1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

BILL C-262

An Act to establish the rights of fishers including the right to be involved in the process of fisheries stock assessment, fish conservation, setting of fishing quotas, fishing licensing and the public right to fish and establish the right of fishers to be informed of decisions affecting fishing as a livelihood in advance and the right to compensation if other rights are abrogated unfairly

Preamble

Whereas the primary objective of fisheries policy is to maintain successful and sustainable fisheries;

Whereas those Canadians who fish for a livelihood are the people most affected by and most knowledgeable about the conservation of successful and sustainable fisheries;

Whereas the best decisions regarding the protection, development and harvesting of fish stocks can only be made with the involvement of the fishers who fish those stocks;

Whereas it is necessary to ensure that decisions affecting fisheries will be made by processes that involve fishers;

Whereas there should be a right of compensation for fishers whose fishing rights are abrogated by a decision reached by a process that does not involve fishers;

And Whereas the public right to fish should also be protected by involving fishers in decisions respecting that right;

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

SHORT TITLE

Short title

1. This Act may be cited as the Fishers' Bill of Rights.

Interpretation

Interpreta-
tion

2. The definitions in this section apply in this Act.

``fisher''
« pêcheur »

``fisher'' means a person who gains a livelihood by fishing or whose business is primarily fishing.

``public right to fish''
« droit de pêche du public »

``public right to fish'' means the rights existing at common law respecting fishing by individuals, including fishers, that is not for commercial purposes.

Paramountcy

3. This Act operates notwithstanding any other Act.

Fishers involved in decisions affecting fishing

4. Where, by or under the authority of any Act of Parliament or of the legislature of a province, a process is established that is intended to produce a decision or recommendation respecting fisheries stock assessment, fish conservation, the setting of fishing quotas, fishing licensing or the public right to fish, provision shall be made for

    (a) fishers to be represented on or be heard by the body involved in the process or, in the case of an order to be made by the Governor in Council, to have the opportunity to comment on every proposed order before it is made;

    (b) the consideration, including the right of those affected to be heard during the process, as to the effect of fishing on traditional lifestyles including but not restricted to aboriginal traditional lifestyles; and

    (c) the protection of the health and safety of the fishers involved as a primary consideration, and the right of those affected to be heard during the process on the issue of health and safety.

Compensation , appeals and notice

5. An Act of Parliament or of the legislature of a province that establishes a process referred to in section 4 shall also provide that

    (a) every fisher who suffers a loss as a result of the abrogation of a fishing right, other than as a result of a process that involves fishers in accordance with the provisions of section 4, shall be entitled to compensation for the loss and shall establish the process for claiming the compensation;

    (b) no decision that affects the rights of fishers or the public right to fish shall be implemented until every right of appeal against the decision has been exercised or the time for the appeal has passed; and

    (c) no decision that affects the rights of fishers or the public right to fish shall be implemented retroactively nor until reasonable notice has been given to the fishers involved.

Proprietary rights

6. Sections 4 and 5 do not apply to provisions of an Act of Parliament or of the legislature of a province that deal with proprietary rights within the jurisdiction of the province.