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Bill C-62

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First Reading

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	RECOMMENDATION
	His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act respecting fisheries''.
	SUMMARY
	This enactment streamlines and modernizes the Fisheries Act.
	Part I provides a regime for the conservation and management of fisheries. It allows the Minister of Fisheries and Oceans to issue domestic and foreign fishing licences, conclude agreements with groups in a fishery and issue fisheries management orders.
	Part II provides a regime for the protection and management of fish habitat.
	Part III establishes fisheries tribunals on the Atlantic and Pacific coasts and provides a system of licence sanctions for fisheries violations to be administered by those tribunals.
	Part IV provides the Minister of Fisheries and Oceans and the Department of Fisheries and Oceans with the necessary authority to administer and enforce the enactment.
	EXPLANATORY NOTES
	Arctic Waters Pollution Prevention Act
	Clause 187: Section 27 reads as follows:
	27. (1) The provisions of sections 74 to 77 of the Fisheries Act apply, with such modifications as the circumstances require, in respect of any ship and cargo forfeited under this Act as though the ship and cargo were, respectively, a vessel and goods forfeited under subsection 72(1) of that Act.
	(2) References to ``the Minister'' in sections 75 and 76 of the Fisheries Act shall, in applying those sections for the purposes of this Act, be read as references to the Governor in Council and the phrase ``other than a person convicted of the offence that resulted in the forfeiture or a person in whose possession the vessel, vehicle, article, goods or fish were when seized'' shall be deemed to include a reference to the owner of the ship where it is the ship that is convicted of the offence that results in the forfeiture.
	Coasting Trade Act
	Clause 188: The relevant portion of subsection 3(2) reads as follows:
	(2) Subsection (1) does not apply in respect of any foreign ship or non-duty paid ship that is
	(a) used as a fishing vessel, as defined by the Coastal Fisheries Protection Act, in any activity governed by that Act and that does not carry any goods or passengers other than goods or passengers incidental to any activity governed by that Act;
	Contraventions Act
	Clause 189: This amendment would repeal a provi sion repealing the heading preceding section 79.7 and section 79.7 of the Fisheries Act.
	Criminal Code
	Clause 190: The relevant portion of the definition ``peace officer'' in section 2 reads as follows:
	``peace officer'' includes
	...
	(e) a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal Fisheries Protection Act,
	Energy Efficiency Act
	Clause 191: Section 18 reads as follows:
	18. Sections 74 to 76 of the Fisheries Act apply, with such modifications as 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 72(1) of that Act.
	Fishing and Recreational Harbours Act
	Clause 193: Subsection 16(3) reads as follows:
	(3) Sections 74 to 77 of the Fisheries Act applies, with such modifications as the circumstances require, in respect of anything forfeited under subsection (2) as though it were an article forfeited under subsection 72(1) of that Act.
	National Energy Board Act
	Clause 194: The relevant portion of the definition ``appropriate authority'' in subsection 108(1) reads as follows:
	``appropriate authority'' means
	(a) with respect to a navigable water, the Minister of Transport,
	Navigable Waters Protection Act
	Clause 195: The definition ``Minister'' in section 2 reads as follows:
	``Minister'' means the Minister of Transport;
	Northwest Territories Waters Act
	Clause 196: Subsection 15(5) reads as follows:
	(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 made under subsection 36(5) of the Fisheries Act 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 Act
	Clause 197: This amendment would repeal a provi sion amending paragraph (d) of the definition ``judge'' in section 74 of the Fisheries Act.
	Precious Metals Marking Act
	Clause 198: Subsection 11(3) reads as follows:
	(3) Sections 74 to 76 of the Fisheries Act applies, with such modifications as the circumstances require, in respect of any article or printed or written matter forfeited under subsection (1) or (2) as though that article or matter were an article forfeited under subsection 72(1) of that Act.
	Radiation Emitting Devices Act
	Clause 203: Subsection 16(4) reads as follows:
	(4) The provisions of sections 74 to 76 of the Fisheries Act apply with such modifications as the circumstances require to any radiation emitting device forfeited under this section as though that device were an article forfeited under subsection 72(1) of that Act.
	Textile Labelling Act
	Clause 204: Subsection 16(2) reads as follows:
	(2) Sections 74 to 76 of the Fisheries Act apply, with such modifications as the circumstances require, to any textile fibre product or other thing forfeited under this section as though that textile fibre product or other thing were an article forfeited under subsection 72(1) of that Act.
	Yukon Waters Act
	Clause 205: Subsection 15(5) reads as follows:
	(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 made under subsection 36(5) of the Fisheries Act 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.