Bill C-27

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	1st Session, 36th Parliament, 46-47-48 Elizabeth II, 1997-98-99
	The House of Commons of Canada
	BILL C-27
	An Act to amend the Coastal Fisheries Protection Act and the Canada Shipping Act to enable Canada to implement the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and other international fisheries treaties or arrangements
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-33; R.S., c. 31 (1st Supp.), c. 39 (2nd Supp.); 1990, c. 44; 1992, c. 1; 1994, cc. 12, 14; 1996, c. 31	COASTAL FISHERIES PROTECTION ACT
	*1. (1) Section 2 of the Coastal Fisheries Protection Act* is renumbered as subsection 2(1).**
1994, c. 14, s. 1	(2) The definition ``straddling stock'' in subsection 2(1) of the Act is repealed.
	(3) The definitions ``government vessel'' and ``protection officer'' in subsection 2(1) of the Act are replaced by the following:
``government vessel'' « bateau de l'État »	``government vessel'' means, subject to subsection 17(2), any vessel that belongs to or is in the service of Her Majesty in right of Canada;
``protection officer'' « garde-pêche »	``protection officer'' means, subject to subsection 17(2),
	(a) a fishery officer within the meaning of the Fisheries Act,
	(b) a member of the Royal Canadian Mounted Police, or
	(c) any person authorized by the Governor in Council to enforce this Act;
	(4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
``Agree- ment'' « accord »	``Agreement'' means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks adopted by the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks in New York on August 4, 1995;
``fishing vessel of a participating state'' « bateau de pêche d'un État assujetti à l'accord »	``fishing vessel of a participating state'' means a foreign fishing vessel that has been issued, under the laws of a participating state, a registration number, licence or other document granting it the right to fly the flag of that state or that is otherwise entitled to fly the flag of that state;
``fishing vessel without nationality'' « bateau de pêche sans nationalité »	``fishing vessel without nationality'' means a fishing vessel that
	(a) has not been issued, under the laws of any state, a registration number, licence or other document granting it the right to fly the flag of that state,
	(b) sails under a flag that it is not entitled to fly,
	(c) does not sail under the flag of any state,
	(d) sails under the flag of two or more states, using them according to convenience, or
	(e) sails under the flag of a state that is not recognized by the international community;
``participating state'' « État assujetti à l'accord »	``participating state'' means a foreign state or an organization of foreign states prescribed by regulation;
	(5) Section 2 of the Act is amended by adding the following after subsection (1):
Meaning of ``state''	(2) In section 5.4, subparagraphs 6(f)(iv) and (vi), paragraphs 16.1(b) and 17(2)(b), sections 18.01 and 18.02 and paragraph 18.1(a.2), ``state'' includes an organization of foreign states.
	2. The Act is amended by adding the following after section 5.2:
Prohibition on fishing vessel of a participating state	5.3 No fishing vessel of a participating state shall, in an area of the sea designated under subparagraph 6(e)(ii),
	(a) contravene a measure or regulation designated under subparagraph 6(e)(i);
	(b) conceal, tamper with or dispose of anything that may afford evidence of a contravention of a measure or regulation designated under subparagraph 6(e)(i); or
	(c) conceal its identity or registration, including displaying a false marking, identity or registration.
Prohibition on fishing vessels of states party to treaties or arrangements	5.4 No fishing vessel of a state that is party to a treaty or arrangement described in paragraph 6(f) shall, in an area of the sea designated under subparagraph 6(f)(ii), contravene a measure or regulation designated under subparagraph 6(f)(i).
Prohibition on fishing vessels without nationality	5.5 No fishing vessel without nationality shall
	(a) in an area of the sea designated under subparagraph 6(e)(ii), fish or prepare to fish or contravene a measure or regulation designated under subparagraph 6(e)(i); or
	(b) in an area of the sea designated under subparagraph 6(f)(ii), fish or prepare to fish or contravene a measure or regulation designated under subparagraph 6(f)(i).
