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This enactment amends the Coastal Fisheries Protection Act and the
Canada Shipping Act to enable Canada 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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The enactment also enables the implementation of other
international fisheries treaties and arrangements.
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Clause 1: (2) and (3) The definitions ``government
vessel'', ``protection officer'' and ``straddling stock'' in
subsection 2(1) read as follows:
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``government vessel'' means any vessel that belongs to or is in the
service of Her Majesty in right of Canada;
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``protection officer'' means
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(a) a fishery officer within the meaning of the Fisheries Act,
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(b) an officer of the Royal Canadian Mounted Police, or
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(c) any person authorized by the Governor in Council to enforce
this Act;
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``straddling stock'' means a prescribed stock of fish.
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(4) and (5) New.
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Clause 2: New.
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Clause 3: (1) and (2) Paragraph 6(f) is new. 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: New.
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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: The relevant portion of section 14 reads as
follows:
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14. Where a person is convicted of an offence under this Act, the
convicting court or judge may, in addition to any other punishment
imposed, order that
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Clause 8: New.
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Clause 9: New.
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Clause 10: The relevant portion of subsection 18(2)
reads as follows:
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(2) Every person who contravenes any of paragraphs 4(1)(b) to (e),
section 5 or the regulations is guilty of an offence and liable
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Clause 11: New.
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Clause 12: Paragraphs 18.1(a.1) and (a.2) are 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 13: 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 14: Section 18.4 reads as follows:
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18.4 No proceeding in respect of
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(a) an offence under this Act consisting of a contravention of section
5.2,
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(b) an offence referred to in section 18.1, or
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(c) an offence under paragraph 17(d) consisting of resistance to or
obstruction of a protection officer in the execution of the officer's
duty in relation to section 5.2
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may be commenced without the personal consent in writing of the
Attorney General of Canada or the Deputy Attorney General, and such
a proceeding may be conducted only by the Attorney General of
Canada or counsel acting on his or her behalf.
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Clause 15: 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 16: 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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he may, with respect to either a certificate granted in Canada or a
certificate granted in any other Commonwealth country in so far only
as concerns its validity in Canada, suspend or cancel the certificate of
competency or service of the master or mate or the certificate of the
engineer.
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