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Bill C-115

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First Reading

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	International Conservation and Management Measures
Entry of foreign fishing vessels	30. No foreign fishing vessel shall enter Canada or the exclusive economic zone of Canada for any purpose
	(a) except in accordance with a licence; or
	(b) unless authorized by the regulations, any other law of Canada or a treaty.
Fishing	31. (1) No foreign fishing vessel shall, except in accordance with a licence or unless authorized by the regulations or any other law of Canada or a treaty, engage in any of the following activities in Canadian waters or the exclusive economic zone of Canada:
	(a) fishing;
	(b) processing of fish;
	(c) unloading, landing or transhipping any fish, outfit or supplies;
	(d) shipping or discharging any crew member or other person; or
	(e) buying or obtaining bait or any supplies or outfits.
Fishing for sedentary species	(2) No foreign fishing vessel shall, except under a licence or unless authorized by the regulations or any other law of Canada or a treaty, engage in fishing for a sedentary species on the continental shelf of Canada.
Importation of fish	32. No Canadian fishing vessel shall, except under a licence or unless authorized by the regulations, bring into Canada or the exclusive economic zone of Canada fish received outside Canada and the exclusive economic zone of Canada from a foreign fishing vessel.
Purpose	33. Parliament, recognizing
	(a) that straddling stocks on the Grand Banks of Newfoundland are a major renewable world food source having provided a livelihood for centuries to persons engaged in fishing,
	(b) that those stocks are threatened with extinction,
	(c) that there is an urgent need for all fishing vessels to comply both in Canada and in the exclusive economic zone of Canada and in the NAFO Regulatory Area with sound conservation and management measures for those stocks, notably those measures that are taken under the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978, Canada Treaty Series 1979 No. 11, and
	(d) that some foreign fishing vessels continue to fish for those stocks in the NAFO Regulatory Area in a manner that undermines the effectiveness of sound conservation and management measures,
	declares that the purpose of section 34 is to enable Canada to take urgent action necessary to prevent further destruction of those stocks and to permit their rebuilding, while continuing to seek effective international solutions to the situation referred to in paragraph (d).
NAFO Regulatory Area	34. No foreign fishing vessel of a prescribed class shall, in the NAFO Regulatory Area, fish for a straddling stock in contravention of any of the prescribed conservation and management measures.
Fishing vessels without nationality	35. No fishing vessel without nationality shall fish for a prescribed species of fish on a prescribed area of the high seas.
Provisioning in Canadian waters	36. (1) No fishing vessel shall provision a foreign fishing vessel, other than a vessel that is in distress, in Canadian waters or in the exclusive economic zone of Canada, where
	(a) the foreign fishing vessel is not authorized to enter those waters; or
	(b) the foreign fishing vessel is engaged in any of the activities referred to in subsection 31(1) in those waters without being authorized to do so.
Continental shelf	(2) No Canadian fishing vessel shall provision a foreign fishing vessel, other than a vessel that is in distress, on the continental shelf of Canada, where the foreign fishing vessel is engaged in fishing referred to in subsection 31(2) in those waters without a licence or without being authorized to do so by the regulations or any other law of Canada or a treaty.
NAFO Regulatory Area	(3) No Canadian fishing vessel shall, in the NAFO Regulatory Area, provision a foreign fishing vessel, other than a vessel that is in distress, unless the foreign fishing vessel is flying a flag of a NAFO member state that is set out in a list established by the regulations.
	Application of Criminal Law
Application of criminal law	37. An act or omission that, if it occurred in Canada, would be an offence under a federal law, within the meaning of subsection 2(1) of the Canadian Laws Offshore Application Act, is deemed to have been committed in Canada if it occurs, in the course of enforcing this Act,
	(a) in the NAFO Regulatory Area on board or by means of a foreign fishing vessel, on board or by means of which a contravention of section 34, 35 or 36 has been committed; or
	(b) in the course of continuing pursuit that commenced while a foreign fishing vessel was in Canada, the exclusive economic zone of Canada or the NAFO Regulatory Area.
Exercising powers of arrest, entry, etc.	38. (1) Every power of arrest, entry, search or seizure or other power that could be exercised in Canada with respect to an act or omission referred to in section 37 may be exercised, in the circumstances referred to in that section,
	(a) on board the foreign fishing vessel; or
	(b) where pursuit has been commenced, on any area of the sea, other than an area of the sea that forms part of the territorial sea or internal waters of another state.
Arrest, search, seizure, etc.	(2) A justice or judge in any territorial division in Canada has jurisdiction to authorize an arrest, entry, search or seizure or an investigation or other ancillary matter related to an offence referred to in section 37 in the same manner as if the offence had been committed in that territorial division.
Attorney General of Canada	(3) Where an act or omission that is an offence by virtue only of section 37 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.
