Bill C-32

Enforcement of Sanctions

200. (1) The following amounts constitute debts due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction:

(a) the amount of a monetary penalty that is assessed against a person under this Part — other than one for which the person has made a payment under paragraph 185(1)(a) — or whose assessment against a person is confirmed by the Tribunal under this Part, from the time that it is assessed or confirmed or from any later time fixed by the Tribunal on extending the time for paying it;

(b) costs directed to be paid under an order made imposing a sanction under paragraph 198(1)(d), from the time of the order; and

(c) costs incurred by the Tribunal under subsection 198(2) in publishing the facts relating to the commission of a violation, from the time that the Tribunal incurs those costs.

(2) If the debtor referred to in subsection (1) is a fishing vessel, then a lien attaches to the fishing vessel for the amount of the debt, and the lien has priority over all other rights, interests, claims and demands whatever, except for masters’ and crew members’ claims that arise under the Canada Shipping Act, 2001 in respect of their employment on the vessel.

(3) Subject to subsection 202(3), an unpaid debt under this section is extinguished five years after the day on which it becomes due, and the lien, if any, that was attached under subsection (2) expires at the same time.

201. (1) If an amount that constitutes a debt under section 200 is not paid, the Attorney General of Canada may, by filing a certified copy of the order in respect of the amount, enter judgment for the amount of the debt and costs, if any, in any civil court in Canada that has jurisdiction to enter a judgment for that amount.

(2) A judgment that is entered under this section is enforceable against the debtor in the same manner as if it were a judgment obtained against that person in that court in a civil proceeding by Her Majesty in right of Canada.

202. (1) If an amount that constitutes a debt under section 200 is not paid or if a person does not comply with an order of the Tribunal made under subsection 198(1) or section 199, the Tribunal may

(a) revoke or suspend a licence held by the person, if the person is a holder; and

(b) prohibit the person from applying for any licence.

(2) Subject to subsection (3), no action may be taken under subsection (1) more than five years after the day on which the order is made.

(3) If action is taken under subsection (1) within five years after the day on which the debt becomes due, the lien attaches or the order is made, action may continue to be taken under that subsection at any time while the amount remains unpaid or the person does not comply with the order.

(4) A suspension under paragraph (1)(a) or a prohibition under paragraph (1)(b) ceases to have effect on the payment of the amount or on compliance with the order.

203. If a licence is revoked, suspended or modified under this Part, the holder must return it without delay to a licensing officer.

204. (1) Despite section 197, if the Tribunal has made an order imposing a sanction under any of paragraphs 198(1)(c) to (m) it may, on application by the Minister or the person to whom the order applies, require the person to appear before it and, after hearing the person and the Minister, vary the order in one or more of the following ways that it considers appropriate owing to a change in the person’s circumstances since the order was made:

(a) by changing any sanction set out in the order;

(b) by relieving the person, either absolutely or partially and for any period that the Tribunal considers appropriate, of compliance with any sanction set out in the order; and

(c) by increasing or decreasing the period during which the order is to remain in force.

(2) If the Tribunal has heard an application under subsection (1), no other application may be made in respect of the same order except with the Tribunal’s permission.

205. Section 127 of the Criminal Code does not apply in respect of the disobedience of an order made by the Tribunal under section 196, subsection 198(1) or section 199.

Regulations

206. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Part, including regulations

(a) prescribing licences or classes of licences for the purposes of section 32;

(b) prescribing licences or classes of licences for the purposes of section 170;

(c) prescribing, in respect of a prescribed licence or class of licence,

(i) provisions of this Act or the regulations the contravention of which constitutes a major violation, and

(ii) classes of conditions of a licence and classes of provisions of a fisheries management order the contravention of which constitutes a major violation;

(d) prescribing, in respect of a prescribed licence or class of licence,

(i) provisions of this Act or the regulations the contravention of which constitutes a minor violation, and

(ii) classes of conditions of a licence and classes of provisions of a fisheries management order the contravention of which constitutes a minor violation;

(e) establishing short-form descriptions of violations;

(f) prescribing amounts not exceeding $3,000 as the monetary penalties for minor violations;

(g) establishing, subject to subsection (2), the form and content of notices of major violation and notices of minor violation;

(h) prescribing the circumstances referred to in paragraph 182(1)(b); and

(i) imposing fees to be charged with respect to appeals made under section 32 and proceedings in relation to violations, and prescribing the amounts of those fees.

