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Bill S-238

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First Session, Forty-second Parliament,

64-65-66 Elizabeth II, 2015-2016-2017

SENATE OF CANADA

BILL S-238
An Act to amend the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (importation of shark fins)

FIRST READING, April 11, 2017

THE HONOURABLE SENATOR MacDonald

4211630


SUMMARY

This enactment amends the Fisheries Act to prohibit the practice of shark finning.

It also amends the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to prohibit the importation in Canada of shark fins that are not attached to the shark carcass.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


1st Session, 42nd Parliament,

64-65-66 Elizabeth II, 2015-2016-2017

SENATE OF CANADA

BILL S-238

An Act to amend the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (importation of shark fins)

Whereas in 1994 the Canadian Government banned shark finning — namely, the practice of removing the fins from live sharks and discarding the remainder of the sharks while at sea — in Canadian fisheries waters and with respect to Canadian licensed vessels fishing outside of Canada’s exclusive economic zone;

Whereas Canadians are increasingly aware of the devastating effect of the continuing practice of shark finning and the resulting decline in shark species in Canadian waters and around the world, and are in support of measures to stop this practice and ensure the responsible conservation, management and exploitation of sharks;

And whereas the importation of shark fins is not justifiable in the face of the dramatic decline in shark species and losses in shark populations worldwide;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short Title

1This Act may be cited as the Ban on Shark Fin Importation Act.

R.‍‍S.‍‍, c. F-14

Fisheries Act

2The Fisheries Act is amended by adding the following after section 31:

Prohibition

Start of inserted block

32(1)No person shall engage in the practice of shark finning.

End of inserted block

Definition of shark finning

Start of inserted block

(2)In this section, shark finning means the practice of removing the fins from live sharks and discarding the remainder of the sharks while at sea.

End of inserted block

1992, c. 52

Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

3Section 6 of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act is amended by adding the following after subsection (1):

Importation of shark fins

Start of inserted block

(1.‍1)No person shall, except under and in accordance with a permit issued pursuant to subsection 10(1.‍‍1), import, or attempt to import, into Canada shark fins that are not attached to a shark carcass.

End of inserted block

4Section 10 of the Act is amended by adding the following after subsection (1):

Permit — importation of shark fins

Start of inserted block

(1.‍1)The Minister may, on application and on such terms and conditions as the Minister thinks fit, issue a permit authorizing the importation of shark fins that are not attached to a shark carcass if the Minister is of the opinion that

  • (a)the importation is for the purpose of scientific research relating to shark conservation that is conducted by qualified persons; and

  • (b)the activity benefits the survival of shark species or is required to enhance their chance of survival in the wild.

    End of inserted block
Published under authority of the Senate of Canada



EXPLANATORY NOTES

Fisheries Act
Clause 2:New.
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act
Clause 3:New.
Clause 4:New.

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