Bill C-98

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Second Reading

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	CONDITIONAL AMENDMENTS
Bill C-84	53. If Bill C-84, introduced during the first session of the thirty-fifth Parliament and entitled An Act to provide for the review, registration, publication and parliamentary scrutiny of regulations and other documents and to make consequential and related amendments to other Acts, is assented to, then, on the later of the day on which section 27 of that Act comes into force and the day on which this Act is assented to,
	(a) subsection 36(2) of this Act is replaced by the following:
Exemption from Regulations Act	(2) An order made under this section is exempt from the regulatory process under the Regulations Act.
	(b) subsection 50(3) of this Act is replaced by the following:
Reference to scrutiny committee	(3) Any fee fixed under this Act shall stand permanently referred to a committee described in section 25 of the Regulations Act to be scrutinized as if it were a regulation.
	REPEALS
Repeal	*54. The Canadian Laws Offshore Application Act, chapter 44 of the Statutes of Canada, 1990, is repealed.*
Repeal of R.S., c. T-8	*55. The Territorial Sea and Fishing Zones Act* is repealed.**
	AMENDMENTS
R.S., c. A-2	Aeronautics Act
	*56. The definition ``Canada'' in subsection 3(1) of the Aeronautics Act* is repealed.**
1991, c. 11 [c. B-9.01]	Broadcasting Act
	*57. Paragraph 4(2)(c) of the Broadcasting Act* is replaced by the following:**
	(c) any platform, rig, structure or formation that is affixed or attached to land situated in the continental shelf of Canada.
R.S., c. 36 (2nd Supp.) [c. C-8.5]	Canada Petroleum Resources Act
	*58. Paragraph (b) of the definition ``frontier lands'' in section 2 of the Canada Petroleum Resources Act* is replaced by the following:**
	(b) submarine areas, not within a province, in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada;
R.S., c. C-9	Canada Ports Corporation Act
	*59. The portion of subsection 43(1) of the Canada Ports Corporation Act* before paragraph (a) is replaced by the following:**
Seizure of vessels	43. (1) The Corporation may, as provided in section 46, seize any vessel in Canadian waters in any case
	60. The portion of subsection 17(1) of Schedule I to the Act before paragraph (a) is replaced by the following:
	17. (1) A local port corporation may, as provided in section 20 of this Schedule, seize any vessel in Canadian waters in any case
1992, c. 37 [c. C-15.2]	Canadian Environmental Assessment Act
	*61. Paragraph (b) of the definition ``federal lands'' in subsection 2(1) of the Canadian Environmental Assessment Act* is replaced by the following:**
	(b) the following lands and areas, namely,
	(i) the internal waters of Canada,
	(ii) the territorial sea of Canada,
	(iii) the exclusive economic zone of Canada, and
	(iv) the continental shelf of Canada, and
R.S., c. 16 (4th Supp.) [c. C-15.3]	Canadian Environmental Protection Act
1992, c. 37, s. 77	*62. Paragraph (b) of the definition ``federal lands'' in section 52 of the Canadian Environmental Protection Act* is replaced by the following:**
	(b) the following lands and areas, namely,
	(i) the internal waters of Canada,
	(ii) the territorial sea of Canada,
	(iii) the exclusive economic zone of Canada, and
	(iv) the continental shelf of Canada, and
	63. Paragraphs 66(2)(c) and (d) of the Act are replaced by the following:
	(d) the exclusive economic zone of Canada;
1989, c. 3 [c. C-23.4]	Canadian Transportation Accident Investigation and Safety Board Act
	*64. (1) Paragraph 3(1)(a) of the Canadian Transportation Accident Investigation and Safety Board Act* is replaced by the following:**
	(a) in or over Canada;
	(2) Paragraph 3(2)(a) of the Act is replaced by the following:
	(a) in Canada; and
	(3) Subsection 3(3) of the Act is replaced by the following:
Application	(3) This Act also applies in respect of marine occurrences related to an activity concerning the exploration or exploitation of the continental shelf of Canada, where the marine occurrence takes place in waters above the continental shelf of Canada.
	(4) Paragraph 3(4)(a) of the Act is replaced by the following:
	(a) in Canada, if the railway or commodity pipeline is within the legislative authority of Parliament; and
	(5) Subsection 3(5) of the Act is repealed.
R.S., c. C-33	Coastal Fisheries Protection Act
1990, c. 44, s. 13	*65. Subsections 4(2) and (3) of the Coastal Fisheries Protection Act* are replaced by the following:**
Fishing of sedentary species	(2) No person, being aboard a foreign fishing vessel or being a member of the crew of or attached to or employed on a foreign fishing vessel, shall fish or prepare to fish for a sedentary species of fish in any portion of the continental shelf of Canada that is beyond the limits of Canadian fisheries waters, unless authorized by this Act or the regulations or any other law of Canada.
