An Act to amend the Fisheries Act and other Acts in consequence (S.C. 2019, c. 14)
Full Document:
- HTMLFull Document: An Act to amend the Fisheries Act and other Acts in consequence (Accessibility Buttons available) |
- PDFFull Document: An Act to amend the Fisheries Act and other Acts in consequence [812 KB]
Assented to 2019-06-21
An Act to amend the Fisheries Act and other Acts in consequence
S.C. 2019, c. 14
Assented to 2019-06-21
An Act to amend the Fisheries Act and other Acts in consequence
RECOMMENDATION
Her 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 to amend the Fisheries Act and other Acts in consequence”.
SUMMARY
This enactment amends the Fisheries Act to, among other things,
(a) require that, when making a decision under that Act, the Minister shall consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, include provisions respecting the consideration and protection of Indigenous knowledge of the Indigenous peoples of Canada, and authorize the making of agreements with Indigenous governing bodies to further the purpose of the Fisheries Act;
(b) add a purpose clause and considerations for decision-making under that Act;
(c) empower the Minister to establish advisory panels and to set fees, including for the provision of regulatory processes;
(d) provide measures for the protection of fish and fish habitat with respect to works, undertakings or activities that may result in the death of fish or the harmful alteration, disruption or destruction of fish habitat, including in ecologically significant areas, as well as measures relating to the modernization of the regulatory framework such as authorization of projects, establishment of standards and codes of practice, creation of fish habitat banks by a proponent of a project and establishment of a public registry;
(e) empower the Governor in Council to make new regulations, including regulations respecting the rebuilding of fish stocks and importation of fish;
(f) empower the Minister to make regulations for the purposes of the conservation and protection of marine biodiversity;
(g) empower the Minister to make fisheries management orders prohibiting or limiting fishing for a period of 45 days to address a threat to the proper management and control of fisheries and the conservation and protection of fish;
(h) prohibit the fishing of a cetacean with the intent to take it into captivity, unless authorized by the Minister, including when the cetacean is injured, in distress or in need of care; and
(i) update and strengthen enforcement powers, as well as establish an alternative measures agreements regime; and
(j) provide for the implementation of various measures relating to the maintenance or rebuilding of fish stocks.
The enactment also makes consequential amendments to other Acts.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. F-14Fisheries Act
Marginal note:2012, c. 19, s. 133(3), c. 31, s. 175
1 (1) The definitions commercial, Indigenous and recreational in subsection 2(1) of the Fisheries Act are repealed.
Marginal note:2012, c. 19, s. 133(3), c. 31, s. 175
(2) The definition Aboriginal in subsection 2(1) of the English version of the Act is repealed.
Marginal note:R.S., c. 35 (1st Supp.), s. 5
(3) The definition pêcherie in subsection 2(1) of the French version of the Act is repealed.
Marginal note:2012, c. 19, s. 133(2)
(4) The definition analyst in subsection 2(1) of the Act is replaced by the following:
- analyst
analyst means a person who is designated under subsection 56.1(1) to perform the functions of an analyst; (analyste)
Marginal note:2012, c. 19, s. 133(3)
(5) The definition fish habitat in subsection 2(1) of the Act is replaced by the following:
- fish habitat
fish habitat means water frequented by fish and any other areas on which fish depend directly or indirectly to carry out their life processes, including spawning grounds and nursery, rearing, food supply and migration areas; (habitat)
Marginal note:R.S., c. 35 (1st Supp.), s. 5
(6) The definition fishery in subsection 2(1) of the English version of the Act is replaced by the following:
- fishery
fishery with respect to any fish, includes,
(a) any of its species, populations, assemblages and stocks, whether the fish is fished or not,
(b) any place where fishing may be carried on,
(c) any period during which fishing may be carried on,
(d) any method of fishing used, and
(e) any type of fishing gear or equipment or fishing vessel used; (pêche)
Marginal note:2012, c. 19, s. 133(3), c. 31, s. 175
(7) The definitions autochtone and pêche in subsection 2(1) of the French version of the Act are replaced by the following:
- Indigenous
autochtone Se dit, à l’égard de la pêche pratiquée par une organisation autochtone ou ses membres, de celle pratiquée à des fins de consommation personnelle, à des fins sociales ou cérémoniales ou à des fins prévues dans un accord sur des revendications territoriales conclu avec une organisation autochtone ou ses membres, conformément à la reconnaissance et à la confirmation des droits des peuples autochtones et des droits issus de traités au titre de l’article 35 de la Loi constitutionnelle de 1982 ou à des fins prévues dans toute mesure de mise en œuvre des droits convenue entre la Couronne et les peuples autochtones. (Indigenous)
- fishery
pêche S’entend de l’action de capturer ou de tenter de capturer du poisson par tout moyen et, en outre, notamment des espèces, populations, assemblages et stocks de poissons pêchés ou non, du lieu ou de la période où il est permis de pêcher ou de la méthode ou des types d’engins, d’équipements ou de bateaux de pêche utilisés. (fishery et fishing)
(8) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
- Indigenous governing body
Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982; (corps dirigeant autochtone)
- Indigenous peoples of Canada
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982; (peuples autochtones du Canada)
- laws
laws includes the by-laws made by an Indigenous governing body; (lois)
(9) Subsection 2(1) of the English version of the Act is amended by adding the following in alphabetical order:
- Indigenous
Indigenous, in relation to a fishery, means that fish is harvested by an Indigenous organization or any of its members pursuant to the recognition and affirmation of Aboriginal and treaty rights in section 35 of the Constitution Act, 1982 or for any purposes set out in any rights implementation measure as agreed to by the Crown and Indigenous peoples; (autochtone)
Marginal note:2012, c. 19, s. 133(4)
(10) Subsection 2(2) of the Act is repealed.