Territorial division	(4) A proceeding in respect of
	(a) an offence consisting of a contravention of section 34, 35 or 36, or
	(b) an act or omission referred to in section 37,
	that is committed outside Canada may, whether or not the accused is in Canada, be commenced in any territorial division in Canada, and the accused may be tried and punished for that offence in the same manner as if the offence had been committed in that territorial division.
	Information Returns
Persons who may be required to provide information	39. (1) The following persons shall, in accordance with the regulations, the licences or leases held by them or any instructions of a fishery officer or fishery guardian, keep the information, records, books of account or other documents described in subsection (2):
	(a) any person who engages in fishing;
	(b) any person who buys fish for the purpose of resale;
	(c) any owner, operator or manager of an enterprise that catches, cultures, processes or transports fish;
	(d) any person who provides services to recreational fishers; and
	(e) any agent or employee of a person referred to in any of paragraphs (a) to (d).
Information that may be required	(2) The information, records, books of account or other documents referred to in subsection (1) are information, records, books of account or other documents relating to any of the following matters:
	(a) the number, quantity, sex, size, weight, species, product form, value or other particulars of any fish caught, cultured, processed, transported, sold or purchased;
	(b) the time and place at which any fish was caught or landed and the person, enterprise or fishing vessel by which the fish was caught or landed;
	(c) the time and place at which any fish was purchased and the person, enterprise or fishing vessel from which the fish was purchased;
	(d) the fishing vessels, gear and methods used and the number of persons employed for the purpose of fishing;
	(e) the buildings, equipment, products and methods used and the number of persons employed for the purpose of culturing or processing fish; and
	(f) any other matter relating to the management and control of fisheries or the conservation and protection of fish.
Provision of information, etc.	(3) A person who is required by this section to keep information, records, books of account or other documents shall provide any such information to the fishery officer or fishery guardian, or any authority designated by the officer or guardian, or by the regulations, licence or lease, within a reasonable time after a request is made by the officer, guardian or authority or as required by the regulations or the conditions of the licence or lease.
	Application
Exemption for law enforcement activities	40. The Minister may, on any terms and conditions that the Minister considers necessary, exempt persons who are carrying out duties or functions under this Part from the application of any provision of this Part or the regulations made under this Part.
	Regulations
Regulations	41. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Part and in particular, but without restricting the generality of the foregoing, may make regulations
	(a) for the proper management and control of fisheries;
	(b) respecting the conservation and protection of fish;
	(c) respecting the catching, loading, landing, handling, transporting, possession, processing and disposal of fish;
	(d) respecting the operation of fishing vessels;
	(e) respecting the use of fishing gear and equipment;
	(f) respecting the marking, identification and tracking of fishing vessels;
	(g) respecting the designation of persons as observers, their duties and their carriage on board fishing vessels;
	(h) prohibiting fishing or other related activities without a licence and respecting the issuance of licences;
	(i) where a closed time, fishing quota or limit on the size or weight of fish has been fixed in respect of an area, authorizing persons engaged or employed in the administration or enforcement of this Act to vary the closed time, fishing quota or limit in respect of that area or any portion of that area;
	(j) respecting the entering into of fisheries management agreements, including the obtaining of any approvals required for those agreements;
	(k) respecting the export of fish from Canada and the import of fish into Canada;
	(l) respecting the harvesting of marine plants in waters in Canada that are not within a province;
	(m) prescribing the fees that may be charged by Her Majesty in right of Canada with respect to the issuance of licences and the granting of leases, including the variation or rescission of, or addition to, conditions of a licence on the application of the holder;
	(n) authorizing the destruction of fish by any means other than fishing;
	(o) authorizing foreign fishing vessels to enter Canada or the exclusive economic zone of Canada
	(i) to engage in any activity referred to in subsection 31(1), or
	(ii) for any purpose specified in the regulations;
	(p) authorizing Canadian fishing vessels to bring into Canada or the exclusive economic zone of Canada fish received outside Canada and the exclusive economic zone of Canada from foreign fishing vessels;
	(q) prescribing classes of foreign fishing vessels and conservation and management measures for the purposes of section 34;
	(r) prescribing species of fish and areas of the high seas for the purposes of section 35;
	(s) establishing the list referred to in subsection 36(3); and
	(t) prescribing any other thing that by this Part is to be or may be prescribed.
Repeal	(2) Paragraph (1)(i) is repealed on a day to be fixed by order of the Governor in Council.

Bill C-115

International Conservation and Management Measures

Application of Criminal Law

Information Returns

Application

Regulations