Definition of ``sedentary species''	(3) For the purposes of subsection (2), ``sedentary species'' means any living organism that, at the harvestable stage, either is immobile on or under the seabed or is unable to move except in constant physical contact with the seabed or subsoil.
1992, c. 31 [c. C-33.3]	Coasting Trade Act
	*66. (1) The definition ``continental shelf'' in subsection 2(1) of the Coasting Trade Act* is repealed.**
	(2) The definition ``Canadian waters'' in subsection 2(1) of the Act is replaced by the following:
``Canadian waters'' « eaux canadiennes »	``Canadian waters'' means the inland waters within the meaning of section 2 of the Customs Act, the internal waters of Canada and the territorial sea of Canada;
R.S., c. C-46	Criminal Code
1990, c. 44, s. 15	*67. Subsection 477(1) of the Criminal Code* is replaced by the following:**
Definition of ``ship''	477. (1) In sections 477.1 to 477.4, ``ship'' includes any description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation without regard to method or lack of propulsion.
1990, c. 44, s. 15	68. Section 477.1 of the Act is replaced by the following:
Offences outside of Canada	477.1 Every person who commits an act or omission that, if it occurred in Canada, would be an offence under a federal law, within the meaning of section 2 of the Oceans Act, is deemed to have committed that act or omission in Canada if it is an act or omission
	(a) in the exclusive economic zone of Canada that
	(i) is committed by a person who is in the exclusive economic zone of Canada in connection with exploring or exploiting, conserving or managing the natural resources, whether living or non-living, of the exclusive economic zone of Canada, and
	(ii) is committed by or in relation to a person who is a Canadian citizen or a permanent resident within the meaning of the Immigration Act;
	(b) that is committed in a place in or above the continental shelf of Canada and that is an offence in that place by virtue of section 20 of the Oceans Act;
	(c) that is committed outside Canada on board or by means of a ship registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
	(d) that is committed outside Canada in the course of hot pursuit; or
	(e) that is committed outside the territory of any state by a Canadian citizen.
1994, c. 44, s. 32	69. (1) Subsection 477.2(1) of the Act is replaced by the following:
Consent of Attorney General of Canada	477.2 (1) No proceedings in respect of an offence committed in or on the territorial sea of Canada shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.
1994, c. 44, s. 32	(2) Subsections 477.2(2) and (3) of the Act are replaced by the following:
Consent of Attorney General of Canada	(2) No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(a) or (b) shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.
Consent of Attorney General of Canada	(3) No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(d) or (e) shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced.
1990, c. 44, s. 15	70. (1) The portion of subsection 477.3(1) of the Act before paragraph (b) is replaced by the following:
Exercising powers of arrest, entry, etc.	477.3 (1) Every power of arrest, entry, search or seizure or other power that could be exercised in Canada in respect of an act or omission referred to in section 477.1 may be exercised, in the circumstances referred to in that section,
	(a) at the place or on board the ship or marine installation or structure, within the meaning of section 2 of the Oceans Act, where the act or omission occurred; or
1990, c. 44, s. 15	(2) Subsections 477.3(2) and (3) of the Act are replaced by the following:
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
	(a) committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, or
	(b) referred to in section 477.1
	in the same manner as if the offence had been committed in that territorial division.
Limitation	(3) Where an act or omission that is an offence by virtue only of section 477.1 is alleged to have been committed on board any ship registered outside Canada, the powers referred to in subsection (1) shall not be exercised outside Canada with respect to that act or omission without the consent of the Attorney General of Canada.
1990, c. 44, s. 15	71. (1) Subsections 477.4(1) and (2) of the Act are repealed.
1990, c. 44, s. 15; 1995, c. 5, par. 25(1)(g)	(2) Paragraphs 477.4(3)(a) and (b) of the Act are replaced by the following:
	(a) a certificate referred to in subsection 23(1) of the Oceans Act, or
	(b) a certificate issued by or under the authority of the Minister of Foreign Affairs containing a statement that any geographical location specified in the certificate was, at any time material to the proceedings, in an area of a fishing zone of Canada that is not within the internal waters of Canada or the territorial sea of Canada or outside the territory of any state,
	72. The Act is amended by adding the following after section 481:
Offence in Canadian waters	481.1 Where an offence is committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, proceedings in respect thereof may, whether or not the accused is in Canada, be commenced and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.
Offence outside Canada	481.2 Subject to this or any other Act of Parliament, where an act or omission is committed outside Canada and the act or omission, when committed in those circumstances, is an offence under this or any other Act of Parliament, proceedings in respect thereof may, whether or not the accused is in Canada, be commenced and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.
Appearance of accused at trial	481.3 For greater certainty, the provisions of this Act relating to
	(a) the requirement of the appearance of an accused at proceedings, and
	(b) the exceptions to that requirement
	apply to proceedings commenced in any territorial division pursuant to section 481, 481.1 or 481.2.