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Bill C-62

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First Reading

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R.S., c. N-7	National Energy Board Act
	194. *Paragraph (a) of the definition ``appropriate authority'' in subsection 108(1) of the National Energy Board Act* is replaced by the following:**
	(a) with respect to a navigable water, the Minister of Fisheries and Oceans , and
R.S., c. N-22	Navigable Waters Protection Act
	195. *The definition ``Minister'' in section 2 of the Navigable Waters Protection Act* is replaced by the following:**
``Minister « ministre »	``Minister'' means the Minister of Fisheries and Oceans ;
1992, c. 39	Northwest Territories Waters Act
	196. *Subsection 15(5) of the Northwest Territories Waters Act* is replaced by the following:**
Conditions relating to waste, where regulations under Fisheries Act apply	(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 referred to in paragraph 50(2)(b) 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.
1993, c. 28	Nunavut Act
	197. *Section 61 of Schedule III to the Nunavut Act* and the heading before it are repealed.**
R.S., c. P-19	Precious Metals Marking Act
	198. *Subsection 11(3) of the Precious Metals Marking Act* is replaced by the following:**
Protection of persons claiming interest	(3) Sections 144 to 152 of the Fisheries Act apply , with such modifications as the circum stances require, to any article or printed or written matter forfeited under this section as though it were a thing forfeited under subsec tion 137(2) of that Act.
R.S., c. P-21	Privacy Act
	*199. The schedule to the Privacy Act* is amended by adding the following in alpha betical order under the heading ``Other Government Institutions'':**
	Atlantic Fisheries Tribunal
	Office des pêches de l'Atlantique
	Pacific Fisheries Tribunal
	Office des pêches du Pacifique
1991, c. 30	Public Sector Compensation Act
	*200. Schedule I to the Public Sector Compensation Act* is amended by adding the following in alphabetical order under the heading ``Other Portions of the Public Ser vice'':**
	Atlantic Fisheries Tribunal
	Office des pêches de l'Atlantique
	Pacific Fisheries Tribunal
	Office des pêches du Pacifique
R.S., c. P-35	Public Service Staff Relations Act
	*201. Part I of Schedule I to the Public Service Staff Relations Act* is amended by adding the following in alphabetical order:**
	Atlantic Fisheries Tribunal
	Office des pêches de l'Atlantique
	Pacific Fisheries Tribunal
	Office des pêches du Pacifique
R.S., c. P-36	Public Service Superannuation Act
	*202. Part II of Schedule I to the Public Service Superannuation Act* is amended by adding the following in alphabetical order:**
	Atlantic Fisheries Tribunal
	Office des pêches de l'Atlantique
	Pacific Fisheries Tribunal
	Office des pêches du Pacifique
R.S., c. R-1	Radiation Emitting Devices Act
	203. *Subsection 16(4) of the Radiation Emitting Devices Act* is replaced by the following:**
Protection of persons claiming interest	(4) Sections 144 to 152 of the Fisheries Act apply, with such modifications as the circum stances require, to any radiation emitting device forfeited under this section as though it were a thing forfeited under subsection 137(2) of that Act.
R.S., c. T-10	Textile Labelling Act
	204. *Subsection 16(2) of the Textile Label ling Act* is replaced by the following:**
Protection of persons claiming interest	(2) Sections 144 to 152 of the Fisheries Act apply, with such modifications as the circum stances require, to any textile fibre product or other thing forfeited under this section as though it were a thing forfeited under subsec tion 137(2) of that Act.
1992, c. 40	Yukon Waters Act
	205. *Subsection 15(5) of the Yukon Waters Act* is replaced by the following:**
Conditions relating to waste, where regulations under Fisheries Act apply	(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 referred to in paragraph 50(2)(b) 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.
	REPEALS
Repeal of R.S., c. A-14	*206. The Atlantic Fisheries Restructuring Act* is repealed.**
Repeal of R.S., c. C-33	*207. The Coastal Fisheries Protection Act* is repealed.**
Repeal of R.S., c. F-14	*208. The Fisheries Act* is repealed.**
Repeal of R.S., c. F-21	*209. The Fisheries Development Act* is repealed.**
Repeal of R.S., c. F-33	*210. The Pacific Fur Seals Convention Act* is repealed.**
	CONDITIONAL AMENDMENTS
Bill C-25	211. If Bill C-25, introduced during the second session of the thirty-fifth Parliament and entitled An Act respecting regulations and other documents, including the review, registration, publication and parliamentary scrutiny of regulations and other documents, and to make consequential and related amendments to other Acts, is assented to, then,
	(a) on the later of the day on which section 27 of that Act comes into force and the day on which section 22 of this Act comes into force, section 22 of this Act and the heading before it are replaced by the following:
	Exemption from Regulations Act
Non- application of regulatory process	22. The regulatory process set out in the Regulations Act does not apply to fisheries management orders and fisheries manage ment agreements.
	(b) on the later of the day on which section 27 of that Act comes into force and the day on which subsection 48(4) of this Act comes into force, subsection 48(4) of this Act is replaced by the following:
Non- application of regulatory process	(4) The regulatory process set out in the Regulations Act does not apply to orders made under subsection (2).