(2) Notices of major violation and notices of minor violation must

(a) set out the options of the person served with the notice with respect to responding to the notice and the time within which the person must respond;

(b) be in both official languages and provide an opportunity for the person to indicate in which official language they wish a hearing to be held or the representations of the case presentation officer to be made;

(c) state that any fish that is seized in relation to the violation will be forfeited to Her Majesty in right of Canada if the person makes a payment in accordance with paragraph 185(1)(a) or if it is established that the fish was caught, killed, processed, landed, transported, imported, purchased, sold or possessed in contravention of this Act or the regulations; and

(d) indicate that the consequence of not responding to the notice is that a default decision will be made by the Tribunal.

PART 6

REGULATIONS AND RELATED MATTERS

Regulations

207. The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

(a) prescribing the powers and functions of persons engaged in the administration or enforcement of this Act or the regulations, and respecting the exercise of those powers and the performance of those functions;

(b) making applicable to any area of the sea referred to in section 5 any regulations made under this Act;

(c) respecting the manner of service and the giving and sending of summonses, notices, statements and other documents under this Act;

(d) requiring any person to keep any record, book or other document containing any information relevant to the administration or enforcement of this Act or the regulations, and respecting where, how and how long they are to be kept; and

(e) requiring, in prescribed circumstances, any person who is required to keep anything referred to in paragraph (d) to disclose it to any person, and respecting how it is to be disclosed.

Incorporation by Reference

208. (1) A regulation made under this Act may incorporate by reference material produced by a person or body other than the Minister, including by a government, a government agency or an international body.

(2) A regulation made under this Act may incorporate by reference material produced jointly by the Minister and a government or government agency for the purpose of harmonizing the regulation with other laws.

(3) A regulation made under this Act may incorporate by reference technical or explanatory material produced by the Minister, such as specifications, test methods, procedures, construction standards, operational standards, safety standards and performance standards of a technical nature.

(4) Material may be incorporated by reference as amended from time to time.

(5) Material that is incorporated by reference in a regulation made under this Act is not a regulation for the purposes of the Statutory Instruments Act.

(6) Subsections (1) to (5) do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

209. If a provision of a regulation made under this Act incorporates material by reference, then no person may be convicted of an offence, or subjected to a penalty, for the contravention of the provision unless it is proved that, at the time of the alleged contravention,

(a) the material was reasonably accessible to the person;

(b) reasonable steps had been taken to ensure that the material was accessible to persons likely to be affected by the regulation; or

(c) the material had been published in the Canada Gazette.

Exemptions from Statutory Instruments Act

210. (1) The following are not statutory instruments for the purposes of the Statutory Instruments Act:

(a) licences; and

(b) fisheries management agreements.

(2) The following are not regulations for the purposes of the Statutory Instruments Act:

(a) interim orders made under subsection 27(2);

(b) allocation orders;

(c) fisheries management orders; and

(d) orders made under subsection 61(3).

PART 7

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEALS AND COMING INTO FORCE

Transitional Provisions

211. Any committee established under subsection 7(1) of the Fisheries Development Act that is operating on the day on which section 248 of this Act comes into force is deemed to be an advisory panel established under subsection 14(1) of this Act, and its members are deemed to have been appointed under that subsection.

212. The Minister must publish, on the day on which section 37 comes into force, any allocation that the Minister considers to be in effect on that day, and subsection 37(3) does not apply in respect of such an allocation.

213. A fishing plan, as defined in subsection 47(1) of this Act, that stipulates that subsection 33.1(2) of the Fisheries Act applies to any of its provisions is deemed to stipulate that subsection 47(2) of this Act applies to those provisions.

214. The Governor in Council may, on the recommendation of the Minister, repeal any regulations made under the Fisheries Act.

215. Any fees fixed by the Fisheries Act or by regulations referred to in section 214 of this Act remain in effect and are deemed to have been fixed by the Minister in accord- ance with sections 16 to 19 of this Act.

Consequential Amendments

Access to Information Act

216. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Canada Fisheries Tribunal

Arctic Waters Pollution Prevention Act

217. Section 27 of the Arctic Waters Pollution Prevention Act is replaced by the following:

27. (1) Sections 99 to 107 of the Fisheries Act, 2007 apply, with any modifications that the circumstances require, in respect of any ship and cargo forfeited under this Act as though they were things forfeited under subsection 91(2) of that Act.