Marginal note:R.S., c. 35 (1st Supp.), s. 2
2 The heading “Purposes” after section 2 of the English version of the Act is replaced by the following:
Purpose
3 The Act is amended by adding the following after the heading “Purposes” after section 2:
Marginal note:Purpose of Act
2.1 The purpose of this Act is to provide a framework for
(a) the proper management and control of fisheries; and
(b) the conservation and protection of fish and fish habitat, including by preventing pollution.
Territorial Application
Marginal note:Application
2.2 (1) This Act applies in Canada, and also to
(a) Canadian fisheries waters; and
(b) with respect to a sedentary species, any portion of the continental shelf of Canada that is beyond the limits of Canadian fisheries waters.
Marginal note:Definition of sedentary species
(2) For the purpose of paragraph (1)(b), sedentary species means any organism that, at the harvestable stage, either is immobile on or under the seabed or is unable to move except by remaining in constant physical contact with the seabed or subsoil.
Indigenous Peoples of Canada
Marginal note:Rights of Indigenous peoples of Canada
2.3 This Act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.
Marginal note:Duty of Minister
2.4 When making a decision under this Act, the Minister shall consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
Considerations
Marginal note:Considerations for decision making
2.5 Except as otherwise provided in this Act, when making a decision under this Act, the Minister may consider, among other things,
(a) the application of a precautionary approach and an ecosystem approach;
(b) the sustainability of fisheries;
(c) scientific information;
(d) Indigenous knowledge of the Indigenous peoples of Canada that has been provided to the Minister;
(e) community knowledge;
(f) cooperation with any government of a province, any Indigenous governing body and any body — including a co-management body — established under a land claims agreement;
(g) social, economic and cultural factors in the management of fisheries;
(h) the preservation or promotion of the independence of licence holders in commercial inshore fisheries; and
(i) the intersection of sex and gender with other identity factors.
4 The Act is amended by adding the following after section 4:
Advisory Panels
Marginal note:Minister may establish advisory panels
4.01 (1) The Minister may, in order to carry out the purpose of this Act, establish advisory panels and provide for their membership, functions and operation.
Marginal note:Remuneration of members
(2) Members of an advisory panel established under subsection (1) are to be paid any amount that is fixed by the Governor in Council for each day that they attend any of the advisory panel’s meetings.
Marginal note:Expenses
(3) The members are also entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the panel while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members.
Marginal note:2012, c. 19, s. 134
5 (1) The portion of subsection 4.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Minister may enter into agreements
4.1 (1) The Minister may enter into an agreement with any government of a province, any Indigenous governing body and any body — including a co-management body — established under a land claims agreement, to further the purpose of this Act, including an agreement with respect to one or more of the following:
Marginal note:2012, c. 19, s. 134
(2) Paragraph 4.1(2)(h) of the Act is replaced by the following:
(h) the circumstances and manner in which the government of the province or the Indigenous governing body is to provide information on the administration and enforcement of a provision of the laws of the province or the Indigenous governing body that the agreement provides is equivalent in effect to a provision of the regulations.
Marginal note:2012, c. 19, s. 134
(3) Subsection 4.1(4) of the Act is replaced by the following:
Marginal note:Agreements to be published
(4) Subject to subsections (5) to (8), the Minister shall publish an agreement in the manner that he or she considers appropriate.
Marginal note:Publication of negotiated agreement
(5) Before any agreement that is negotiated for the purposes of section 4.2 is entered into, the Minister shall publish the agreement, or give notice of its availability, in Part I of the Canada Gazette and in any other manner that he or she considers appropriate.