	3. (1) The portion of section 6 of the Act before paragraph (a) is replaced by the following:
Regulations	6. The Governor in Council may make regulations for carrying out the purposes and provisions of this Act including, but not limited to, regulations
	(2) Section 6 of the Act is amended by striking out the word ``and'' at the end of paragraph (d) and by replacing paragraph (e) with the following:
	(e) for the implementation of the Agreement, including regulations
	(i) incorporating by reference, or carrying out and giving effect to, any conservation or management measures of a regional fisheries management organization or arrangement established by two or more states, or by one or more states and an organization of states, for the purpose of the conservation or management of a straddling fish stock or highly migratory fish stock, and designating from amongst the measures incorporated by reference or regulations made under this subparagraph those the contravention of which is prohibited by paragraph 5.3(a),
	(ii) designating any area of the sea regulated by the regional fisheries management organization or arrangement,
	(iii) setting out the circumstances in which a person engaged or employed in the administration or enforcement of this Act may exercise, in a manner consistent with the Agreement and the measures incorporated by reference and the regulations made under subparagraph (i), the powers conferred by or under this Act and setting out any procedures to be followed in doing so,
	(iv) empowering the Minister to authorize a participating state to take enforcement action in respect of a Canadian fishing vessel,
	(v) respecting the manner of service and the giving and sending of summonses, notices, statements and other documents,
	(vi) permitting Her Majesty in right of Canada to recover any reasonable costs incurred as a result of the detention in port of a fishing vessel of a participating state, and
	(vii) prescribing a participating state for the purposes of this Act; and
	(f) for the implementation of the provisions of any other international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement, including regulations
	(i) incorporating by reference, or carrying out and giving effect to, any of those measures and designating from amongst the measures incorporated by reference or regulations made under this subparagraph those the contravention of which is prohibited by section 5.4,
	(ii) designating any area of the sea regulated by the treaty or arrangement,
	(iii) setting out the circumstances in which a person engaged or employed in the administration or enforcement of this Act may exercise, in a manner consistent with the treaty or arrangement and the measures incorporated by reference or regulations made under subparagraph (i), the powers conferred by or under this Act and setting out any procedures to be followed in doing so,
	(iv) empowering the Minister to authorize a state that is party to the treaty or arrangement to take enforcement action in respect of a Canadian fishing vessel,
	(v) respecting the manner of service and the giving and sending of summonses, notices, statements and other documents, and
	(vi) permitting Her Majesty in right of Canada to recover any reasonable costs incurred as a result of the detention in port of a fishing vessel of a state that is party to the treaty or arrangement.
	4. The Act is amended by adding the following after section 7:
Enforcement on high seas for unauthorized fishing in Canadian fisheries waters	7.01 (1) If a protection officer believes on reasonable grounds that a fishing vessel of a participating state or of a state party to a treaty or an arrangement described in paragraph 6(f) has engaged in unauthorized fishing in Canadian fisheries waters and the officer finds the vessel in an area of the sea designated under subparagraph 6(e)(ii) or (f)(ii), the officer may, with the consent of that state, take any enforcement action that is consistent with this Act.
Powers in case of pursuit not affected	(2) Subsection (1) does not affect any powers the protection officer may have in the case of
	5. Section 8 of the Act is replaced by the following:
Arrest	8. A protection officer may arrest without warrant any person who the officer believes on reasonable grounds has committed an offence under this Act.
