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This enactment amends the Coastal Fisheries Protection Act and the
Canada Shipping Act in order to implement the Agreement for the
Implementation of the Provisions of the United Nations Convention on
the Law of the Sea of 10 December 1982 Relating to the Conservation
and Management of Straddling Fish Stocks and Highly Migratory Fish
Stocks adopted by the United Nations Conference on Straddling Fish
Stocks and Highly Migratory Fish Stocks in New York on August 4,
1995.
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Clause 1: (1) The definition ``straddling stock'' in
section 2 reads as follows:
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``straddling stock'' means a prescribed stock of fish.
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(2) The relevant portion of the definition ``protection
officer'' in section 2 reads as follows:
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``protection officer'' means
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(b) an officer of the Royal Canadian Mounted Police, or
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(3) New.
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Clause 2: New.
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Clause 3: (1) and (2) The relevant portion of section
6 reads as follows:
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6. The Governor in Council may make regulations
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(e) generally for carrying out the purposes and provisions of this Act.
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Clause 4: Section 7 reads as follows:
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7. A protection officer may
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(a) for the purpose of ensuring compliance with this Act and the
regulations, board and inspect any fishing vessel found within
Canadian fisheries waters or the NAFO Regulatory Area; and
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(b) with a warrant issued under section 7.1, search any fishing vessel
found within Canadian fisheries waters or the NAFO Regulatory
Area and its cargo.
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Clause 5: Section 8 reads as follows:
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8. A protection officer may arrest without warrant any person who
the officer suspects on reasonable grounds has committed an offence
under this Act.
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Clause 6: The relevant portion of section 9 reads as
follows:
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9. Where a protection officer suspects on reasonable grounds that an
offence under this Act has been committed, the officer may seize
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Clause 7: Sections 10 to 12 read as follows:
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10. Subject to section 11, any fishing vessel and goods seized
pursuant to section 9 shall be retained in the custody of the protection
officer who made the seizure or delivered into the custody of such
person as the Minister may direct.
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11. Where fish or any other perishable articles are seized pursuant to
section 9, the protection officer or other person having the custody
thereof may sell them, and the proceeds of the sale shall be paid to the
Receiver General or deposited in a bank to the credit of the Receiver
General.
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12. Any fishing vessel or goods seized pursuant to section 9 or the
proceeds realized from a sale pursuant to section 11 shall be returned or
paid to the person from whom the fishing vessel or goods were seized
if the Minister decides not to institute a prosecution in respect of an
offence under this Act, and in any event shall be so returned or paid on
the expiration of three months after the day of seizure unless before that
time proceedings in respect of the offence are instituted.
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Clause 8: New.
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Clause 9: New.
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Clause 10: Paragraph 18.1(a.1) is new. The relevant
portion of section 18.1 reads as follows:
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18.1 An act or omission that would be an offence under an Act of
Parliament if it occurred in Canada is deemed to have been committed
in Canada if it occurs, in the course of enforcing this Act,
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Clause 11: Subsection 18.2(3) reads as follows:
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(3) Where an act or omission that is an offence by virtue only of
section 18.1 is alleged to have been committed on board or by means
of a vessel that is registered or licensed under the laws of a state other
than Canada, the powers referred to in subsection (1) may not be
exercised outside Canada with respect to that act or omission without
the consent of the Attorney General of Canada.
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Clause 12: Subsection 504(1) reads as follows:
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504. (1) Where the Minister believes on reasonable grounds that any
master, mate or engineer is from incompetency or misconduct unfit to
discharge his duties, or that in a case of collision he has failed to render
such assistance or give such information as is required under sections
568 and 569, the Minister may cause an inquiry to be held.
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Clause 13: Paragraph 505(a.1) is new. The relevant
portion of section 505 reads as follows:
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505. Where on any inquiry held pursuant to section 504 the Minister
is satisfied
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