(2) In applying sections 99 to 107 of the Fisheries Act, 2007 for the purposes of this Act, the references to “the Minister” in sections 100, 101, 105 and 106 of that Act shall be read as references to the “Governor in Council”.

Canada National Marine Conservation Areas Act

218. The definition “fishing” in subsection 2(1) of the Canada National Marine Conservation Areas Act is replaced by the following:

“fishing” has the meaning given to that expression in the Fisheries Act, 2007.

219. Subsections 15(2) and (3) of the Act are replaced by the following:

(2) A fishing licence issued under the Fisheries Act, 2007 is deemed to be a permit issued under this Act to carry out the activities permitted by the licence, subject to regulations made under subsection 16(1) on the recommendation of the Minister and the Minister of Fisheries and Oceans.

(3) For greater certainty, the superintendent of a marine conservation area may not amend, suspend or revoke a fishing licence issued under the Fisheries Act, 2007.

220. Subsection 16(5) of the Act is replaced by the following:

(5) Regulations referred to in subsections (2) to (4) prevail over regulations and fisheries management agreements made under the Fisheries Act, 2007 and over regulations made under the Coastal Fisheries Protection Act, the Canada Shipping Act, 2001, the Arctic Waters Pollution Prevention Act, the Navigable Waters Protection Act or the Aeronautics Act to the extent of any conflict between them.

Canadian Environmental Protection Act, 1999

221. The definition “fish” in section 43 of the Canadian Environmental Protection Act, 1999 is replaced by the following:

“fish” has the meaning assigned by section 3 of the Fisheries Act, 2007.

222. Section 131 of the Act is replaced by the following:

131. If a person disposes of a substance in accordance with the conditions of a Canadian permit or section 130, subsection 60(2) of the Fisheries Act, 2007 is not applicable.

223. The portion of section 195 of the Act before paragraph (a) is replaced by the following:

195. Despite subsection 60(2) of the Fisheries Act, 2007, subsection 123(1) and regulations made under paragraphs 93(1)(a), (b), (c) and (d) and 209(2)(a), (b), (c) and (d), the Minister may

Coastal Fisheries Protection Act

224. Paragraph (a) of the definition “protection officer” in subsection 2(1) of the Coastal Fisheries Protection Act is replaced by the following:

(a) a fishery officer designated under the Fisheries Act, 2007,

225. Paragraph 6(b.5) of the Act is replaced by the following:

(b.5) prescribing forms that may be used instead of the forms set out in Part XXVIII of the Criminal Code in proceedings against fishing vessels under this Act or the Fisheries Act, 2007;

226. Section 18.5 of the Act is replaced by the following:

18.5 All the provisions of this Act and the Criminal Code or the Fisheries Act, 2007 and the Criminal Code relating to indictable offences that are applicable to or in respect of persons apply, in their application to indictable offences created by this Act or the Fisheries Act, 2007, to or in respect of fishing vessels, with any modifications that the circumstances require, and all the provisions of this Act and the Criminal Code or the Fisheries Act, 2007 and the Criminal Code relating to summary conviction offences that are applicable to or in respect of persons apply, in their application to all other offences created by this Act or the Fisheries Act, 2007, to or in respect of fishing vessels, with any modifications that the circumstances require.

Contraventions Act

227. Section 3 of the schedule to the Contraventions Act and the heading before it are repealed.

Criminal Code

228. Paragraph (e) of the definition “peace officer” in section 2 of the Criminal Code is replaced by the following:

(e) a person designated as a fishery guardian under the Fisheries Act, 2007 when performing any duties or functions under that Act, and a person designated as a fishery officer under the Fisheries Act, 2007 when performing any duties or functions under that Act or the Coastal Fisheries Protection Act,

Energy Efficiency Act

229. Section 18 of the Energy Efficiency Act is replaced by the following:

18. Sections 99 to 107 of the Fisheries Act, 2007 apply, with any modifications that 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 91(2) of that Act.

Financial Administration Act

230. Schedule I.1 to the Financial Administration Act is amended by adding the following in alphabetical order in column I:

Canada Fisheries Tribunal

and a corresponding reference in column II to the “Minister of Fisheries and Oceans”.

