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Bill S-238

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First Session, Forty-second Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
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 and exportation of shark fins)
AS PASSED
BY THE SENATE
October 23, 2018
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 into and exportation from Canada of shark fins or parts of shark fins that are not attached to a carcass, or any derivatives of shark fins.
Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


1st Session, 42nd Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
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 and exportation 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 and Exportation Act.
R.‍‍S.‍‍, c. F-14

Fisheries Act

2The Fisheries Act is amended by adding the following after section 31:
Prohibition
32(1)No person shall engage in the practice of shark finning.
Definition of shark finning
(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.
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 and exportation — shark fins
(1.1)No person shall, except under and in accordance with a permit issued pursuant to subsection 10(1.‍‍1), import or export, or attempt to import or export, into or from Canada shark fins or parts of shark fins that are not attached to a shark carcass, or any derivatives of shark fins.
4Section 10 of the Act is amended by adding the following after subsection (1):
Importation and exportation — shark fins
(1.1)The Minister may, on application and on such terms and conditions as the Minister thinks fit, issue a permit authorizing the importation or exportation of shark fins or parts of shark fins that are not attached to a shark carcass, or any derivatives of shark fins, if the Minister is of the opinion that
(a)the importation or exportation 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.
Published under authority of the Senate of Canada

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