Bill C-96

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	2nd Session, 35th Parliament, 45-46 Elizabeth II, 1996-97
	The House of Commons of Canada
	BILL C-96
	An Act to amend the Coastal Fisheries Protection Act and the Canada Shipping Act in order 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
	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
1994, c. 14, s. 1	1. (1) The definition ``straddling stock'' in section 2 of the Coastal Fisheries Protection Act is repealed.
	(2) Paragraph (b) of the definition ``protection officer'' in section 2 of the Act is replaced by the following:
	(b) a member of the Royal Canadian Mounted Police, or
	(3) Section 2 of the Act is amended by adding the following in alphabetical order:
``Agreement'' « 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 the foreign fishing vessel the right to fly the flag of that state or that is otherwise entitled to fly the flag of that state;
``participating state'' « État assujetti à l'accord »	``participating state'' means a foreign state or an organization of foreign states that has ratified or acceded to the Agreement, that has notified in writing the Secretary-General of the United Nations of its intention to apply the Agreement on a provisional basis or that has entered into a reciprocal arrangement with Canada to apply the Agreement in whole or in part;
	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 designated by the Governor in Council under subparagraph 6(e)(i);
	(b) fish without a licence, permit or other authorization issued by that state;
	(c) conceal, tamper with or dispose of any thing that may afford evidence of an offence; or
	(d) conceal its identity or registration, including displaying a false marking, identity or registration.
	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) Paragraph 6(e) of the Act is replaced by the following:
	(e) implementing the Agreement, including by
	(i) incorporating by reference 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 those the contravention of which is prohibited by paragraph 5.3(a),
	(ii) designating any area of the sea regulated by such a regional fisheries management organization or arrangement,
	(iii) restricting the manner in which the powers conferred under this Act on a person engaged or employed in the administration or enforcement of this Act may be exercised in order to be consistent with the Agreement and the measures referred to in subparagraph (i),
	(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, 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 participating state.
1994, c. 14, s. 4	4. Section 7 of the Act is replaced by the following:
Boarding by protection officer	7. A protection officer may, subject to subparagraph 6(e)(iii), in respect of any fishing vessel found within Canadian fisheries waters, the NAFO Regulatory Area or an area of the sea designated under subparagraph 6(e)(ii),
	(a) for the purpose of ensuring compliance with this Act and the regulations, including any measure incorporated by reference under subparagraph 6(e)(i), board and inspect the vessel; and
	(b) with a warrant issued under section 7.1, search the vessel and its cargo.
	5. Section 8 of the Act is replaced by the following:
Arrest	8. A protection officer may, subject to any regulations made under subparagraph 6(e)(iii), arrest without warrant any person who the officer suspects 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 suspects on reasonable grounds that an offence under this Act has been committed may, subject to any regulations made under subparagraph 6(e)(iii), seize
	7. Sections 10 to 12 of the Act are replaced by the following:
Custody of seized vessels and goods	10. Subject to section 11 and any regulations made under subparagraph 6(e)(iii) , any fishing vessel and goods seized pursuant to section 9 shall be retained in the custody of the protection officer who made the seizure or delivered into the custody of such person as the Minister may direct.
Perishable goods	11. A protection officer or other person having the custody of fish or any other perishable articles seized pursuant to section 9 may, subject to any regulations made under subparagraph 6(e)(iii), sell them, and the proceeds of the sale shall be paid to the Receiver General or deposited in a bank to the credit of the Receiver General.
Return if no proceedings instituted	12. Subject to any regulations made under subparagraph 6(e)(iii), any fishing vessel or goods seized pursuant to section 9 or the proceeds realized from a sale pursuant to section 11 shall be returned or paid to the person from whom the fishing vessel or goods were seized if the Minister decides not to institute a prosecution in respect of an offence under this Act, and in any event shall be so returned or paid on the expiration of three months after the day of seizure unless before that time proceedings in respect of the offence are instituted.
	8. Section 18 of the Act is amended by adding the following after subsection (2):
Punishment	(2.1) Every fishing vessel of a participating state that contravenes section 5.3 is guilty of an offence and is liable
	(a) on conviction on indictment, to a fine not exceeding $500,000; or
	(b) on summary conviction, to a fine not exceeding $100,000.
	9. The Act is amended by adding the following after section 18:
Proof of offence by a fishing vessel of a participating state	18.01 (1) In a prosecution of a fishing vessel of a participating state 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 of a participating state on which a summons is served must appear by counsel or agent.
