1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-403

An Act to amend the Canadian Environmental Protection Act (lead sinkers and lead jigs)

R.S., c. 16 (4th Supp.); 1989, c. 9; 1992, cc.1, 34, 37, 47; 1996, cc. 8, 31

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Canadian Environmental Protection Act is amended by adding the following after section 48:

Lead Sinkers and Lead Jigs

Prohibition

48.1 (1) No one shall import, manufacture, sell or offer for sale a lead sinker or a lead jig.

Prohibition

(2) No one shall, while fishing for any species of fish, be in possession of a lead sinker or lead jig that weighs less than 50 grams.

Offence and punishment

(3) Every person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $25,000.

Offence and punishment

(4) Every person who contravenes subsection (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $2,000.

Definitions

(5) The definitions in this subsection apply in subsections (1) and (2).

``lead jig''
« turlutte plombée »

``lead jig'' means one or more weighted hooks that contain more than 1.0 per cent lead by weight and that can be used for catching fish when attached to a fishing line.

``lead sinker''
« lest en plomb »

``lead sinker'' means an object that contains more than 1.0 per cent lead by weight and that can be used to sink a fishing line by attachment of the object to a fishing line.

2. Section 116 of the Act is replaced by the following:

Other offences

116. Every person who contravenes any provision of this Act, other than a provision referred to in sections 48.1 and 111 to 115, or of any regulation made under this Act, is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

CONDITIONAL AMENDMENTS

3. If Bill C-32, introduced during the first session of the thirty-sixth Parliament and entitled the Canadian Environmental Protection Act, 1998, is assented to, then, on the later of the day on which section 355 of that Act comes into force and the day on which this Act is assented to, the Canadian Environmental Protection Act, 1998 is amended by adding the following after section 103:

Lead Sinkers and Lead Jigs

Prohibition

103.1 (1) No one shall import, manufacture, sell or offer for sale a lead sinker or a lead jig.

Prohibition

(2) No one shall, while fishing for any species of fish, be in possession of a lead sinker or lead jig that weighs less than 50 grams.

Offence and punishment

(3) Every person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $25,000.

Offence and punishment

(4) Every person who contravenes subsection (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $2,000.

Definitions

(5) The definitions in this subsection apply in subsections (1) and (2).

``lead jig''
« turlutte plombée »

``lead jig'' means one or more weighted hooks that contain more than 1.0 per cent lead by weight and that can be used for catching fish when attached to a fishing line.

``lead sinker''
« lest en plomb »

``lead sinker'' means an object that contains more than 1.0 per cent lead by weight and that can be used to sink a fishing line by attachment of the object to a fishing line.

4. If Bill C-32, introduced during the first session of the thirty-sixth Parliament and entitled the Canadian Environmental Protection Act, 1998, is assented to, then, on the later of the day on which section 355 of that Act comes into force and the day on which this Act is assented to, paragraphs 272(1)(a) and (b) of the Canadian Environmental Protection Act, 1998 are replaced by the following:

    (a) a provision of this Act, except section 103.1 thereof, or the regulations;

    (b) an obligation or a prohibition arising from this Act, except section 103.1 thereof, or the regulations;

COMING INTO FORCE

Coming into force

5. This Act comes into force on the day that is three months after the day it is assented to.