forfeited under subsection 72(1)
of that Act.
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(2) References to ``the Minister'' in sections 75 and 76 of the
Fisheries Act shall, in applying those sections for the purposes of this
Act, be read as references to the Governor in Council and the phrase
``other than a person convicted of the offence that resulted in the
forfeiture or a person in whose possession the vessel, vehicle, article,
goods or fish were when seized'' shall be deemed to include a reference
to the owner of the ship where it is the ship that is convicted of the
offence that results in the forfeiture.
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Clause 188: The relevant portion of subsection 3(2)
reads as follows:
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(2) Subsection (1) does not apply in respect of any foreign ship or
non-duty paid ship that is
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(a) used as a fishing vessel, as defined by the Coastal Fisheries
Protection Act, in any activity governed by that Act and that does not
carry any goods or passengers other than goods or passengers
incidental to any activity governed by that Act;
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Clause 189: This amendment would repeal a provi
sion repealing the heading preceding section 79.7 and
section 79.7 of the Fisheries Act.
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Clause 190: The relevant portion of the definition
``peace officer'' in section 2 reads as follows:
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``peace officer'' includes
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(e) a person designated as a fishery guardian under the Fisheries
Act when performing any duties or functions under that Act and
a person designated as a fishery officer under the Fisheries Act
when performing any duties or functions under that Act or the
Coastal Fisheries Protection Act,
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Clause 191: Section 18 reads as follows:
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18. Sections 74 to 76 of the Fisheries Act apply, with such
modifications as the circumstances require, to a thing forfeited under
section 15 or 16, or an energy-using product forfeited under section 17,
as though it were a thing forfeited under subsection 72(1) of that Act.
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Clause 193: Subsection 16(3) reads as follows:
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(3) Sections 74 to 77 of the Fisheries Act applies, with such
modifications as the circumstances require, in respect of anything
forfeited under subsection (2) as though it were an article forfeited
under subsection 72(1) of that Act.
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Clause 194: The relevant portion of the definition
``appropriate authority'' in subsection 108(1) reads as
follows:
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``appropriate authority'' means
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(a) with respect to a navigable water, the Minister of Transport,
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Clause 195: The definition ``Minister'' in section 2
reads as follows:
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``Minister'' means the Minister of Transport;
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Clause 196: Subsection 15(5) reads as follows:
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(5) Where the Board issues a licence in respect of any waters that do
not form part of a water quality management area designated pursuant
to the Canada Water Act, and to which any regulations made under
subsection 36(5) of the Fisheries Act apply, the Board may not include
in the licence any conditions relating to the deposit of waste in those
waters that are less stringent than the provisions of those regulations.
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Clause 197: This amendment would repeal a provi
sion amending paragraph (d) of the definition ``judge''
in section 74 of the Fisheries Act.
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Clause 198: Subsection 11(3) reads as follows:
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(3) Sections 74 to 76 of the Fisheries Act applies, with such
modifications as the circumstances require, in respect of any article or
printed or written matter forfeited under subsection (1) or (2) as though
that article or matter were an article forfeited under subsection 72(1) of
that Act.
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Clause 203: Subsection 16(4) reads as follows:
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(4) The provisions of sections 74 to 76 of the Fisheries Act apply with
such modifications as the circumstances require to any radiation
emitting device forfeited under this section as though that device were
an article forfeited under subsection 72(1) of that Act.
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Clause 204: Subsection 16(2) reads as follows:
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(2) Sections 74 to 76 of the Fisheries Act apply, with such
modifications as the circumstances require, to any textile fibre product
or other thing forfeited under this section as though that textile fibre
product or other thing were an article forfeited under subsection 72(1)
of that Act.
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Clause 205: Subsection 15(5) reads as follows:
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(5) Where the Board issues a licence in respect of any waters that do
not form part of a water quality management area designated pursuant
to the Canada Water Act, and to which any regulations made under
subsection 36(5) of the Fisheries Act apply, the Board may not include
in the licence any conditions relating to the deposit of waste in those
waters that are less stringent than the provisions of those regulations.
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