Bill C-26 - prior assent	212. (1) If Bill C-26, introduced during the second session of the thirty-fifth Parlia ment and entitled An Act respecting the oceans of Canada, is assented to before this Act is assented to, then,
	(a) on the later of the day on which section 55 of that Act comes into force and the day on which subsection 4(3) of this Act comes into force, subsection 4(3) of this Act is repealed;
	(b) on the later of the day on which section 55 of that Act comes into force and the day on which section 37 of this Act comes into force, the portion of section 37 of this Act before paragraph (a) is replaced by the following:
Application of criminal law	37. An act or omission that, if it occurred in Canada, would be an offence under a federal law, within the meaning of section 2 of the Oceans Act, is deemed to have been com mitted in Canada if it occurs, in the course of enforcing this Act,
	(c) on the later of the day on which section 55 of that Act comes into force and the day on which subsection 38(4) of this Act comes into force, subsection 38(4) of this Act is repealed; and
	(d) on the later of the day on which section 55 of that Act comes into force and the day on which subsection 144(1) of this Act comes into force, subsection 144(1) of this Act is replaced by the following:
Application by person claiming interest	144. (1) Where any thing, other than fishing gear or equipment that has been disposed of pursuant to subsection 140(2) or fish, is forfeited, any person who claims an interest in the thing may, within a period of thirty days after receiving the notice of forfeiture, apply for an order under section 147 to the superior court of the province in which the seizure took place or that has jurisdiction with respect to the seizure pursuant to section 22 of the Oceans Act.
Bill C-26 - non-assent	(2) If Bill C-26, introduced during the second session of the thirty-fifth Parliament and entitled An Act respecting the oceans of Canada, is not assented to before this Act is assented to, then, on the day on which this Act is assented to,
	(a) section 2 of this Act is amended by adding the following in alphabetical or der:
``Canadian waters'' « eaux canadien- nes »	``Canadian waters'' includes the territorial sea of Canada and the internal waters of Cana da, as those expressions are defined in sub section 2(1) of the Canadian Laws Offshore Application Act;
``continental shelf'' « plateau continental »	``continental shelf'', in relation to Canada, means the continental shelf of Canada as determined in accordance with section 4.4;
``exclusive economic zone'' « zone économique exclusive »	``exclusive economic zone'', in relation to Canada, means the exclusive economic zone of Canada as determined in accor dance with section 4.1, and includes the seabed and subsoil below that zone;
	(b) this Act is amended by adding the following after section 4:
Exclusive economic zone of Canada	4.1 (1) The exclusive economic zone of Canada consists of an area of the sea beyond and adjacent to the territorial sea of Canada that has as its inner limit the outer limit of the territorial sea of Canada and as its outer limit
	(a) subject to paragraph (b), the line every point of which is at a distance of 200 nautical miles from the nearest point of the baselines of the territorial sea of Canada; or
	(b) in respect of a portion of the exclusive economic zone of Canada for which geo graphical coordinates of points have been prescribed pursuant to paragraph 4.8(a), lines determined from the geographical coordinates of points so prescribed.
Determina- tion of the outer limit of the exclusive economic zone of Canada	(2) For greater certainty, paragraph (1)(a) applies regardless of whether regulations are made pursuant to paragraph 4.8(b) prescribing geographical coordinates of points from which the outer limit of the exclusive econom ic zone of Canada may be determined.
Sovereign rights and jurisdiction of Canada	4.2 Canada has
	(a) sovereign rights in the exclusive eco nomic zone of Canada for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjac ent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and explora tion of the exclusive economic zone of Canada, such as the production of energy from the water, currents and winds;
	(b) jurisdiction in the exclusive economic zone of Canada with regard to
	(i) the establishment and use of artificial islands, installations and structures,
	(ii) marine scientific research, and
	(iii) the protection and preservation of the marine environment; and
	(c) other rights and duties in the exclusive economic zone of Canada provided for under international law.
Rights of Her Majesty	4.3 (1) For greater certainty, any rights of Canada in the seabed and subsoil below the exclusive economic zone of Canada and the resources in that seabed and subsoil are vested in Her Majesty in right of Canada.
Saving	(2) Nothing in this section abrogates or derogates from any legal right or interest held before February 4, 1991.
Continental shelf of Canada	4.4 (1) The continental shelf of Canada is the seabed and subsoil of the submarine areas, including those of the exclusive economic zone of Canada, that extend beyond the territorial sea of Canada throughout the natu ral prolongation of the land territory of Canada
	(a) subject to paragraphs (b) and (c), to the outer edge of the continental margin, deter mined in the manner under international law that results in the maximum extent of the continental shelf of Canada, the outer edge of the continental margin being the submerged prolongation of the land mass of Canada consisting of the seabed and subsoil of the shelf, the slope and the rise, but not including the deep ocean floor with its oceanic ridges or its subsoil;
	(b) to a distance of 200 nautical miles from the baselines of the territorial sea of Canada where the outer edge of the continental margin does not extend up to that distance; or
	(c) in respect of a portion of the continental shelf of Canada for which geographical coordinates of points have been prescribed pursuant to paragraph 4.8(a), to lines deter mined from the geographical coordinates of points so prescribed.
Determina- tion of the outer limit of the continental shelf of Canada	(2) For greater certainty, paragraphs (1)(a) and (b) apply regardless of whether regula tions are made pursuant to paragraph 4.8(b) prescribing geographical coordinates of points from which the outer edge of the continental margin or other outer limit of the continental shelf of Canada may be deter mined.
Sovereign rights of Canada	4.5 Canada has sovereign rights over the continental shelf of Canada for the purpose of exploring it and exploiting the mineral and other non-living resources of the seabed and subsoil of the continental shelf of Canada, together with living organisms belonging to sedentary species.