Trial where vessel does not appear	(3) If a fishing vessel of a participating state 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 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.
	10. 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
1994, c. 14, s. 7	11. Subsection 18.2(3) of the Act is replaced by the following:
Attorney General of Canada	(3) Where an act or omission that is an offence by virtue only of paragraph 18.1(a) or (b) is alleged to have been committed on board or by means of a vessel that is registered or licensed under the laws of a state other than Canada, the powers referred to in subsection (1) may not be exercised outside Canada with respect to that act or omission without the consent of the Attorney General of Canada.
R.S., c. S-9; R.S., cc. 27, 31 (1st Supp.), cc. 1, 27 (2nd Supp.), c. 6 (3rd Supp.), c. 40 (4th Supp.); 1989, cc. 3, 17; 1990, cc. 16, 17, 44; 1991, c. 24; 1992, cc. 1, 27, 31, 51; 1993, c. 36; 1994, cc. 24, 41; 1995, cc. 1, 5; 1996, cc. 21, 31	canada shipping act
	12. *Subsection 504(1) of the Canada Shipping Act* is replaced by the following:**
Inquiry into conduct of certificated officer	504. (1) The Minister may cause an inquiry to be held if the Minister believes on reasonable grounds that any master or seaman
	(a) is unfit to discharge their duties because of incompetency or misconduct;
	(b) has failed to render such assistance or give such information as is required under sections 568 and 569; or
	(c) has wilfully contravened section 5.3 of the Coastal Fisheries Protection Act.
	13. Section 505 of the Act is amended by adding the following after paragraph (a):
	(a.1) that any master or seaman has wilfully contravened section 5.3 of the Coastal Fisheries Protection Act,
	CONDITIONAL AMENDMENTS
Bill C-62	14. If Bill C-62, introduced in the second session of the thirty-fifth Parliament and entitled An Act respecting fisheries, is assented to, then, on the coming into force of section 207 of that Act,
	(a) the definition ``straddling stock'' in section 2 of that Act is repealed;
	(b) section 2 of that Act is amended by adding the following in alphabetical order:
``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 the foreign fishing vessel the right to fly the flag of that state or that is otherwise entitled to fly the flag of that state;
``participating state'' « État assujetti à l'accord »	``participating state'' means a foreign state or an organization of foreign states that has ratified or acceded to UNFA, that has notified in writing the Secretary-General of the United Nations of its intention to apply UNFA on a provisional basis or that has entered into a reciprocal arrangement with Canada to apply UNFA in whole or in part;
``UNFA'' « accord APNU »	``UNFA'' 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;
	(c) that Act is amended by adding the following after section 34:
Definition of ``straddling stock''	34.1 For the purposes of sections 33 and 34, ``straddling stock'' means a prescribed stock of fish that occurs both within the exclusive economic zone of Canada and in an area beyond and adjacent to the exclusive economic zone of Canada.
Offences	34.2 No fishing vessel of a participating state shall, in an area of the sea designated under subparagraph 185(c)(i),
	(a) contravene a measure designated by the Governor in Council under subparagraph 185(c)(i.1);
	(b) fish without a licence, permit or other authorization issued by that state;
	(c) conceal, tamper with or dispose of any thing that may afford evidence of an offence; or
	(d) conceal its identity or registration, including displaying a false marking, identity or registration.
	(d) the portion of subsection 156(3) of that Act before paragraph (a) is replaced by the following:
Other activities	(3) Every fishing vessel that contravenes any of paragraphs 31(1)(b) to (e), section 32, 34, 34.2, 35 or 36 or any regulations referred to in any of those provisions
	(e) the portion of paragraph 185(c) of that Act before subparagraph (ii) is replaced by the following:
	(c) for implementing the provisions of any fisheries treaty or arrangement to which Canada is a party or any international conservation or management measure taken under such a treaty or arrangement or taken by or under 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 conservation and management of straddling fish stocks or highly migratory fish stocks, including, but not limited to,
	(i) designating any area of the sea regulated by such a regional fisheries management organization or arrangement,
	(i.1) incorporating by reference the conservation or management measures of such a regional fisheries management organization or arrangement and designating from amongst them those measures the contravention of which is prohibited by paragraph 34.2(a),
	(i.2) authorizing the Minister to take any enforcement action consistent with UNFA and the measures referred to in subparagraph (i.1) in respect of a fishing vessel of a participating state or of any person on board the vessel or to permit a participating state to take enforcement action in respect of a Canadian fishing vessel, and
	(i.3) if, in the opinion of the Governor in Council, Canada is authorized by or under the treaty, measure or arrangement to enforce it against nationals of other states or fishing vessels entitled to fly the flags of other states, prescribing

Bill C-96

BILL C-96

CONDITIONAL AMENDMENTS