	6. The portion of section 9 of the Act before paragraph (a) is replaced by the following:
Seizure	9. A protection officer who believes on reasonable grounds that an offence under this Act has been committed may seize
	7. The portion of section 14 of the English version of the Act before paragraph (a) is replaced by the following:
Forfeiture	14. When a person or a fishing vessel is convicted of an offence under this Act, the convicting court or judge may, in addition to any other punishment imposed, order that
	8. The Act is amended by adding the following after section 16:
Powers of protection officer re: fishing vessel of a state that is party to the Agreement, a treaty or an arrangement	16.1 Despite the geographic limitations referred to in section 7, any power conferred on a protection officer by or under this Act may be exercised by the officer
	(a) subject to section 16.2 and to any regulation made under subparagraph 6(e)(iii), in respect of a fishing vessel of a participating state found in an area of the sea designated under subparagraph 6(e)(ii);
	(b) subject to any regulation made under subparagraph 6(f)(iii), in respect of a fishing vessel of a state party to a treaty or an arrangement described in paragraph 6(f) when the vessel is found in an area of the sea designated under subparagraph 6(f)(ii); or
	(c) in respect of a fishing vessel without nationality found in an area of the sea designated under subparagraph 6(e)(ii) or (f)(ii).
Powers of protection officer	16.2 (1) A protection officer may, in an area of the sea designated under subparagraph 6(e)(ii), board and inspect a fishing vessel of a participating state to ensure compliance with section 5.3 and any regulations made under subparagraph 6(e)(i). An officer who believes on reasonable grounds that the vessel has contravened section 5.3 may, with a warrant issued under section 7.1 or without a warrant in exigent circumstances, search the vessel and exercise the power under section 9 to seize evidence.
Notice to participating state	(2) If the protection officer believes on reasonable grounds that the vessel has contravened section 5.3, the officer shall without delay inform the participating state.
Deemed consent	(3) In addition to the powers referred to in subsection (1), a protection officer may, with the consent of the participating state, exercise any powers referred to in section 16.1. The officer is deemed to have received the consent of the state if the state
	(a) has not responded within the period prescribed by regulation; or
	(b) has responded but is not fully investigating the alleged contravention.
	9. Section 17 of the Act is renumbered as subsection 17(1) and is amended by adding the following:
Meaning of government vessel and protection officer	(2) In subsection (1), ``government vessel'' also includes a vessel that belongs to or is in the service of, and ``protection officer'' also includes an enforcement official of,
	(a) a participating state if the vessel or official, as the case may be, is acting in the performance of their duties in relation to the Agreement; or
	(b) a state that is party to a treaty or arrangement described in paragraph 6(f) if the vessel or official, as the case may be, is acting in the performance of their duties in relation to the treaty or arrangement.
1994, c. 14, s. 6(2)	10. The portion of subsection 18(2) of the Act before paragraph (a) is replaced by the following:
Offence and punishment	(2) Every person who contravenes any of paragraphs 4(1)(b) to (e), section 5 or the regulations and every fishing vessel that contravenes any of sections 5.3 to 5.5 or the regulations is guilty of an offence and liable
	11. The Act is amended by adding the following after section 18:
Proof of offence by a fishing vessel of a particpating state	18.01 (1) In a prosecution of a fishing vessel of a participating state or a state that is party to a treaty or arrangement described in paragraph 6(f) or of a fishing vessel without nationality for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by a person on board the vessel, whether or not the person is identified or has been prosecuted for the offence.
Appearance of vessel	(2) A fishing vessel on which a summons is served must appear by counsel or agent.
Trial if vessel does not appear	(3) If a fishing vessel does not appear, the court may, on proof of service of the summons, proceed with the trial in the absence of the vessel.
Proceedings on indictment	(4) For greater certainty, subsection (3) applies in respect of a trial on an indictment.
Fines	18.02 The amount of the fine imposed on a fishing vessel of a participating state or a state that is party to a treaty or arrangement described in paragraph 6(f) or on a fishing vessel without nationality that is convicted of an offence under this Act is a debt due to Her Majesty in right of Canada owed by the person who, at the time the offence was committed, was lawfully entitled to possession of the vessel, whether as owner or as charterer.
	12. Section 18.1 of the Act is amended by striking out the word ``or'' at the end of paragraph (a) and by adding the following after paragraph (a):
	(a.1) in an area of the sea designated under subparagraph 6(e)(ii) on board or by means of a fishing vessel of a participating state or of a fishing vessel without nationality;

Bill C-27

BILL C-27

COASTAL FISHERIES PROTECTION ACT