Bill C-43

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First Reading

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	2nd Session, 37th Parliament, 51-52 Elizabeth II, 2002-2003
	House of Commons of Canada
	BILL C-43
	An Act to amend the Fisheries Act
R.S., c. F-14	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	1. Section 2 of the Fisheries Act is amended by adding the following in alpha betical order:
``aboriginal organization'' « organisa- tion autochtone »	``aboriginal organization'' means an Indian band, an Indian band council, a tribal council, an organization that represents a territorially based aboriginal community or any other entity prescribed by regulation under paragraph 43(n);
	2. The Act is amended by adding the following after section 9:
Compliance with terms and conditions of licences, leases, etc.	10. (1) Every one acting under the authority of a permission granted under section 4 or of a lease or licence issued under this Act shall comply with its terms and conditions.
Statutory Instruments Act	(2) For greater certainty, written permissions, licences and leases issued under this Act, and the terms and conditions of those permissions, licences and leases, are not statutory instruments within the meaning of the Statutory Instruments Act.
Terms and conditions of certain licences prevail	11. In the event of an inconsistency between the terms and conditions of a licence of a type prescribed by regulation under paragraph 43(g.03) that is issued to an aboriginal organization and the provisions of regulations included in a list established under that paragraph, the terms and conditions of the licence prevail to the extent of the inconsistency.
	3. (1) Section 43 of the Act is amended by adding the following after paragraph (g):
	(g.01) in the case of a licence issued to an aboriginal organization, respecting the designation of persons who may fish and the fishing vessels that may be used under the licence and any other matter concerning designations, including the method of designation and who may designate those persons and vessels;
	(g.02) authorizing the person who issues a licence to an aboriginal organization to specify as a term or condition of the licence any matter respecting the designation of persons who may fish or of fishing vessels that may be used under the licence, including the method of designation and who may designate those persons and vessels;
	(g.03) prescribing types of licences, and establishing a list of regulations, for the purpose of section 11;
	(2) Section 43 of the Act is amended by striking out the word ``and'' at the end of paragraph (l), by adding the word ``and'' at the end of paragraph (m) and by adding the following after paragraph (m):
	(n) prescribing an entity for the purpose of the definition ``aboriginal organization'' in section 2.
Coming into force	4. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.