231. Schedule IV to the Act is amended by adding the following in alphabetical order:

Canada Fisheries Tribunal

First Nations Oil and Gas and Moneys Management Act

232. Paragraph 36(c) of the First Nations Oil and Gas and Moneys Management Act is replaced by the following:

(c) fish and fish habitat, within the meaning of the Fisheries Act, 2007, migratory birds, within the meaning of the Migratory Birds Convention Act, 1994, and species at risk, within the meaning of the Species at Risk Act; or

Fishing and Recreational Harbours Act

233. Subsection 16(3) of the Fishing and Recreational Harbours Act is replaced by the following:

(3) Sections 99 to 107 of the Fisheries Act, 2007 apply, with any modifications that the circumstances require, in respect of anything forfeited under subsection (2) as though it were a thing forfeited under subsection 91(2) of that Act.

Freshwater Fish Marketing Act

234. (1) The definition “fisherman” in section 19 of the English version of the Freshwater Fish Marketing Act is repealed.

(2) The definition “pêcheur” in section 19 of the French version of the Act is replaced by the following:

(3) Section 19 of the English version of the Act is amended by adding the following in alphabetical order:

“fisher” means a person licensed under the Fisheries Act, 2007 or the regulations made under that Act to fish for commercial purposes in a participating province, and includes any person acting on behalf of and representing any two or more persons so licensed.

235. Subsection 22(2) of the English version of the Act is replaced by the following:

(2) All fish lawfully fished by a fisher and offered by the fisher for sale to the Corporation for disposal in interprovincial or export trade shall be bought by the Corporation from the fisher on the terms and conditions and for the price that are agreed on by the Corporation and the fisher subject to any applicable scheme for payment established and operated by the Corporation under section 23.

Marine Liability Act

236. Subsection 88(1) of the Marine Lia- bility Act is replaced by the following:

88. (1) In this section, “fish”, “fishing” and “fishing vessel” have the same meaning as in section 3 of the Fisheries Act, 2007.

Northwest Territories Waters Act

237. Subsection 15(5) of the Northwest Territories Waters Act is replaced by the following:

(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 referred to in paragraph 60(3)(b) of the Fisheries Act, 2007 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.

Nunavut Waters and Nunavut Surface Rights Tribunal Act

238. Section 73 of the Nunavut Waters and Nunavut Surface Rights Tribunal Act is replaced by the following:

73. Where the Board issues a licence in respect of any waters to which regulations referred to in paragraph 60(3)(b) of the Fisheries Act, 2007 apply, any conditions in the licence relating to the deposit of waste in those waters shall be at least as stringent as the conditions prescribed by those regulations.

239. The definition “harvesting” in section 95 of the Act is replaced by the following:

“harvesting” means, in relation to wildlife, reduction into possession and includes hunting, trapping, fishing as defined in section 3 of the Fisheries Act, 2007, netting, egging, picking, collecting, gathering, spearing, killing, cap- turing or taking by any means.

Precious Metals Marking Act

240. Subsection 11(3) of the Precious Metals Marking Act is replaced by the following:

(3) Sections 99 to 107 of the Fisheries Act, 2007 apply, with any modifications that the circumstances require, to any article or printed or written matter forfeited under this section as though it were a thing forfeited under subsection 91(2) of that Act.

Privacy Act

241. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Canada Fisheries Tribunal

Public Service Superannuation Act

242. Part II of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

Canada Fisheries Tribunal

Radiation Emitting Devices Act

243. Subsection 16(4) of the Radiation Emitting Devices Act is replaced by the following:

(4) Sections 99 to 107 of the Fisheries Act, 2007 apply, with any modifications that the circumstances require, to any radiation emitting device forfeited under this section as though it were a thing forfeited under subsection 91(2) of that Act.

Species at Risk Act

244. The definition “aquatic species” in subsection 2(1) of the Species at Risk Act is replaced by the following:

“aquatic species” means a wildlife species that is a fish or a marine plant as defined in section 3 of the Fisheries Act, 2007.

Textile Labelling Act

245. Subsection 16(2) of the Textile Labelling Act is replaced by the following:

(2) Sections 99 to 107 of the Fisheries Act, 2007 apply, with any modifications that the circumstances require, to any textile fibre product or other thing forfeited under this section as though it were a thing forfeited under subsection 91(2) of that Act.

Repeals

246. The Atlantic Fisheries Restructuring Act is repealed.

247. The provisions of the Fisheries Act are repealed on a day or days to be fixed by order of the Governor in Council.

248. The Fisheries Development Act is repealed.

249. The Fisheries Improvement Loans Act is repealed.

250. The Great Lakes Fisheries Convention Act is repealed.

Coming into Force

251. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.