Marginal note:Comments
(6) Within 60 days after the publication of an agreement or the giving of notice of its availability, any person may file comments with the Minister.
Marginal note:Publication by Minister of results
(7) After the end of the 60-day period, the Minister shall publish in Part I of the Canada Gazette and in any other manner that he or she considers appropriate a report that summarizes how any comments were dealt with or a notice of the availability of that report.
Marginal note:Publication of final agreements
(8) The Minister shall publish any final agreement, or give notice of its availability, in Part I of the Canada Gazette and in any other manner that he or she considers appropriate.
Marginal note:Rights of Indigenous peoples
(9) An agreement entered into under subsection (1) must respect the rights recognized and affirmed by section 35 of the Constitution Act, 1982.
Marginal note:2012, c. 19, s. 134
6 Subsections 4.2(1) to (4) of the Act are replaced by the following:
Marginal note:Declaration of equivalent provisions
4.2 (1) If an agreement entered into under section 4.1 provides that there is in force a provision of the laws of the province or the Indigenous governing body that is equivalent in effect to a provision of the regulations, the Governor in Council may, by order, declare that certain provisions of this Act or of the regulations do not apply in the province or the territory governed by the Indigenous governing body, as the case may be, with respect to the subject matter of the provision of the laws of the province or the Indigenous governing body.
Marginal note:Non-application of provisions
(2) Except with respect to Her Majesty in right of Canada, the provisions of this Act or of the regulations that are set out in the order do not apply within the province or the territory governed by the Indigenous governing body, as the case may be, with respect to the subject matter of the provision of the laws of the province or the Indigenous governing body.
Marginal note:Revocation
(3) The Governor in Council may revoke the order if the Governor in Council is satisfied that the provision of the laws of the province or the Indigenous governing body, as the case may be, is no longer equivalent in effect to the provision of the regulations or is not being adequately administered or enforced.
Marginal note:Notice
(4) The Governor in Council may revoke the order only if the Minister has given notice of the proposed revocation to the government of the province or to the Indigenous governing body, as the case may be.
7 The Act is amended by adding the following after section 5:
Marginal note:Exercise of powers
5.1 Every power that may be exercised in Canada by a fishery officer or fishery guardian under this Act may be exercised anywhere this Act applies.
Marginal note:2012, c.19, s. 135
8 Section 6 of the Act and the heading before it are repealed.
Marginal note:2012, c. 19, s. 135
9 Section 6.1 of the Act is replaced by the following:
Fish Stocks
Marginal note:Measures to maintain fish stocks
6.1 (1) In the management of fisheries, the Minister shall implement measures to maintain major fish stocks at or above the level necessary to promote the sustainability of the stock, taking into account the biology of the fish and the environmental conditions affecting the stock.
Marginal note:Limit reference point
(2) If the Minister is of the opinion that it is not feasible or appropriate, for cultural reasons or because of adverse socio-economic impacts, to implement the measures referred to in subsection (1), the Minister shall set a limit reference point and implement measures to maintain the fish stock above that point, taking into account the biology of the fish and the environmental conditions affecting the stock.
Marginal note:Publication of decision
(3) If the Minister sets a limit reference point in accordance with subsection (2), he or she shall publish the decision to do so, within a reasonable time and with reasons, on the Internet site of the Department of Fisheries and Oceans.
Marginal note:Plan to rebuild
6.2 (1) If a major fish stock has declined to or below its limit reference point, the Minister shall develop a plan to rebuild the stock above that point in the affected area, taking into account the biology of the fish and the environmental conditions affecting the stock, and implement it within the period provided for in the plan.
Marginal note:Amendment
(2) If the Minister is of the opinion that such a plan could result in adverse socio-economic or cultural impacts, the Minister may amend the plan or the implementation period in order to mitigate those impacts while minimizing further decline of the fish stock.
Marginal note:Endangered or threatened species
(3) Subsection (1) does not apply if the affected fish stock is an endangered species or a threatened species under the Species at Risk Act or if the implementation of international management measures by Canada does not permit it.
Marginal note:Publication of decision
(4) If the Minister amends a plan in accordance with subsection (2) or decides not to make one in accordance with subsection (3), he or she shall publish the decision to do so, within a reasonable time and with reasons, on the Internet site of the Department of Fisheries and Oceans.
Marginal note:Restoration measures
(5) In the management of fisheries, if the Minister is of the opinion that the loss or degradation of the stock’s fish habitat has contributed to the stock’s decline, he or she shall take into account whether there are measures in place aimed at restoring that fish habitat.
Marginal note:Regulations
6.3 The major fish stocks referred to in sections 6.1 and 6.2 are to be prescribed by regulations.
Page Details
- Date modified: